Criminal Defense Q&A: How Do I Drop a Restraining Order in California?
Can you cancel a restraining order after the all the time and effort you put in to get it?
Question:
I want to drop the restraining order from my ex boyfriend. There was no violence but just arguments; it was just an misunderstanding. Can I get in trouble for not showing up to court for the restraining order? Can I drop it?
Answer:
In order to drop the restraining order, you, the alleged victim, have to come to court.
If you don’t come to come court, the restraining order will remain in effect. This means that your ex-boyfriend will be violating the restraining order whenever he sees you, even if you invite him to come see you. This is because only the Court can modify a restraining order, not the alleged victim. See Penal Code §13710(b).
Note: Violation of a restraining order is a misdemeanor and is punishable by up to 1 year in jail, up to a $1,000 fine, or both jail time and the fine. Penal Code §§273.6(a), (c); 166(a)(4), (c)(1).
As for how you can drop the restraining order, 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. Or you can simply tell the Court why you want the restraining order dropped. After considering your stipulation / request, 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 or make the request on your behalf. 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: I want to drop the restraining order against my boyfriend.
Learn more about domestic violence.
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.
