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Law Girl
Law Girl, Family Law Attorney
Category: Family Law
Satisfied Customers: 4606
Experience:  I have a law practice that is largely dedicated to family law matters.
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Please help. My ex-dtr in law put a restraining order ...

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Please help. My ex-dtr in law put a restraining order on me, my husband and son to keep away from our granddtr. (1,ooo ft). until the yr. 2010, when my granddaughter would be 20 yrs. old. She will be turning 18 on April 15, and wants to come back and live with us. How can I have this restraining order lifted? It was issued by the family court in Orange County, Calif. Can I request a modification for this restraining order to be lifted? Do I have to go to court? I live in Nevada. My granddtr. is living in Arizona with an aunt at the present moment. Any advise would be appreciated. Thank You.
Submitted: 9 years ago.
Category: Family Law
Expert:  Law Girl replied 9 years ago.

DearCustomer

Only a judge can life a restraining order. So, upon turning 18, your granddaughter should go into the court that issued the restraining order and bring a motion to lift the restraining order. In bringing the motion, she will need to explain why the restraining order should be lifted. Since this motion can be somewhat difficult, she may want to consider working with a California local attorney to have the order lifted. I would be happy to make a recommendation for an attorney deals in these types of issues if your granddaughter needs one.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

Customer: replied 9 years ago.
Reply to Law Girl's Post: Dear Sir, can she request a court date thru the web for this modification to be lifted? She cannot afford to make so many trips to Calif.
Expert:  Law Girl replied 9 years ago.

No, she would file her motion and the court would give her a court date. Then she would be expected to appear on that date. For some reason if she is unable to attend on the appointed day, she may be able to request another date, but that needs to be handled through the court.

 

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