Also known as a protective order, A restraining order is tailored to offer safety from stalking, domestic violence, and sexual violence. The civil court-ordered protective order imposes numerous terms against the restrained party, including contacting the alleged victim. However, orders are not necessarily permanent, and either party can file a petition to lift the order once circumstances change. This article provides a comprehensive guide on how to request a cancellation effectively.

What is a Restraining Order?

Restraining orders are designed to protect victims from potential danger. The court grants protection to keep the restrained party from the alleged victim and could be prolonged if necessary.

While the restraining order procedure is victim-focused, the restrained party has certain rights, like the legal entitlement to receive a notice and the chance to have their say in an expedited court hearing, where proof for and against an order is submitted.

If the protected party fails to appear at the scheduled court hearing, the judge may proceed without their testimony. However, if the alleged victim fails to attend a scheduled hearing, the judge could grant the protective order long-term based on the failure to appear. If the protected party believes the order was issued unfairly, they may petition for a modification or appeal under applicable legal procedures.

Restraining Orders Purposes

Restraining orders aim to achieve the following:

  • Requiring the restrained party to keep away from the victim
  • Forbidding further abuse inflicted by the restrained party
  • Ensuring the safety of the victim once the court grants the order
  • Offering prompt protection to the victims and their family members
  • Restricting any communication between the involved parties

Restraining orders aim to protect people from various forms of abuse, beyond physical abuse. Restraining orders regard intimidation and harassment as abuse.

Types of Restraining Orders

Different types of protection orders include the following:

  • Emergency protective orders — A judge can issue the order after a law enforcement officer makes a request at any time of the day in a domestic violence case if the law enforcer believes the individual to be protected is in immediate and present domestic violence danger based on the accusations of a recent abuse incident or threats of abuse by the individual against whom the order is sought.  Judges grant EPOs without notice, and they typically last between 5 to 7 days, depending on jurisdiction.
  • Temporary restraining order — A TRO is a short-term court order that lasts until a hearing is held to determine whether the judge should grant a permanent protective order. The TRO aims to provide the alleged victim with immediate protection during the process of determining whether more long-term restrictions on the restrained party are necessary and reasonable for the victim’s safety.
  • Permanent restraining order — This is the most severe form and carries the most severe consequences. If the restrained party will not leave the victim alone, the victim can petition a judge to issue a permanent restraining order. However, the person seeking protection must meet specific prerequisites before a judge listens to their side of the story.

Who Can Cancel the Protective Order?

Lifting or removing a restraining order implies the protective order would no longer be effective. Sometimes, a protective order automatically lifts itself after the court-imposed duration expires. This is true with temporary protective orders. In the case of a permanent restraining order, you need court approval to cancel it. The process varies depending on the party requesting the cancellation of the order.

 If you requested a protective order against somebody else but now want to lift it, you should file a petition to cancel it. Even with you, the alleged victim, requesting the lift, the judge can reject your request and keep the protective order effective, mainly if they believe you are unsafe.

If you are the restrained party and want the order lifted, you should present compelling arguments and grounds to the judge for why you want the protective order canceled. It is more challenging to remove an effective order than a pending order.

Protective Orders that Can be Canceled

The different types of orders that can be canceled include the following:

  • Civil harassment orders — A judge issues a civil harassment order when a person is causing another person physical harm, making severe threats, or engaging in conduct that causes the alleged victim emotional harm, including repeatedly contacting the victim with disturbing and offensive messages and stalking. The order offers protection against a person with whom the victim does not necessarily have a close relationship. It can be a neighbor, roommate, acquaintance, or distant relative, like aunts, cousins, uncles, nephews, or nieces.
  • Domestic violence orders — The order offers protection against an individual with whom the victim has a close relationship. It can be an immediate relative, domestic partner, spouse, a person you are dating, or your child’s other parent. Emotional and psychological abuse is prevalent in domestic violence cases due to the close relationship between the parties. Victims feel they are under the control of the abuser since they share personal property, a home, and financial resources with their abuser.
  • Elder abuse orders — The court grants the order to stop a person who is neglecting or abusing a dependent or elderly adult. Abuse can be financial, physical, or emotional and can occur anywhere, including online. The order can involve stopping the dependent or elderly adult from accessing basic needs or money or isolating them from loved ones.
  • School violence orders — A school violence order seeks to deter threats of violence or violence against a student or students of private postsecondary schools. The court can grant the order if the perpetrator is likely to execute the threat of violence on the school’s campus. A school official requests the order.
  • Workplace violence orders — An employer can request this type of order to safeguard their employees from an individual who has been stalking, harassing, threatening, or being violent at their workplace.
  • Gun violence restraining orders (GVROs) are issued by a judge when law enforcement, family members, or household members present evidence that an individual poses a danger to themselves or others with a firearm. The order can halt that individual from owning or purchasing a gun. However, restraining does not order them to keep away from anyone.

