Family courts throughout California issue restraining orders in many domestic violence cases. Those who are falsely accused of being domestic abusers can find some of their rights diminished as a result of restraining orders. Keeping a level head and understanding how to remove a restraining order is in your best interest.
Restraining orders can be complex
In domestic violence cases, a spouse may ask a judge to issue a restraining order. This helps to protect a spouse from threats of abuse or abuse by their partner. A restraining order tells the accused what they can’t do and things they must do by law. Some common examples of what they may not do include contacting their spouse, having any weapons in their possession or going near the couple’s pets or children. Some examples of what they may be ordered to do include paying certain bills, paying child support and moving out of the couple’s home.
How to get rid of a restraining order
When your spouse or former spouse makes a domestic violence accusation, a judge may grant a temporary restraining order. This order lasts until a former hearing is completed, which is usually 20 to 25 days on average. You will be notified when the court hearing is scheduled for the official restraining order.
If you don’t show up to the hearing, the judge will not have your side of the story. It’s likely that they may issue a restraining order. Your best bet is to show up to the court hearing and explain your side of the case. It’s possible to get the temporary restraining order dropped and not have an official restraining order filed against you.
Restraining orders are a legal way to order a person not to go near their spouse or former spouse. These orders are issued often in domestic violence cases where the threat of harm is real. If you’ve had a restraining order issued against you, it’s always advisable to seek legal counsel to fight your case.