Removing or Modifying a Restraining Order in California
After filing a restraining order in California it is possible to modify or remove the restraining order if the protected party sees fit. The restrained party may also file to have a restraining order terminated or modified. Here’s how to terminate a restraining order in California.
How to Remove a Restraining Order in California
In order to terminate or modify a restraining order, an individual has to file a request to modify or terminate the restraining order prior to the expiration date of the restraining order. Both the protected party and restrained party are able to file a request to modify or terminate.
Filing Process to Remove or Modify a Restraining Order
Begin by reading form DV-400-INFO, which includes the following in details:
- The protected party or restrained party can request to modify or terminate prior to the expiration date of the order.
The following portions of a restraining order can be modified after a case ruling:
- The restraining orders protect a party from violence or threat of violence. For example, this includes no contact or stay away orders.
- The list of persons protected by the order.
- Child custody, child support, or child visitation orders
- Domestic or spousal support orders
If a restraining order does end, visitation, custody, support, or spousal or domestic partnership orders will remain in effect, unless the court modifies or terminates these orders. If a restrained party seeks to modify or terminate the order they must not violate the restraining order while seeking to file a change or termination in regard to the restraining order. This process is outlined in form DV-400-INFO.
Related: Types of Restraining Orders in California
How to Modify a Restraining Order in California
If a party seeks to change child custody or visitation that may have been impacted by the restraining order, fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act Form FL-105.
Fill out any of the following forms as well if the details apply to your case:
- Child custody and Visitation Form FL-311
- Child Abduction Prevention Orders Form FL-312
- Joint Legal Custody Form FL-341(E)
- Additional Provisions Form FL-341(D)
- Children’s Holiday Schedule Form FL-341(C)
In order to modify child or spousal support orders, use:
- Current Income and Expense Declaration Form FL-150
Other parts of a restraining order that may be modified include stay-away orders and no-contact orders.
- After all proper forms have been filled out, go to your county court’s self-help center and have them review all documents.
- Make sure you have three copies of each form; two copies will be for the parties involved and one will be for the court.
- Provide all necessary documents to the court clerk, who will return your copy of the form with a court date and time stamped on the front page.
- Following this step, ensure that the other party in the case is served with all necessary court case documents. The sheriff’s department is the most reliable party to serve documents in cases involving restraining orders.
- Once the other party has been served, file your proof of service with the court.
- Following all these steps, attend the court hearing.
- The judge will either grant the modification or termination of the restraining order.
Judges are usually hesitant to overturn restraining orders, especially if filed by the protected party. This arises from the fact that the protected party may be under pressure from the restrained party to terminate the restraining order.
FAQS
Will a removed restraining order remain on my record?
A restraining order will not show up on your record. On the off chance that it does appear on your record, it will be shown as terminated or dismissed.
Can I terminate or modify a restraining order after the expiration date?
A restraining order can only be modified or terminated prior to the expiration date. The restraining order will remain on your record for five years following the expiration date.
Can I contest child custody if a restraining order is terminated?
Child custody orders are much easier to contest following the modification or termination of a restraining order. Judges consider the best interests of the child in child custody proceedings, so the removal of a restraining order is essential to obtain any form of custody.
Contact Us
If you or a loved one is seeking to terminate a restraining order, get your free consultation with one of our experienced Restraining Order Attorneys in California today!