In California, individuals who are victims of domestic violence, harassment
or stalking may petition with the courts for protection from the alleged
offending party. These court injunctions, known as restraining orders,
can be used to prevent an alleged abuser from being able to contact, visit,
or come near a protected party. However what happens when parties reconcile
or find that its terms are too harsh?
Modifying a Restraining Order
A protected person or restrained person may request to have a restraining
order altered with a “Petition for Modification of a Criminal Protective
Order” filed with the court. A restraining order can be modified
to either increase or decrease the level of protection. Terms that can
be modified include:
- Personal, electronic, written, or telephone communication
- Contact with the protected person
- Certain distance from a protected person
A victim named in a restraining order can petition to modify or terminate
a restraining order; all they have to do is explain to the courts why
they no longer need protection. If a restraining order is to be removed,
a person must freely and voluntarily request the modification by filing
a petition with the clerk of the court that ordered it. The court hearing
is set 10 days after the date of filing, at which both people mentioned
in the restraining order must appear. A judge issues a decision in the
form of an approval, partial approval, or denial of the modification.
However, petitioning to removing a restraining order can be a difficult
and is not guaranteed. If you are looking to modify or terminate a restraining
order, you should retain the services of a
Murrieta criminal defense attorney to help secure a favorable outcome. If a person is subject to a restraining
order and violates it, they can face serious penalties including jail
time, payment of fines, probation and even the loss of child custody.
At Hanson, Gorian, Bradford & Hanich, we understand how vital it is
to protect yourself against a restraining order and we can provide the
knowledgeable support you need to ensure your best interests are guarded.
We know the Riverside County court system well and how to best help you
navigate the legal proceedings that may be ahead of you.
Call us today at (760) 634-7630 or contact us online
to discuss your legal options.