Legal Question in Appeals and Writs in California

how do you stop a court restraining order in california?

Asked on 5/01/13, 11:03 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

I do not know what you mean by "stop." If the order has not yet been issued, you contest it. If the order has been issued, you take the necessary steps to have a hearing before the court, so that you can ask for the order to be modified or lifted.

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Answered on 5/01/13, 11:46 pm

Edward Hoffman Law Offices of Edward A. Hoffman

If the court hasn't yet decided whether to issue a permanent restraining order (in other words, if your court date hasn't arrived yet), you file a written opposition and you show up at the hearing with evidence and witnesses. You should have a lawyer prepare the documents and represent you in court, especially if the petitioner has one.

If the permanent order is already in place, you may still have time to appeal the decision. The order would remain in effect during the appeal.

Depending upon the facts, you may also be able to ask the court which issue the order to lift it, or at least to modify it. You would have to persuade the judge that the original justifications for the order don't justify it anymore.

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Answered on 5/02/13, 12:25 pm

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