Can I Terminate or Modify My Restraining Order Early?
Yes, if you are the person protected by the order or the person restrained by the order you can request to either modify or terminate any of the orders made by the court in the Restraining Order After Hearing (CLETS – OAH). To request either a modification or termination, you must file a request in court before the date that the Restraining Order expires.
What Should I Consider Before Terminating My Restraining Order?
If you are the person protected by the restraining order, you should first thoroughly think about why you want to end the restraining order. If the court grants your request to terminate the restraining order, it cannot be re-established without going through the process of filing a new restraining order request. Additionally, you will no longer be protected by the restraining order and will lose the ability to have the defendant arrested for violating the order.
What Orders can be Modified or Terminated?
A party may ask the court to modify or terminate any of the orders made on form DV-130 for a Domestic Violence Restraining Order, or made on form CHRO-130 for a Civil Harassment Restraining Order, including:
- The restraining orders that protect persons from violence or threat of violence by others (e.g., no contact, stay-away, move-out, recording of unlawful communication orders, etc.).
- The list of persons protected by the orders;
- Child custody, child visitation (parenting time) or child support orders, and
- Spousal or domestic partner support orders.
If I Terminate My Restraining Order, does that Terminate Child Custody, Child Visitation, or Support Orders?
If the court grants your request to terminate a restraining order, any child custody, child visitation or support orders will remain in effect unless the court specifically modifies or terminates those orders.
Are you seeking an early termination or a modification to an existing restraining order?
Our attorneys at the Law Office of Benjamin Kanani are experienced in handling restraining order modifications and termination and work diligently to ensure the best possible outcome for our clients. Contact our office today for a free consultation!
(310) 593-9592