How can I remove a restraining order that is still valid?

Previous | Next
 rated by 0 users
Latest post Wed, Apr 23 2008 12:55 PM by LynnM. 2 replies.
  • Tue, Apr 22 2008 10:28 PM

    • Tina123
    • Not Ranked
    • Joined on Tue, Apr 22 2008
    • Posts 2

    Question [=?] How can I remove a restraining order that is still valid?

    Around last year (2007) during april/may I had filed a case of domestic violence charges against my boyfriend. He served his time and was ordered by the judge to take classes in regards to it. Additionally, I filed for a domestic violence restraining order against him which is valid for 5 years... Although we were broken apart for awhile, we some how got back in contact and started to date again. As of now, the relationship is going great and there are no problems. :) We are actually taking out relationship a step further and are about to form a family of our own...However, in regards to this situation I have a few questions as followed:

    1. How can I remove the restraining order (state: Californina)?

    2. By the judge knowing that my boyfriend and I have been still seeing eachother, how will it effect the process in removing of the restraining order?
    Will there be any consequences towards him or myself?


    Thank you. Hope to hear back soon.
  • Wed, Apr 23 2008 8:06 AM In reply to

    re: How can I remove a restraining order that is still valid?

    You need to consult local counsel as to the specific procedure in your particular county. ( individual judges even have their own specific requirements). Generally, you would file to vacate the Restraining Order setting forth the reasons why; a hearing will probably be scheduled with both parties questioned.
    Currently, your boyfriend is in violation of the order.
  • Wed, Apr 23 2008 12:55 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    re: How can I remove a restraining order that is still valid?

    You 'some how" got back together in spite of the fact that he's apparently beaten you and is currently in violation of a court order?

    What you are doing right now is a good way to get him in significant trouble. You can consult a lawyer but the court is going to have trouble swallowing that last year he was a danger and suddenly he's prince charming.
Page 1 of 1 (3 items) | RSS

My Community

Community Membership New Users: Search Community