Factors the Judge Considers When Reviewing a Request for Termination of a Protective Order

The court will consider specific factors when deciding whether to dismiss your order. These factors include the following:

  • If the restrained party tested positive for drugs or alcohol
  • The parties involved in the relationship
  • Whether the protected party is still afraid of the restrained party (the protected party’s safety)
  • Whether the restrained party has been found of any contempt in court for breaching the order
  • Whether the restrained party has undergone any form of self-improvement courses, like anger management, domestic violence counseling, or sex offender treatment
  • Whether the restrained party has committed other violent acts
  • Whether the protected party’s safety is based on the protective order remaining effective
  • The degree of harm the restrained party has incurred due to the restraining order
  • The last occurrence of threat of abuse or harm against the protected individual

Reasons for Canceling a Restraining Order

Following the issuance of a restraining order, circumstances could change, requiring a cancellation. Common reasons may include:

  • Successful counseling or rehabilitation — If the restrained party has undergone treatment, counseling, or has demonstrated long-term reformation in conduct, the protected individual might feel the protective order is unnecessary.
  • Reconciliation or repaired relationship — If the parties involved reconcile or think they can resume communication without fearing for their safety, the protected party may request the cancelation of the restraining order.
  • Challenges with enforcement — Sometimes, it can be challenging to abide by the restraining order, particularly if the involved parties believe the order has negatively impacted their daily routine.
  • New protective steps — In some cases, the victim feels the threat of harm from the restrained party has lessened due to implementing protective measures, like increasing their security, relocating, or obtaining an alternative support network.
  • Emotional healing or passing of significant time — In some instances, following a time of healing or separation, the protected person might perceive they are safe and decide to proceed without the restraining order, especially if the parties involved implement proper boundaries.
  • Child or family welfare reasons — If children are involved, one parent can feel that lifting the order could facilitate joint custody, enhance co-parenting, or lessen stress on their children.
  • Court evaluation and analysis — Courts periodically analyze protective orders to assess their continued necessity. If, after the review, the judge determines that the circumstances no longer warrant the order, they can lift or modify it.
  • False accusations or confusion — A protective order is unnecessary if it stems from misunderstandings or false accusations.
  • The protected party’s voluntary request — Sometimes, the person who acquired the protective order can request the court drop it if they believe the threats of violence have reduced or they no longer require the protection the order provides.

Potential Risks of Dismissing a Protective Order

Dismissing a protection order may involve several potential risks, and you should review them carefully before filing a dismissal. These risks include the following:

  • Immediate loss of police protection — Protective orders offer a clear legal ground for law enforcement intervention should the restrained party try to contact or become aggressive with the victim. Without the restraining order, police officers could have less authority to respond promptly or effectively.
  • Increased risk of abuse — Lifting legal protection can heighten the potential threat of violence if the restrained party has not transformed or returned to the abusive behavior. The legal redress for future threats or violations is limited without the restraining order.
  • Preventative deterrent loss — The protective order is an effective deterrent, preventing the restrained party from making threats or engaging in abusive behavior. Following lifting the protective order, the restrained party could feel liberated to attempt communication or overstep boundaries.
  • Legal and monetary risks — If the restrained party resumes harassing or abusive conduct following the dismissal of the order, seeking new legal measures may be challenging and expensive. The process of obtaining another protective order or pursuing legal action can be emotionally draining and financially burdensome.
  • Psychological and emotional impact — Even though the respondent may seem nonthreatening, an effective protective order could provide a sense of safety. Lifting it could result in increased emotional stress and fear, especially when insecurity feelings creep in.
  • Impact on family members and children — Dismissing a protective order could place family members or children in danger if the court order conditions previously shielded them. Children can also be affected psychologically if they feel increased tension or the abusive behaviors return.
  • Misjudging the situation — Sometimes, people dismiss a protective order because they believe the respondent has reformed, only for similar issues to reoccur.

If you are considering dismissing a protective order, contacting an attorney will assist you in evaluating potential risks and implementing alternative safety actions if required.

A Comprehensive Guide on How to Cancel a Protective Order

The steps of dismissing include the following:

Creating Court Papers to Dismiss the Restraining Order

The restrained party or protected person should file Form FL-300 to request the judge to dismiss the protective order.

