Legal Question in Criminal Law in California

Can the initiator of a domestic violence restraining order's invalidate the orde

My friend's girlfriend got a restraining order against him.

She doesn't hold to the stay away order. In fact she lives with him. She won't leave. He's told her to leave several times. He made the mistake of trying to help her. They have a child together. He probably feels

obligated to her. Their child was taken from them when they got arrested for possesion of drugs. They have a drug case together and are both on probation for that. He's on probation also for his violating the protective order to prevent domestic violence

several times. He doesn't want to call the police on her or probably can't get a restraining order against her.


Asked on 6/25/04, 2:17 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can the initiator of a domestic violence restraining order's invalidate the

Thank you for your posting.

To answer your basic question, yes. The petitioner involved in a restraining order can go to court, and to the satisfaction of the judge, request modification of any existing restraining order terms.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Read more
Answered on 6/25/04, 4:59 pm


Related Questions & Answers

More Criminal Law questions and answers in California