Restraining orders, also called protective orders, refer to court orders granted in various cases exhibiting danger. These cases include those of harassment, stalking, or abuse in various ways from an ex or current relative or lover, a neighbor, a colleague, or even a caregiver.

A protective order requires the abuser to stop contacting the protected party and stay a particular distance away from them. However, circumstances may change, or there may be a change of mind after a judge issues this order, and the order may no longer be necessary. In that case, the protected party may need to cancel it. This blog discusses how you can lift, cancel, remove, or drop a restraining order if you had initiated one against someone.

How to Lift, Cancel, Remove, or Drop a Protective Order

Terminating a protective order you had requested is a process that entails several legal steps and is similar to a request for dismissal from the restrained party. Here are the steps:

  1. Reaching Out to The Court

The first step is to contact the court where you filed the protective order. The court can provide you with the necessary instructions and forms to fill out. The following are the forms you must file based on the type of restraining order you seek to terminate.

  • To cancel a domestic abuse restraining order, you will need to fill out form DV-300, Request to Change or End Restraining Order. You will also have to complete form FL-300, the Request for Order.
  • To cancel a civil harassment restraining order, you will complete Form CH-600, Request to Modify/Terminate Civil Harassment Restraining Order.
  • If you wish to terminate a workplace violence restraining order, you will complete Form WV-600, Request to Terminate/Modify Workplace Violence Restraining Order.
  • To terminate an elder or dependent adult abuse protective order, you will need to complete Form EA-600, Request to Modify/Terminate Elder or Dependent Adult Abuse Restraining Order.

You will complete one of the above and any other necessary forms, then file them in court alongside a Notice of Hearing on Request to Modify/Terminate a Restraining Order.

  1. Filing the Paperwork with the Court

Sub,itting the paperwork in court is a process that entails these steps:

  • Official submission of the documents related to the case to the court clerk’s office
  • The clerk’s review and verification of the forms’ correctness and whether the required details are complete
  • The clerk stamps the documentation, feeds your case in the court's database, and assigns the case number.

In California, filing generally occurs at the Superior Court in the county where you reside or the abuse happened. If, for example, you reside in Los Angeles, then the filing will happen at the Superior Court of California, County of Los Angeles. Consult an attorney if your case is unusual; for example, if the culprit is abroad or you are abroad and the culprit is in the state.

  1. Serving the Restraining Party (If Necessary)

When one person initiates a restraining order case, they must officially serve or inform the other person by delivering them the court papers. This is known as serving the defendnant. Per California laws, there are several ways to serve the other individual.

Method 1: Request the Sheriff to Serve the Papers (Free of Charge)

A marshal or sheriff can deliver the papers to the respondent on your behalf. This would be a significant help. The marshals or sheriffs offer this service free of charge. To request the sheriff's help serving the papers, you should have the location or address of the respondent. If the respondent is sering a jail term, the sheriff or marshal can serve the papers there. If they are in state prison, prison staff will serve the papers for you, not the sheriff.

Method 2: Ask a Relative, Friend, or Any Grownup (Free of Charge)

You can request somebody you know to serve the papers, provided they are 18 years or above and not a party to the case. Think of safety when selecting your server.

Method 3: Retain a Process Server (Courier for Legal Papers)

You could also retain a courier known as a professional process server to serve the papers for you. You could search on Google or Yelp to obtain options closest to you. You cannot retain regular couriers like the United States Postal Service, FedEx, or UPS, except in cases where the court judge approves service via mail.

Remember, you cannot serve your papers yourself.

  1. Attending a Hearing During Which a Judge Decides

After filing and serving the necessary forms to the restrained party, the court may schedule a proceeding to review your request. During this hearing, the judge will give you a platform to explain why you wish to drop the protective order. You want to attend the proceedings and be ready to give your reasons. Some of the common valid reasons to drop a protective order under California law include the following:

  • Emotional healing or the passing of time. After healing or separating for some time, you might feel safe and like moving ahead without the protective order. That is especially so if you and the abuser have established boundaries. In that case, you can cancel the protective order.
  • Burden of enforcement. Some individuals find it stressful or challenging to maintain a protective order. That is particularly so if they are often involved in police calls or court proceedings or feel it adversely impacts their daily life. If that is the case, you request the order’s cancellation.
  • Child or family welfare reasons. If children are involved, you can terminate the order if doing so will assist in improving co-parenting dynamics, facilitating shared custody, or reducing stress on the children.
  • New protective measures. You may no longer feel at risk due to taking other protective measures like enhancing your security, relocating, or securing another support system. In that case, you can move to cancel the restraining order against the abuser.
  • Counseling or changed behavior. If the abuser has undergone treatment, counseling, or exhibited long-term changes in conduct, you might feel the restraining order is not necessary anymore.
  • An improved relationship or a reconciliation. If you have reconciled with the restrained party or believe you can safely start contacting each other again without fearing harm, you may request the court to cancel the order.
  • A misunderstanding or false allegations. If you based the order on false accusations or misunderstandings, you may want the court to cancel it.

