Legal Question in Criminal Law in California

Re: How do i get a criminal restraining order lifted?

Thank you for your posted inquiry.

Once your husband pled guilty, he was placed on probation with certain terms, including the imposition of stay away orders. It is possible to go in and modify probation, but different courts have different procedures for doing so. Some courts require that the restrainor (you or your neighbor) attend a "personal empowerment program" (PEP) class, or a series of them, and others want to see a detailed declaration as to why the restraining order should be lifted.

If he pled guilty to something he did not do, which is suggested by your posting, then he should bring a motion to withdraw his plea. This must be done within certain time periods.

I hope that this information helps, but if you have any other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected], anytime. I�m happy to help in any way that I can.

Re: How do i get a criminal restraining order lifted?

Yes, he can possibly get the restraining order lifted, and get the charges and conviction dropped, with your cooperation in a motion to the court that admits you perjured yourself to convict an innocent man. You face certain risks, but under the circumstances, the Court probably will not seek to criminally charge you, as you are now doing the right thing. If you and your husband want to discuss the proceedures and costs, contact me.