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 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 (951) 506-6654 or contact us online to discuss your legal options.