How Can an Order of Protection be Reversed in California?

Protective orders can be requested by a police officer (Emergency Protective Order), a judge (Criminal Protective Order), a victim of domestic abuse, stalking, harassment, etc. (restraining order), or in some cases of divorce to protect assets (Automatic Temporary Restraining Order). If you have an order of protection against you in the state of California, you have the option to request modifications or dissolution to that order if you so choose. Usually, you will need to present evidence in court to support your request. The following guide outlines the steps you need to take.

File a Request to Modify or Dissolve

If you want to change any of the terms of an existing order of protection (e.g., modifying parental visitation rights) or if you want the court to dissolve or dismiss the order completely, you would file a request with the court. Once you have filed your request, the court will schedule a hearing to provide you the opportunity to present evidence to support your request. 

Provide Supporting Evidence

As with any other court case, you will need to gather and provide evidence supporting the need for a modification or dismissal of your order of protection. Witness statements, financial documents, texts, emails, doctor’s notes, etc. can all be used to show that circumstances have changed and the relationship has improved to the point where protection is no longer needed.

Attend the Hearing

It is very important to attend the hearing and provide your evidence to the judge in person. Both sides involved in the order of protection should be present. Based on the evidence, the judge will:

• Modify the terms of the order as requested
• Dismiss the order, which effectively reverses, dissolves, or lifts it, or
• Deny the request, if the court finds that the order is still necessary for safety or other reasons

If your request is denied, you may choose to appeal the decision, however, the appeals process can be complicated, time-consuming, and expensive.

Other Considerations

The family court will always prioritize the safety of the protected party when considering a request to modify or reverse an order of protection. Orders of protection only remain valid for a set amount of time (as little as a few weeks to as much as five years), but the protected party can request that the order of protection be extended as necessary. On the other hand, in some cases, the court might agree to end or modify the order earlier than the stated time frame, if the evidence supports it.

Consult With Family Law Experts for Help

Family law can be complicated, but you don’t have to do it alone. If you are considering requesting a change to, or reversal of, a current order or protection, get a free consultation from the family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law). We have decades of experience helping our clients navigate the California family law court system, including working with restraining orders of all kinds. Let us help protect your rights. 

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.