How do I drop a restraining order in California?
If a restraining order is to be removed, a person must freely and voluntarily request the modification by filing a petition with the clerk of the court that ordered it. The court hearing is set 10 days after the date of filing, at which both people mentioned in the restraining order must appear.
What is a mutual restraining order in a divorce?
A party that is divorced can request a restraining order if that party fears stalking, physical violence, or other potentially harmful contact from the ex-spouse. A mutual restraining order prohibits both parties from taking certain actions (such as attempting to contact or visit) regarding the other party.
Is there a time limit to file a restraining order?
Generally speaking, there is no deadline to file for a restraining order. If you feel your safety is in danger, contact law enforcement immediately. But, keep in mind that the earlier you request the order after a domestic violence incident or crime, the better.
Are restraining orders public record California?
Violating a restraining order does stay on a person’s record in California. Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order.