Legal Question in Family Law in California

I was granted a dv restraining order after my husband, while under the influence hit me. Him and I have a 7 mos old daughter together...Now he was arrested but no charges were filed against him... He ended up doing a 5 mos violation for a dirty test. Now he is out, and clean and sober. Him and I have both been talking to a mutual friend and we have both expressed that we would like to work out our marriage..And save our family from falling apart. .How do I go about dropping the restraining order. What is the easiest way to do it? He is clean now, for the first time ever he is actually admitting he had a problem and wants to change his life.,....


Asked on 7/31/10, 4:02 pm

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

Restraining orders can be withdrawn by a petition to the court. If you brought the original, it would be up to you to bring the motion to withdraw. I admire your resolve, but be careful that he does not fall back into the old pattern once the order is withdrawn. You might want to have a conditional withdrawal that allows you to very quickly re-instate the RO should he fall back. You can obtain the forms necessary to do this from your local county courthouse staff.

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Answered on 8/05/10, 4:18 pm


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