Legal Question in Criminal Law in California

modify a Domestic Violence restraining order

How do I modify a DV court ordered

restraining order? I was told I had to do

it and can't find any help? I'm sure

there is paper work, 5 days notice to

DA, date to see the judge. I am in

Orange County CA


Asked on 4/01/09, 11:41 pm

2 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: modify a Domestic Violence restraining order

Tough to do it yourself without a lawyer. You will need to write a motion, put it on court's calendar, serve it on the DA and be able to make your argument. The court will not modify the order simply because you are asking for it. You must have good grounds.

It is either you working by yourself with the help of the court clerk who might or might not be useful to you in guiding you through the process - or hire a lawyer. If this is indeed important to you, I would suggest you do not take any chances and retain one.

The rules on how you put your matter on calendar and timelines for service, etc., will vary from court to court.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 4/02/09, 2:41 am
Terry A. Nelson Nelson & Lawless

Re: modify a Domestic Violence restraining order

By properly prepared and drafted, legally and factually supported, persuasively argued, noticed and served motion, sufficient to convince a judge to grant it. That requires knowledge and application of the court rules, laws and required grounds for doing so. It is custom drafted, not a 'form' you fill out. You could go to the law library and start doing research on the rules and laws. Or, if this is in SoCal courts, and if you are serious about getting legal help doing so, feel free to contact me.

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Answered on 4/02/09, 1:27 pm


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