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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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How do I get a RESTRAINING ORDER dismissed or modified if it

Customer Question

How do I get a RESTRAINING ORDER dismissed or modified if it was filed today in CALIF courts without the petitioner present; WHERE false claims are presented in the case as evidence against me.
Submitted: 2 years ago.
Category: Legal
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you.

What relationship does the Petitioner have to you? eg. husband, wife, girlfriend, boyfriend, co-worker, etc.

Have you been served with a copy of the restraining order?

Thanks
Customer: replied 2 years ago.
Was a co-worker in the since that I was observing the events with pre-planning until attacked by his employee. Court today to discuss the problems and the Judge ignored my details and granted order; bailiff handed me a copy of the order.
Customer: replied 2 years ago.
Relist: Other.
no response given
Expert:  xavierjd replied 2 years ago.
I am sorry for the delay. I was finishing assisting another customer.

So, was today the hearing to make the Restraining Order Permanent?

Was she represented by an attorney?

Were any witnesses' testimony taken by the judge?

Thanks
Customer: replied 2 years ago.

Yes today was for permanent

He was represented with an attorney, I was not.

No witness, and the Judge disregarded my statements.

I want to stop this harassment against me and file a case and the Judge said I need and attorney, but none will respond.

Expert:  xavierjd replied 2 years ago.
Thanks for the information.

You have 2 options.

Under Section 533 of the California Code of Civil Procedure, a court may modify or terminate an injunction or restraining order upon a showing of a material change in the facts on which the restraining order was granted, a change in the law on which the restraining order was granted or that justice requires modification of the restraining order.

Therefore, you can file a Motion to Modify or Terminate the Restraining Order if you can show that, for example, the facts upon which the judge made the decision were false or exaggerated. You will have to have witnesses, proof of false statements made by the Petitioner, etc.

Further, the California judicial system allows those who have been found guilty of harassment or abuse to appeal the court's decision to place a restraining order on them, prohibiting their contact with the person in question. Before you appeal the decision, however, keep in mind that an appeal doesn't grant you a new trial. Instead, a higher court will review your case carefully to look for mistakes or inconsistencies on the part of legal counsel and the previous judge. It's a good idea to have a lawyer file your appeal, though it isn't mandatory.http://www.ehow.com/how_6515573_remove-restraining-order-california.html

Below is a link to the form that must be filed to appeal the decision made to grant the restraining order:

http://www.courts.ca.gov/documents/app002.pdf

I want to look up one more thing for you to see if it applies. But, I want to give you this answer so that you know that I am working on your question. I'll be back shortly with any additional information that I may be able to give to you.

Thanks for your patience.


Expert:  xavierjd replied 2 years ago.
Thanks for your patience.

If you choose to Modify or Terminate the Restraining Order (NOT appeal the decision), then you must use for L-1034.

Below is a link to Form L-1034 and the instructions for filling it out, filing it and serving it on the other side.

http://www.occourts.org/forms/local/l1034.pdf

If you do wish to appeal the decision, or even if you wish to Modify/Terminate the Restraining Order, you may wish to contact an attorney who specializes in criminal law. Below is a link to the California Bar Association Lawyer Referral Page. You can find an attorney in your area who may be able to help you. An initial consultation may have a minimal charge. However, it would be worth the minimal cost associated to discuss the specific facts of your case, show the attorney your evidence, evaluate your options and decide how to proceed.

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

I hope you have found the information useful and that you CLICK THE GREEN BUTTON to rate the answer and so I can get credit for answering the question. Thank you.

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