Legal Question in Family Law in California

domestic violence

if a man was accused of domestic violence, but the DA chose not to prosecute, can a restraining order based on this case still stand? How does the restrained party go about getting the order removed, if possible, as it is detremental to a child custody case.


Asked on 3/13/08, 8:21 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: domestic violence

the restraining order can only be set-aside by the judge.

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Answered on 3/13/08, 11:22 pm


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