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AttyDort
AttyDort, Litigation Attorney
Category: Criminal Law
Satisfied Customers: 96
Experience:  Criminal and Civil jury trial expeirence; 17 yrs exp in state and federal courts.
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I am trying to dismiss a resraining order county. A 3 year

Customer Question

I am trying to dismiss a resraining order for LA county. A 3 year order was placed but I am told I cannot get it dismissed because it is a criminal case, but I can get it modified. I feel I need to write a letter to present to the judge on how we'd like to work out our differences and that I would like to have contact with him in being in touch with his family. We also owe each other money ex/car, credit card, etc. And I am also on his phone line which makes it impossible to pay him at the moment. A restraining order was also never needed as I have never felt in any danger. He and I had also discussed several times wed still be friends and end things on good terms. I am not sure how to put all of this into words for the judge.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttyDort replied 1 year ago.

A letter to the judge will not work. You have to make a formal motion for modification of the order. That requires: 1) getting a hearing date form the court clerks office; 2) filling the motion; and 3) serving the motion and notice of the hearing date on the other party.

There is no standard form for such a motion. One would have to be written up on pleading paper, and would need to include a signed declaration listing the facts that would support a modification of the order as asked.

A well written motion would also include a proposed court order for the judge's signature.

Is that something a person can do on their own, without an attorney? It is possible, but not easy. Hiring a licensed attorney to do the work correctly is the best option if possible.

Further info form California Judicial Council:

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

and California Domestic Violence Restraining Order Forms:

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

Follow up questions?

Expert:  AttyDort replied 1 year ago.

The DA is not going to help you. Their job is to enforce protective orders and put people in jail. They have zero interest in helping you. Only the court can adjust the order. The DA can object or not object, but only the court can modify a protective order.