Results 1 to 5 of 5
  1. #1
    Join Date
    Feb 2013
    Location
    Sacramento, California
    Posts
    5

    Post How to Modify a Restraining Order

    My question involves restraining orders in the State of: Sacramento, California.
    My older brother was dating this woman for about a year and then things turned sour and she got a restraining order against him for domestic battery and because he supposedly installed a tracker on her cell. (I know it sounds horrible.) She not only put herself on the restraining order but her brothers and sisters as well. He cant be near any of them. While this was happening I was already dating HER younger brother--WHO IS ON THE ORDER
    It has now been 2 1/2 years since the 5 year restraining order has been placed and my boyfriend and I are happy and in love and are wanting to find a way for just him to be removed and the order slightly modified. This way my boyfriend (her younger brother) will be able to come to family functions when my brother will be there. Like my family birthday dinners and Christmas!
    Another concern of ours is how to find a lawyer. Do we need a lawyer to do this or is this something we could do on our own in court? My boyfriend and "her" dad is a lawyer and he was the one who was in court representing her side to get the order placed, so unfortunately we know that he is not interested in helping us getting a petition to have the order modified. (Even though we get along great, I don't think he want to get involved again.) If I do need a lawyer how much do you think it would cost?
    Thank you for your time.

  2. #2
    Join Date
    Oct 2006
    Posts
    4,612

    Default Re: How to Modify a Restraining Order

    Quote Quoting agiannelli
    View Post
    My question involves restraining orders in the State of: Sacramento, California.
    My older brother was dating this woman for about a year and then things turned sour and she got a restraining order against him for domestic battery and because he supposedly installed a tracker on her cell. (I know it sounds horrible.) She not only put herself on the restraining order but her brothers and sisters as well. He cant be near any of them. While this was happening I was already dating HER younger brother--WHO IS ON THE ORDER
    It has now been 2 1/2 years since the 5 year restraining order has been placed and my boyfriend and I are happy and in love and are wanting to find a way for just him to be removed and the order slightly modified. This way my boyfriend (her younger brother) will be able to come to family functions when my brother will be there. Like my family birthday dinners and Christmas!
    Another concern of ours is how to find a lawyer. Do we need a lawyer to do this or is this something we could do on our own in court? My boyfriend and "her" dad is a lawyer and he was the one who was in court representing her side to get the order placed, so unfortunately we know that he is not interested in helping us getting a petition to have the order modified. (Even though we get along great, I don't think he want to get involved again.) If I do need a lawyer how much do you think it would cost?
    Thank you for your time.
    How old is your boyfriend?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,030

    Default Re: How to Modify a Restraining Order

    Quote Quoting agiannelli
    View Post
    My older brother was dating this woman for about a year and then things turned sour and she got a restraining order against him for domestic battery and because he supposedly installed a tracker on her cell. (I know it sounds horrible.)
    He's lucky the battery and the stalking were not reported to the police, or a restraining order might be the least of his problems!

    She not only put herself on the restraining order but her brothers and sisters as well. He cant be near any of them. While this was happening I was already dating HER younger brother--WHO IS ON THE ORDER
    That's fine, YOU can continue to date her brother.

    It has now been 2 1/2 years since the 5 year restraining order has been placed and my boyfriend and I are happy and in love and are wanting to find a way for just him to be removed and the order slightly modified.
    That's odd, since three years is the typical duration of a TRO.

    If your boyfriend is legally an adult and no longer wants to be a protected party on the TRO, he can see about how best to approach the court to get his name removed from the order. It might be best to use an attorney for this.

    Another concern of ours is how to find a lawyer. Do we need a lawyer to do this or is this something we could do on our own in court?
    You might be able to do this on your own, but some courts are less user-friendly than others, and he might find himself dancing in circles trying to find out HOW to get the matter before the court. A local attorney that deals in such matters should be able to negotiate the system rather quickly. Depending on the work that has to be put in, I don't imagine the cost would exceed $1,500-2,000 at the high end.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
    Join Date
    Feb 2013
    Location
    Sacramento, California
    Posts
    5

    Default Re: How to Modify a Restraining Order

    He is 27.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,030

    Default Re: How to Modify a Restraining Order

    Then he can hire an attorney to help him or he can try to get the matter before the court so that his name can be removed from the TRO as a protected party.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

    1. Sponsored Links
       

Similar Threads

  1. Modification of Custody: Ex Wants to Modify Existing Consent Order
    By coreyb21 in forum Child Custody and Visitation
    Replies: 9
    Last Post: 08-18-2013, 12:11 PM
  2. Interstate Issues: How to Modify a Court Order when You Live in Another State
    By artnessa in forum Child Custody and Visitation
    Replies: 1
    Last Post: 06-29-2013, 06:32 AM
  3. Modification of Custody: How to Modify a Custody Order Without a Lawyer
    By rlk in forum Child Custody and Visitation
    Replies: 5
    Last Post: 05-10-2013, 12:18 PM
  4. Modification of Support: Who Has Jurisdiction to Modify a Child Support Order
    By portland-dad in forum Child Support
    Replies: 2
    Last Post: 02-21-2013, 03:22 PM
  5. Probation and Parole: How to Modify Unreasonable Criminal No Contact Order
    By Sokura in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 04-25-2011, 04:23 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document