Criminal Defense Q&A: How Do I Drop a Restraining Order after Working Things Out with My Ex?
Is it possible to terminate a restraining order to rekindle a relationship with an ex? Criminal defense attorney Michael J. Ocampo explores the options available.
Question:
How do I drop a restraining order? I put a restraining order on my ex boyfriend; it’s been over a year. Just recently we decided to work things out and try again. How do I drop the restraining order on him so he won’t get in trouble for being around me?
Answer:
You and your ex-boyfriend can file a written stipulation with the Court stating the reasons why the both of you feel that the restraining order is no longer necessary. After considering your stipulation, the Court will decide whether to terminate your restraining order. See Family Code §6345(a); Code of Civil Procedure §527.6(j)(1).
To be safe, you should enlist an attorney to assist you. If an attorney helped you get the restraining order to begin with, then the attorney should be able to help you file the stipulation. If you secured the restraining order by yourself, then you’ll want to seek an attorney who corresponds to the the type of court that issued the restraining order. Meaning that if the restraining order was issued by a family law court, then seek a family law attorney; if the restraining order was issued by a civil law court, then seek a civil law attorney.
Continue reading criminal defense attorney Michael J. Ocampo’s answer at Avvo: How do I drop a restraining order?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
