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  1. #1
    eanddtaylor Guest

    Question How do you get a restraining order taken off?

    What is the name of your state? California

    I have done some research and havn't been able to find out what needs to be done to get a restraining order taken off. My Mother in law got one against my husband and now wants to be able to see us again. She says that she has been at court trying to get it taken off but i don't believe her that it could be that hard. What are the steps? She filed it on her own with no attorney or anything. it got done feb of this year and it was granted for 3years as she wanted. thank in advance!
  2. #2
    stephenk is offline Senior Member
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    Too bad for mom in law. Why did she seek the RO in the first place? She must have made serious accusations in order to get a 3 year order.

    The courts dont like people who waste their time asking for restraining orders and then a few days/months later come back saying everything is okay.

    If your mom in law decides to come over while your hubby is home, your hubby is the one that is going to jail, not her. If the RO is a mutual stay away order, both of them can be sent to jail.
  3. #3
    eanddtaylor Guest
    Yes, she made VERY serious accusations that were FALSE.

    The judge said that she could get from 3months-4years for the RO and so she said 3years. SHE wants him to call her but he doesn't. It is just against him, I don't think she will be in trouble if she goes near him.

    How long/what is the process to get it taken off? I totally understand that the courts hate people like her that lie to get their way.

    "If your mom in law decides to come over while your hubby is home, your hubby is the one that is going to jail, not her." she wants to be able to come over but him stay away from her place and work, but she can't have her cake and eat it too! Even when/if she gets it taken off, i wont let her see me or my kids. She has shown her true personality!

    Someone please let me know what the process is to get it taken off. THanks!!!!
  4. #4
    stephenk is offline Senior Member
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    This is your husband's mother? Why do you want to help her so much?

    let her pay for an attorney and try and get it removed. she will need to come up with some pretty large reasons why circumstances have changed after only a few months.
  5. #5
    eanddtaylor Guest
    Yes this is my husbands mother and NO I don't want to help her. She just is wanting it removed so she can see my kids but either way she is NOT cause she really needs some serious mental health help. It's good to hear it is NOT easy to get it taken off! Hopefully she will tell them she LIED about the reason for wanting one! Thanks for your help! Denise


    Originally posted by stephenk
    This is your husband's mother? Why do you want to help her so much?

    let her pay for an attorney and try and get it removed. she will need to come up with some pretty large reasons why circumstances have changed after only a few months.
  6. #6
    VG1013 is offline Member
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    If she wants to see the kids...why don't you bring them to her for a visit, until this matter is settled?
  7. #7
    CalieBayGirl Guest
    I have a couple things I can add and hope it helps. In order for her to with draw this order, she needs to file a motion, and have a hearing, ONLY the judge can change this order at this point.

    She at this point is breaking her own order, notably, this does not have to be a "mutual" order, she has to obey that order in the same mannor as he does.

    Good luck
  8. #8
    DChristian112 Guest
    OK, my first bit of advice is to direct this question to IAAL. But I am sure once the week begins, he can answer this question correctly.

    In MN, there is no court or hearing date set, all you need to do is go to the court admin, and request a dismissal of a PO, or RO. I have done this before.
    However, states may differ.

    Good Luck and God Bless!
  9. #9
    smorr is offline Member
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    Sounds like you really don't want it removed at this point. California law (I think) is pretty tough with abuse orders. They don't like removing them once they're in place.

    You mention mental health problems with Mom - maybe she made a hasty decision. However, it will take more than a hasty decision to have the RO removed. Courts are not happy with people who abuse the court system that way. When you take the step to file a restraining order - you MEAN IT - or at least you're supposed to! If she successfully has it removed and then tries it again later on down the line, the court won't take her as seriously.

    I'd leave well enough alone! It's a lesson to her.

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