Legal Question in Family Law in California
Restraining Order Removal
I was served with a restraining order by my girlfriend of three years while I was in the hospital for mental health reasons. I did not dispute the order because I anticpated not ever seeing her again. The order has since been implemented and from what all documents state, the order is ''For Life''.
A year or so ago we reconciled and lived together again. I stipulated that prior to our seeing each other again, I would need the restraing order removed. She said she removed it and I thought all was well. We have since gone our seperate ways but I recently discovered that all was not well when attempting to get my pilots license. I discovered the order had not been removed and this is hindering my attaining a pilots license.
I would like to remove the restraining order myself so I can continue with my pilot instruction. I understand the dichotomy of this requesst but I have a proven record of no contact and I also have proof that the she was in clear and willing violation of the restraining order that she requested.
Any advice or suggestions would be appreciated.
2 Answers from Attorneys
Re: Restraining Order Removal
Trouble is that you violated the restraining order yourself!! However a defense would be fraud in that she told you that she removed it. I would file a petition to remove the restraining order!!
Re: Restraining Order Removal
it sounds like a good case, file the petition.
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