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  1. #3
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    Sep 2005
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    Default Re: Lifting a DV-130 (Order of Protection) in California

    Quote Quoting regank33
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    Dated a girl for 6 years who all of a sudden wanted nothing to do with me and filed for the restraining order.
    That's certainly NOT what was related to the court by the ex.

    The DV-130 was issued 5 months ago for a 2 year period.
    Two years is odd ... the standard term is three.

    I did not go to the court hearing when she filed a temporary restraining order against me, since I thought she needed a 1 month cooling off period and would not proceed to get a 2 year order against me.
    Then you are sort of hosed. That hearing was when you would have tried to convince the court that you were NOT a threat to her. Simply you never attended court, the order was issued without challenge. I suspect you never filed a response as directed by the service paperwork you received, either.

    The paperwork you received should have indicated what you needed to do. At the very least it contained the court date and the contact info for the court. The fact that you made some erroneous assumptions is on you, not the court or the ex.

    I have no desire to communicate with her, as the damage has already been done. I simply don't want to have this on my record and want it out of the way.
    Understandable. But, it may not be that easy to get it back before a judge. You can hire an attorney who is experienced in family law issues to help you, or you can try to get this back before the court. You might have to make a few phone calls or visit the court directly to find out how to get this before a judge ... if you can. It is possible to get these withdrawn, but so exceedingly rare as they are unheard or. Absent some new info to show that she lied, or that she is NOT afraid of you, don't expect a judge to entertain anything you have to say. You had your chance and blew it off. Sorry.

    And, yes, it may very well have an effect on your ability to obtain a security clearance. One of the problems with youth is that they often fail to realize that actions have consequences ... perhaps it is because we parents have spent too much time shielding our little darlings from owies, scrapes, and legal consequences that they take such immunity as a given.

    The basis for her getting the restraining order against me is me calling her and text messaging her. In one of my text I did however reluctantly threaten to paralyze her but shortly after said that I did not mean what I had just said. This was enough for her to get the restraining order against me.
    That could certainly be enough. And since you did not care enough to refute the allegations the judge erred on the side of caution and issued the order.

    My question is, is it possible to go the the court house that it was issued and have a court hearing to remove the DV-130 without hiring a lawyer or spending money?
    REMOVING a DV TRO is not so easy. While it is possible that you can do it yourself, it is not all that likely.

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