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California Domestic Violence Laws. In the State of California, as in many other states, ?Restraining Orders? and ?Protective Orders? mean exactly the same thing.
Either side in a case, the protected or the restrained person, can ask to change or end a domestic violence restraining order (DVRO). Follow the steps below to ask the judge to change or end the restraining order.
If you disagree with the contents of your restraining order, you have a right to file a motion with the court to set aside or modify the order. However, the appeal process can vary depending on the intensity of the order. Plus, you must present valid grounds for an appeal to be successful.
Since a restraining order is a public record, it can affect a job search. Your potential new employer may discover your restraining order during a background check. There are certain reasons a restraining order may affect your current job.
A restraining order (also called a ?protective order?) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed.
A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically. What if I am under 18? If you are 12 or older, you can ask for a restraining order on your own and without your parent's permission.
Gather evidence in preparation for trial ? Talk with any friends or family members who might be used as your witnesses, and make sure you have a clear defense planned with your attorney. Anything that can be used in your case, like photos or emails, should be entered as evidence in support of your defense.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.