In California, domestic violence restraining orders (DVROs) serve as a protective legal tool to shield individuals from harm, harassment, or abuse.
Domestic violence was on the rise during the COVID-19 lockdown, and it is important to understand the legal nuances of the DVRO process.
While these orders are designed to offer protection, circumstances can change, and people sometimes seek to modify or terminate them. Understanding how to legally navigate this process is crucial.
In this article, we’ll explore how to terminate a restraining order in California from three distinct perspectives:
- The other party initiated the restraining order, and you want to protest it
- The other party initiated the restraining order, but you’ve since reconciled and want it nullified
- You initiated the restraining order, but now want it nullified
We’ll look at how the law applies to each situation, what steps must be taken, and what to expect when undergoing this process.
1. The Other Party Initiated the Restraining Order, and You Want to Protest It
If the other party initiated a domestic violence restraining order against you, and you believe it was unjust or that it should be terminated, you have legal options. It’s important to note that simply disagreeing with the order is not enough to have it lifted.
You’ll need to follow specific procedures to contest it. The outcome of this effort may, in part, depend on whether a court will drop domestic violence charges if they are relevant.
What to Do
Attend the Hearing:
Once a restraining order is filed against you, the court will schedule a hearing. If you have not already done so, make sure you attend the hearing.
Failing to attend can result in the judge granting the order automatically, even if you disagree with it. During the hearing, you will have an opportunity to present your side of the story and explain why the restraining order should be dismissed.
Present Evidence:
To successfully contest a restraining order, you need to provide compelling evidence that the claims made by the petitioner (the person who filed the order) are either false or exaggerated. This could include:
- Witness testimony supporting your version of events.
- Text messages, emails, or recorded conversations that counter the accusations.
- Video or photo evidence that shows no abuse or harassment occurred.
- A history of peaceful interactions between you and the other party.
If you have any evidence that the restraining order was filed maliciously or in bad faith, present that in court as well.
Request a Lawyer:
It is strongly advised that you seek legal counsel when contesting a domestic violence restraining order. A Los Angeles restraining order attorney can help you prepare your case, represent your interests in court, and help you navigate the complexities of family law in California.
2. The Other Party Initiated the Restraining Order, but You’ve Since Reconciled and Want It Nullified
In some cases, the person who filed the restraining order may no longer feel the need for it. This could happen after the parties have reconciled or resolved their differences.
How to terminate a restraining order in California after reconciling:
Clarify if the Other Party Wants to Maintain the DVRO
If both parties agree that the restraining order is no longer necessary, the petitioner can request that the court terminate the order. However, mutual agreement between the parties alone is not enough to automatically lift the order; it must go through the legal process.
Importantly, if a restraining order is in place, you cannot contact the other party directly.
Instead:
- Use a Third Party or Attorney: Communicate through a valid third party or an attorney.
- Check for Exceptions: Review the restraining order for any exceptions that allow communication, such as through a third party.
Direct contact violating the order can lead to legal consequences, so always follow the proper legal procedures.
File a Request for Dismissal:
To initiate the process of having the restraining order dismissed, you (or the other party) will need to file a Request for Dismissal (form DV-112) with the court. This form can be obtained from the court clerk’s office or downloaded from the California Courts website.
When filing this request, the petitioner will explain why the order is no longer necessary, and the court will schedule a hearing.
Attend the Hearing:
The hearing will allow both parties to state why they believe the order should be terminated. If both parties express their agreement and provide evidence showing that the risks of harm no longer exist, the judge may agree to dissolve the order. Evidence is an important aspect of how to cancel a restraining order in California.
Seek Legal Assistance:
While it is possible to file for dismissal of a restraining order on your own, it’s highly recommended to have an attorney assist with the process, especially if the other party has not agreed to the dismissal or there are disputes about whether the order should remain in place.
Make sure you know how to choose the right family and divorce lawyer.
3. How to Terminate a Restraining Order in California
If you are the person who initiated the domestic violence restraining order but have since had a change of heart, perhaps due to a reconciliation or new circumstances, you may wish to nullify the order.
You already know how to get a domestic violence restraining order in California. Now, terminating a restraining order you requested involves several legal steps and is treated similarly to a request for dismissal from the other party.
How to Cancel a Restraining Order You Initiated in California:
Contact the Court:
Start by contacting the court where the restraining order was filed. They can provide the necessary forms and instructions, and you will likely need to file a Request for Dismissal Form.
Attend the Hearing:
The court will schedule a hearing for you to explain why you wish to terminate the order. It’s important to attend this hearing and be prepared to present your reasons.
If you have reconciled with the other party or feel there is no longer any threat of harm, you should provide that information to the judge. You may also present evidence, such as communications between you and the other party, showing no need for a restraining order.
Show Evidence of Changed Circumstances:
Just as in the previous cases, evidence plays a critical role in the court’s decision. Provide any proof that the circumstances have changed since the order was first issued.
This might include:
- Statements or testimony showing that the other party no longer constitutes a threat.
- Documentation that the situation has calmed down or been resolved.
- Counseling records or other evidence that supports a safe environment.
Evidence of Counseling or Anger Management:
In some cases, if the original restraining order was filed because of ongoing issues like anger management or substance abuse, it may help to show that the party under restraint addressed these issues, such as attending therapy or counseling. This can demonstrate to the judge that the underlying issues have been addressed.
A domestic violence restraining order can help end the violence against a partner. But know they can be changed if circumstances change.
Restraining Order Expectations
When seeking to change a restraining order, how the judge views a party’s claim will be significantly based on the provided evidence. If the court determines that the evidence does not support the need for a restraining order and that both parties are safe, the judge may choose to dismiss or dissolve the order.
However, if the judge finds that the petitioner has valid claims of abuse or harassment or that there is still an ongoing risk, the restraining order may be kept in place or extended. Keep in mind that the court can also issue a lesser order, such as a civil harassment restraining order, depending on the situation.
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Whether you’re contesting a domestic violence restraining order imposed by the other party, seeking to nullify one you filed, or trying to dissolve a restraining order after reconciliation, navigating the legal process in California requires careful attention to detail. In each case, the court must weigh the safety and well-being of the parties involved.
If you are uncertain about any aspect of this process, seeking professional legal assistance is highly recommended. California law provides clear avenues regarding how to cancel a restraining order in California.
Still, it’s essential to approach this with a clear understanding of your options and the procedures that must be followed.
About Divorce Family Lawyer, Leon F. Bennett, Esq.
The Law Offices of Leon F. Bennett provide efficient and effective Family Law services throughout Southern California for over 35 years that satisfy you and your family’s goals. Whether you’re in need of Los Angeles divorce mediation expertise or a same sex divorce attorney, Leon F. Bennett, Esq. is an expert Woodland Hills divorce attorney who will get the desired results for you and your family.
Contact us today to request a consultation.