You should tell the judge if you and the restrained party have already reconciled or believe there are no longer threats of harm or harassment. You can also submit evidence like communication between the restrained party and you, proving it is unnecessary for a protective order.

  1. Submit Evidence

Like in the past cases, evidence contributes significantly to a judge's decision. Submit evidence that circumstances have changed or you have changed your mind since the court first issued the restraining order. This may include:

  • Documentation showing that the matter has been resolved or calmed down
  • Testimony or statements proving the restrained individual no longer poses a threat.
  • Counseling records and other evidence supporting a safe surrounding

You can also present evidence of anger management or counseling. For example, say that you filed the protective order due to ongoing matters such as substance abuse or uncontrollable anger. In that case, evidence of counseling or anger management might help prove that the restrained party addressed these matters, for example, by attending counseling therapy. This can prove to the court that the underlying problems have already been addressed.

When reviewing your request, the judge will consider different factors before rendering their ruling. How the judge views your request will substantially depend on the submitted evidence.

Should the judge determine the evidence supports the removal of a protective order and that the involved parties are safe, they might choose to cancel the order. On the contrary, if they find you have harassment or abuse claims or there is still unresolved risk, they may keep the protective order intact or extend it.

If the judge approves the cancellation, the protective order will be terminated. You must then complete forms for the finding and order to end a protective order after a hearing. After filling out these amended forms, you must serve the other party in person.

The process of terminating a protective order takes just a few weeks. Note that restrained parties can also request to terminate a protective order before it expires. However, there are established protections and limitations against repeated multiple filings to prevent the misuse of the legal system. If you are the abuser requesting to terminate the protective order, the judge will inquire of both involved parties to establish whether the protective order should still be in place.

Understand the Risks of Removing a Protective Order

Dropping a protective order can have several risks, which you must consider before proceeding. Some possible risks of canceling a protective order include the following:

  • There is a loss of a preventive deterrent. The protective order itself can act as a deterrent, discouraging the abuser from acting on their threats. Without it, the abuser may believe they are freer to attempt contact or test boundaries.
  • Cancellation provides a false sense of security. Sometimes victims cancel a protective order due to the belief that the abuser has changed, only later to experience the same problems. This false sense of security might put your life in danger if the abuser goes back to their prior behaviors.
  • There are financial and legal risks. Should the abuser reengage in harassing or abusive conduct after lifting the order, pursuing another legal action may be costly and challenging. Obtaining another protective order or undergoing more legal proceedings can be emotionally draining and time-consuming.
  • The impact on family members and the children. Canceling a protective order may put children and other family members at risk if the terms of the order previously protected them. Children might also feel the psychological effects if they sense increased tension or if previous conduct resumes.
  • It leads to psychological and physical impact. Even if the abuser seems not to be a threat, the existence of a protective order can provide a sense of control and safety. Canceling it may result in increased emotional strain, fear, or stress if feelings of insecurity come back.
  • There is a loss of imminent police support. Protective orders provide an explicit legal foundation for intervention by the police if the abuser tries to behave aggressively or contact you. If the order is not in place, the police might have less power to respond effectively or quickly.
  • There is increased susceptibility to abuse or harassment. Removing a restraining order might intensify the likelihood of harm or harassment. That is particularly so if the abuser has not genuinely changed their conduct or may fall back into their abusive behaviors. If the order is not in place, there is limited legal recourse for any resulting threats or violations.

If you are considering terminating a protective order, consulting an attorney can assist you in evaluating risks and planning alternative safety measures, if necessary.

Find a Competent Restraining Order Attorney Near Me

You must pay careful attention to detail when seeking to terminate a restraining order to navigate the legal process successfully. In every case, the judge must weigh the well-being and safety of the involved parties. If you do not understand the aspects of the termination process, it is essential to seek professional legal help. California law provides clear avenues regarding canceling a protective order. Still, it is crucial to approach the process knowing your legal options and the steps you must follow.

At the Goldman Flores Restraining Order Law Firm, we boast lawyers who can help you with all your restraining order needs. Whether you need to request, cancel, or modify, you can always come to us regardless of where you are in California. We will help you prepare the necessary paperwork and the hearing to maximize the chances for the best possible outcome. We will also help you gather and present the most compelling evidence. Call us at 213-341-4087 to set up a complimentary consultation.