Modifying or Terminating a Domestic Violence Restraining Order

How to Change or Remove a Restraining Order in California

A Domestic Violence Restraining Order (DVRO) is a civil order issued by the Court to protect a person or persons when there are allegations of abuse or threats of abuse. A DVRO offers civil legal domestic violence protection to both women and men victims of domestic violence. The different types of domestic violence include, but are not limited to, sexual assault (sexual abuse), civil harassment, physical abuse (including any physical threat or bodily injury), verbal abuse, and control.

There are three types of domestic violence restraining orders:

1. Emergency Protective Order: An Emergency Protective Order can be obtained from a law enforcement agency upon response to your call to the police in the event of a domestic violence incident. These emergency orders last for five (5) business days or seven (7) calendar days — enough time to allow you to petition the court for a longer term order if necessary.
2. Temporary (Ex Parte) Restraining Order: If you are in immediate danger and need an order of protection right away, you can request a temporary (ex parte) restraining order, or TRO, which will be in effect for fifteen (15) days, or until a full hearing occurs, which is usually three (3) weeks from the date the temporary restraining order is granted. There are also Automatic Temporary Restraining Orders.
3. Restraining Order After Hearing: After a hearing is held, the court may grant a long-term restraining order, which can remain in effect for up to five (5) years, and which can be extended or renewed thereafter based on the presentation of additional evidence.

When Can You Modify or End a Restraining Order in CA?

A lot of people want to know how to lift a restraining order in California. After a restraining order is in place, you do have the ability to ask to modify (change) or terminate (end) the orders before they expire.

To modify or terminate any orders made by the Court in the long-term restraining order, you must file a request in Court before the date on which your restraining order expires.

You may ask the court to change or end any of the orders contained in the restraining order, including:

1. The restraining orders that protect persons from violence or threat of violence by others (i.e., no contact, stay-away, or move-away);
2. The list of persons protected by the orders;
3. Child custody, child visitation (parenting time), or child support orders; and
4. Spousal or domestic partner support orders.

How to Change or Terminate a Restraining Order in California

In order to ask the Court to modify a restraining order, or to cancel a restraining order altogether, you must:

1. Complete a Request for Order (Form FL-300) and other documents,
2. File the documents with the Court, and serve the Request for Order on the other party.
3. Submit your request for the Court order. Once it's submitted, the Court will provide your case with a hearing date to review your request to modify or terminate.

Be aware that the Court often looks at requests to modify or terminate restraining orders for domestic violence cases with some suspicion of the aggrieved party.

If you’re the protected person or party requesting to remove the restraining order, then the Court will ask questions to try to determine whether you’re still in danger or whether you’ve been improperly influenced to do so. If you’re the restrained party — most generally the abuser — requesting to lift the restraining order, then the Court will inquire of both parties to determine whether the restraining order is still necessary.

After the hearing, if the judge changes the restraining order, then you must fill out a new restraining order form which accurately memorializes the changed orders. If the judge terminates the restraining order, then you must complete the findings and order to terminate restraining order after hearing. Upon completion of these amended forms, you must personally serve the other party.

Our lawyers recommend looking over the DV 400-INFO form to make sure you've filled out the necessary forms for your DV case.

If any of the following documents are applicable, you may need to fill them out:

Changing Child Custody or Visitation Orders:

• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act - Form FL-105
• Custody and Visitations (Parenting Time) - Form FL-311
• Request for Child Abduction Prevention Orders - Form FL-312
• Children’s Holiday Schedule - Form FL-341(C)
• Physical Custody Attachment - Form FL-341(D)
• Joint Legal Custody Attachment - Form FL-341(E)

Changing Child and Spousal Support Orders:

• Current Income and Expense Declaration - Form FL-150.
• Simplified Financial Statement - Form FL-155 if you meet the requirements.

Witness List:

• Form FL-321

Get Help Modifying or Terminating a Restraining Order in Newport Beach

If you or someone you know is a victim of domestic violence and are contemplating requesting a modification or termination of your domestic violence protective order, long-term, or temporary restraining order, contact the experienced family law attorneys at Bremer Whyte Brown & O’Meara to discuss how best to prepare the necessary paperwork and to prepare for the hearing. Give us a call at 949-229-8546 to schedule a consultation for you or your loved one.