Legal Question in Family Law in California

Can you dismiss a Restraining Order?

My husband and I are in the process of divorce and I was granted a 3 year restraining order against my husband. We are trying to reconcile. Can we go in front of a judge and have the order dismissed some how? We want to try and work things out, but know that we cannot be together because of the restraining order. Please help.


Asked on 10/15/03, 7:18 pm

3 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Can you dismiss a Restraining Order?

Normally, an automatic restraining order is acquired as petition/etc is filed, minimal, but it is normally there. Is that what you are speaking of? If so, not such a concern as if a problem existed and one of you felt you were forced to restrain the other's behavior. Need more info. However, yes, you can go before the court to ask for it to be lifted. Call to discuss. Don Holben 800-685-6950

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Answered on 10/16/03, 2:34 pm
Ruth Feierabend Feierabend Law, LLC

Re: Can you dismiss a Restraining Order?

Yes, there is a procedure to dismiss a restraining order. It is necessary to file a motion with the Court requesting that the restraining order be lifted, and ususally you will have to attend a hearing. The judge will want to question you to make sure that you really want to have it lifted, and that you are not being coerced into having it removed.

A word of caution, though. Something led you to get the restraining order in the first place. While I applaud your desire to try to work things out, think carefully about what it was that led you to seek the restraining order. If you get the order lifted now, it will be MUCH more difficult, if not impossible, to ever get a restraining order against him in the future, should the same type of events happen again.

Good luck to you,

Ruth A. Feierabend

www.attorneyruth.com

Disclaimer

The information you obtain from this communication is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. The use of the Internet for communications with Ruth A. Feierabend will not establish an attorney-client relationship. Messages containing confidential or time-sensitive information should not be sent in this forum.

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Answered on 10/15/03, 7:49 pm
Nina Gohari Law Office Of Nina N. Gohari

Re: Can you dismiss a Restraining Order?

Yes, you may file pleadings with the court reflecting that you have agreement to set aside the restraining order. Then you will need to have the court approve of the agreement obtaining a "court order" to set aside and vacate the existing restraining order.

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Answered on 10/20/03, 3:01 pm


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