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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34832
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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DO PERMANENT RESTRAINING ORDERS EXPIRE ? IF THE PERSON WHO

Resolved Question:

DO PERMANENT RESTRAINING ORDERS EXPIRE ? IF THE PERSON WHO HAS THE PERMANENT RESTRAINIG ORDER, REQUSTS TO HAVE THE R.O. BE REMOVED AFTER SEVEN YEARS, IN ORDER FOR HIM TO HAVE CUSTODY OF SOME CHILDREN HE HAS ACCUMULATED WITHIN THE PAST SEVEN YEARS,BUT THE PERSON WHO HAS THE PERMANENT RESTAINING ORDER AGAINST HIM,   WANTS THE R.O. TO STAY IN EFFECT PERMANENTLY AS ORIGINALLY ORDERD. PLEASE ADVISE WHAT IS THE PROCESS.THANK YOU IN ADVANCE.
Submitted: 7 years ago.
Category: Legal
Expert:  Barrister replied 7 years ago.

Hello,

 

Typically a permanent restraining order is in place for some specified time. Each state has its own time limits. If you tell me what state the order was put in place I can get you the info about its duration.

It can only be modified or terminated by the court. You can file a motion with the court to modify/rescind the order. The court will schedule a hearing where you and the other party would appear and you can state your reasons why the RO should be dropped or modified. The courts normally look favorably on a father's request to become involved in his children's lives and will weigh that against the reasons the other party presents for keeping the RO in place. One option that the courts may entertain is modifying the order from a no contact order to a no violent contact order. This would allow contact, but just not anything that would be considered physical or threatening.

 

Thanks.

Matt

 

 

Customer: replied 7 years ago.

The state is California. My daughter is the one who has the p.r.o. against this guy who has been issued several temporary r.o.s and broke it, this is within a 20 year time period.The only relationship beetwin them has been highschool friends. He has other restraining order also that is filed by another women.My daughter has psychologically been traumatized by this person ,and she has only recoverd by therapy and safety of knowing he can't contact her or get close.She wants to make sure that her safety and emotional wellbeing stays protected by the continued p.r.o. Thank you

Expert:  Barrister replied 7 years ago.

In California, a Permanent Restraining Order expires after 3 years. It can be renewed by the victim by asking the court after it expires. If it is a Domestic Violence Restraining order, it can last up to 5 years and can also be renewed.

She needs to check on the date of the order and make sure if it has expired that she renews it. Otherwise there is no legal prohibition on him contacting her.

 

I hope this helps.

Thanks.

Matt

 

 

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