Filing the Relevant Paperwork with the Court

Filing involves the following:

  • Officially presenting the case papers to the clerk at the courthouse
  • The clerk will review and confirm the accuracy of the information in your forms
  • The clerk will then enter the case’s information in the court’s database and assign a case number

You can file your petition to dismiss a restraining order through any of the following methods:

  • In-person at the courthouse — Courthouses accept forms submitted in-person at court hours; they have a one-hour lunch break. Ensure you submit three copies of the case documents. The clerk will evaluate the documents to check whether you have filled out the papers accurately before officially entering the information into the court’s database and stamping them. That procedure is what's known as filing.
  • Online — Filing the documents with the courthouse online is an effective option for someone with an email address and basic computer use skills, like creating an email address and uploading files. Some counties have several online portals where an individual can open an account at no charge, upload papers, and click send. Please note that you might need to pay an online service charge.
  • Through another individual — Some counties allow filing through a legal courier or friend. These legal couriers charge an hourly fee to file the papers with the court.

Serve the Order to End the Restraining Order

You cannot serve the papers yourself. You can ask the sheriff to serve the order; they will do it free of charge. You can also engage a skilled process server. If you want a person you know to serve the paper, they should be over 18 and not a party in your case.

Ensure you give the server a copy of Form DV-330. They will deliver it to the other person. After the server delivers your paper, they should complete a signed proof of service form. If they served the order personally and mailed it, they should complete and sign the Proof of Personal Service and Proof of Service by Mail, respectively. 

Make a copy of the proof of service and take the copy and the original to the clerk for filing.

Remember to keep a copy for yourself. It is proof the other person is aware of the court order.

Court Hearing

The judge overseeing your case will schedule a court hearing where they will determine whether to end or change your restraining order.

Proper preparation for the court hearing can increase your chance of obtaining a favorable case outcome. Some of the things you can consider doing are as follows:

  • Carrying copies of court papers, including your copy of a Proof of Service
  • Notes of everything you want to say — You should plan and take notes regarding what you plan to tell the judge in court. To make the notes, read your court paperwork thoroughly and write everything you desire the court to know.
  • Bring copies of proof — If you have proof to support your evidence, carry it to the court. If you have emails, photos, or text messages, print them out and make three copies. One copy is yours, one is for the other party, and the other is for the judge.

Typically, the party requesting the protective order canceling will speak first. Irrespective of who speaks first, all parties will have an opportunity to talk. When it is your turn to talk, tell the court the facts supporting your position. You can use your notes and bring in witnesses or proof supporting your case facts.

The judge will hear every party before deciding whether to grant or deny the request. The court will decide on that day. However, it can order you to return another day if it requires more details.

After the judge decides, they should sign the court order. While in some jurisdictions, court personnel will do it, a lawyer representing either party will prepare the court order in others. When preparing the order, complete an order form and submit it to the clerk for the judge to sign. If another person prepared the order, analyze it carefully to ensure it has everything the court ordered.

Finally, get a copy of your latest order. You can acquire it from the clerk.

If the other party is not in court, you must have a copy of the order served to them.

The Restrained Individual Can Request to Lift  a Protective Order

You, the restrained individual, can file several motions to modify or dismiss a protective order. However, protections and limitations exist to avoid misusing the California legal system. The section below discusses how it works:

Court Restrictions and Discretion on Repeated Motions

The judge will review your motion to modify or dismiss a restraining order once you file it. The judge will look for harassment patterns and can deny the motion if they believe you intend to torment the protected individual.

If you bring repeated, unsubstantial motions, the court can warn or restrict your capability to continue bringing motions. Sometimes, judges sanction restrained people for filing harassing or frivolous motions.

Anti-Harassment Action

If there is extreme harassment through repeated petition filings, the alleged victim can request the court to restrict or limit the restrained party from bringing petitions without court approval.

 After abusing the California legal system, the court can designate you as a vexatious litigant. The designation restricts your ability to bring new lawsuits or motions without court approval, which can safeguard the protected person from harassment via constant filings.

Legal Advocacy and Representation

The protected person can engage a lawyer to respond to the petitions. If the alleged victim believes you are harassing them through the filings, the lawyer can request the court to impose stronger protections.

The lawyer can help you collect more evidence and documentation of harassment. They can also help the protected person navigate the complicated legal process, especially if the repeated motions overwhelm them.

Protection for the Alleged Victim

Generally, the protective orders remain effective while petitions to modify or cancel are pending, protecting the victim from changes in protection.

If the judge discovers that your repeated motions are purposed to burden or harass the protected person, they can order you to reimburse the legal costs or fees the protected person has incurred.

Finding an Expert Restraining Order Attorney Near Me

A restraining order is a vital tool for protecting a person from harm, but there are circumstances under which it can be dropped, canceled, or lifted. Since decisions regarding restraining orders must prioritize the well-being and safety of all involved parties, you need a legal professional to improve your odds of prevailing in the petition to dismiss a restraining order and avoid making mistakes.

Goldman Flores Restraining Order Law Firm can guide you through the complicated process, evaluate your case’s merit, present convincing proof with strong legal arguments, fight for your interests before the judge, and ensure every party’s rights are protected. Please contact our California office at 213-341-4087 to book your confidential consultation and for expert advice and professional assistance.