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Albert Marmero
Albert Marmero,
Category: Family Law
Satisfied Customers: 197
Experience:  Partner at Long, Marmero, & Associates, LLP
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I have a temporary restraining order on someone (started

Customer Question

I have a temporary restraining order on someone (started Sunday morning). What do I need to do to remove the temporary restraining order? (California, Santa Clara County)
Submitted: 1 year ago.
Category: Family Law
Expert:  Albert Marmero replied 1 year ago.

In order to have a restraining order removed, or lifted, you would have to file a motion requesting that the court modify the existing restraining order so that it expires on the date of your hearing. However, there is no guarantee the court will lift the restraining order. You have to make the case for why it would be reasonable to do so; in particular, why you believe that your safety and well-being is no longer in jeopardy as compared to when you originally requested the restraining order. If the court agrees that you reasonably believe you are no longer in danger or subject to harassment, then it would likely allow the order to expire as requested.

If you do not have a lawyer, you will need to get the appropriate forms from the Court to file such a motion. These forms should be available online as well,

I hope this is helpful. If so, please provide a rating so I receive credit for responding to you. Also, feel free to ask follow up questions. Thanks!

Customer: replied 1 year ago.
Can you send a link to the proper forms to lift the restraining order? Thx
Expert:  Albert Marmero replied 1 year ago.

Customer: replied 1 year ago.
Thanks, ***** ***** form doesn't say anything about a temporary restraining order... it's about child support, custody, visitation, etc.