Often, a person may be involved in legal proceedings that can be both time-consuming and stressful. One such proceeding is getting a restraining order against someone or being served with one. While restraining orders provide legal protections for those in harm’s way, sometimes those orders may be placed against individuals who do not deserve them. In situations like these, knowing the proper steps to take to dissolve the restraining order can be challenging. This blog post will discuss dissolving a restraining order in California.
What is a Restraining Order in California, and How Can it be Dissolved?
In California, a restraining order is a legal document that prohibits an individual (the restrained party) from having any contact with another individual (the protected party) for a specified time. Restraining orders exist to provide legal protection for victims of domestic violence, stalking, or harassment. To dissolve a restraining order, you will need to consider the options that are available to you.
The Types of Dispositions Available for Dissolving a Restraining Order
There are two types of dispositions available for dissolving a restraining order. The first is a dismissal, where the protected party requests to lift the restraining order. The second is a motion to modify or dissolve, where the restrained party requests to lift the order. To succeed with either option, it is best to hire a California restraining order attorney to guide you through the process.
How to File an Application to Dissolve a Restraining Order
When dissolving a restraining order, the process may seem daunting at first. However, it is essential to know that it is possible to dissolve the order by filing an application with the court. This application must include the reasons why the restraining order should be dissolved. Once the court receives the application, it will decide based on the evidence presented.
How the Court Decides Whether or Not to Grant a Motion to Dismiss a Restraining Order
The court will consider several factors when granting a motion to dismiss a restraining order. Firstly, they will consider why the restraining order was granted in the first place. They will also consider any evidence that supports the request to modify or dissolve the order. If the evidence presented is convincing enough, the court may grant the motion to dismiss the restraining order.
Common Mistakes That People Make When Trying to Dissolve a Restraining Order in California
Due to the sensitive nature of restraining orders, it is essential to handle them with care. Unfortunately, some people may make common mistakes when dissolving a restraining order. Some of these mistakes include failing to gather enough evidence to support the request to dissolve the order or demonstrating to the court that they pose no threat to the protected party.
When dissolving a restraining order in California, it is best to hire an attorney with experience handling these cases. At the Law Offices of Judy L. Burger, we are committed to providing our clients with the legal protections they need. We understand the stress and anxiety that comes with legal proceedings, which is why we work hard to make the process as stress-free as possible for our clients. Contact us today to schedule a consultation.