Legal Question in Criminal Law in California

Is it possible to get a criminal restraind order lifted? I filed 1 in 2003 against my boyfriend, he then violated it. I went to court and they issued a 10 year res. order. I have since reconciled my differences with him. I tried to get it lifted, but the cleark told me to go to cimminal clearks office. Is it even going to be possible to get this lifted due to it being crimanal? Please forgive my grammer.

Asked on 9/30/09, 4:41 pm

2 Answers from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

Your post was perfectly clear. Yes, it is possible to get the order lifted. You need to contact the District Attorney's Office and ask them to put the case on calendar for that purpose. The judge has to consider that and act upon the request in court. I take it that in the past few years he has mended his ways and there have been no further incidents? If there have been any repeats, it might be wise to have the order amended to a "peaceful contact" order only. That means you can still see him, but he's looking at jail if he ever turns violent. That would be my recommendation. If he objects, ask him why? Since he has no intention of ever hitting, choking, or pushing you, why would be object?

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Answered on 9/30/09, 7:03 pm

Terry A. Nelson Nelson & Lawless

Lifted, meaning canceled as to enforcement? Yes. However, it stays on his record 'forever'.

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Answered on 9/30/09, 8:26 pm

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