Getting a restraing order dropped

[hlizzie]

What is the name of your state? California
Is there any way to get a restraing order dropped if both parties want it dropped - it was made by the police or DA... what can we do- at the arraingment the DA asked the court to issue a restrainging order- for a year.... but the person it is protecting doesn't want it- please help

 

[CdwJava]

What is the name of your state? California
Is there any way to get a restraing order dropped if both parties want it dropped - it was made by the police or DA... what can we do- at the arraingment the DA asked the court to issue a restrainging order- for a year.... but the person it is protecting doesn't want it- please help

It's probably a Criminal protective Order issued by the court after a conviction to protect the victim in a domestic violence incident.

I rarely see the courts drop those. Unless the victim wants to argue that they made the whole accusation up and the crime was never committed, the chances of it being dropped are slim. Though the protected party MIGHT be able to persuade and attorney to petition the court to get it dropped, I would be willing to put lots of money on the odds that it will not be dropped.

- Carl

 

[hlizzie]

restraing order

California - don't you have to be found guilty by a court of law for it to be a convitcion?- i have yet to have that happen - the restrainging order is for a year and neither of us want it...

 

[stephenk]

Of course the defendant wants it dropped. What is your reason to stay in contact with the person who assaulted you? Remember, you called the police for protection from this person. Now you want no protection?

 

[smorr]

If the court issued a restraining order because of information they got from the police department against this person, then there was reason to believe that you were being placed in a position of imminent harm. This is the only reason why they'd go so far as to issue an order like that. They are manditory for one year now.. different from a few years ago, when you had the chance to drop it after a couple months (at least in Massachusetts you could, now it's the same - one year manditory). So, why was the police called in the first place and who called them? Yeah, you could argue that you didn't request the restraining order, but you'd have to make yourself look like a liar and that you made up the story. Bad idea since if this happens again, your 'story' this time may not be so believable.