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How to ask to change or end a restraining order Ask to change or end the restraining order. Fill out forms and file them with the court. ... Serve the other side. Another adult , not you, delivers a copy of the request to the other side. ... Prepare for and go to court. Prepare for court and go to your court date. ... Final steps.
Forms to complete: Civil Case Cover Sheet (Form CM-010 ) Declaration in Support of Ex Parte Application for Civil Restraining Orders (Local form CV-5014 ) Notice of Court Hearing (Civil Harassment Prevention) (Form CH-109 ) Temporary Restraining Order (CLETS-TCH) (Form CH-110 )
Authority for Protective Order Under California Code of Civil Procedure §2025.420, the court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.
A Restraining Order can be filed and requested by an individual; No Contact Orders are issued in criminal court by a judge. A judge will issue a No Contact Order to protect the alleged abuser from continued violence, threats, and/or harassment. The order will specify what is and isn't allowed in terms of contact.
Under California family law, a restraining order can only be dismissed by a judge in a court of law. So to get it canceled, you must file a motion to get the order dismissed with the court. You must demonstrate that the restraining order is no longer necessary or you have fully complied with the terms of the order.
A judge can grant a restraining order to protect someone, their family members and their pets. Once a judge grants a restraining order, the police can be called to enforce it.
Protective orders issued in a criminal case A CPO can include orders that the defendant: Not contact people protected by the order. Not harass, stalk, threaten or hurt people protected by the order. Stay a certain distance away from people protected by the order or places they live or go regularly.