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  1. #1
    Join Date
    Oct 2014
    Posts
    1

    Default How to Lift a Protective Order After a No Contest Plea to Domestic Violence

    My question involves restraining orders in the State of: California, LA County.

    I'm trying to figure out how to lift/terminate a restraining order.

    I did not request one on him, it was placed in a DV hearing that I didn't attend. He plead no contest in court. And he has been following all the proceedings and classes since then. I want to get this lifted so we can start going to marriage counciling as well. He really took the fall on all of this when I caused just as much bulls**t as he did. But he is really working on himself and I have been too. Now I want to be able to start fixing our family as well. What would be the forms I need to file to begin the modification and removal process?

    Also is there anyway that through all of this he and me can do to fix this more and have it removed from his record once he finishes his classes etc?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,924

    Default Re: How Do I

    Pleading no contest is the same as pleading guilty.

    The judge found good reason to issue the restraining order for your protection.

    I've looked on the CA court self help site and there are plenty of forms for applying for and renewing a restraining order, but no forms for asking for termination of a restraining order.

    See for yourself:

    http://www.courts.ca.gov/forms.htm?filter=DV

    My guess is that the restraining order will have to run it course until he's completed all of his requirements.

    You're welcome to consult an attorney and see if there are any options.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How Do I

    This would be a criminal protective order either requested by the DA, or initiated on the court's own action. It is not an easy thing to get these rescinded or modified. You can try to get the matter back before the court, but, the most likely result might be a peaceful contact order ... maybe.
    **********
    Retired Cal Cop Sergeant & Teacher

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    Love mercy,
    Walk humbly with your God

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