John M. Kucera, Attorney at Law
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How do I get a restraining order removed?

One of the ways you could potentially get rid of a restraining order in California is simply to way for it to expire. Consider the duration of the order and the likelihood that the person who filed it will try to renew it, as well as any other pertinent factors. You could also decide to file a request to change or end the order.

Above all, it is important to respect the order while it is in place. Any and all actions you might make in violation of the court's decree would likely count against you in future proceedings. There are some common mistakes associated with this point — you might violate the protection order by attempting to serve papers to the other party, for example. 

There is a simple reason that you might want to consider other options before filing a request to change a restraining order: the process is quite complicated. The California Courts website lists a simplified version of how to modify your order after a hearing. However, simplicity is relative in this case. Their directions consist of nine steps, several of which are conditional or contain provisional instructions. 

Step two of the California Court's recommended process, the section involving filling out forms, could be particularly problematic. Choosing which forms to fill out and which requests to make at such a hearing would typically require a high-level understanding of your case as well as its criminal and civil legal contexts.

If you were to proceed with a request to modify your restraining order, it would be wise to fully prepare yourself. Every case is different, so please do not think of this as legal advice. It is only meant as background information. 

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John M. Kucera Attorney at Law

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