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  1. #1
    Babyblue0336 Guest

    Question Lifting a Restraining Order

    What is the name of your state? CA

    I am interested in learning the necessary steps to follow in order to have Protective and Restraining Orders lifted (for both the victim and the restrained person). Here are a few details, I'm not sure if they effect things. First, the order was placed by an officer, and not signed or requested by the victimized party. Second, the restrained person is currently jailed on various charges, serving 270 days. If responding, can you also answer a few specific questions I have?:

    Can visitation from the victim result in penalties for the restrained?

    Is it necessary to wait until the restrained is realeaesed from jail?

    Thanks!
  2. #2
    hmmbrdzz Guest
    If a policeman has reason to believe a protective / restraining order needs to be taken out on someone, he/she can do it without the victim writing a statement / or witnessing / or testifying. If you (or the victim) wants to contest the protective / restraining order as the alleged victim, they need to contact the clerk of court (or DA's office), start explaining, start asking questions, and find out if it can be contested (or lifted) and how to go attempting it. The victim cannot contest on behalf of the restrained.

    I'm not certain on this, but I think most visitations to county jails are "pre-approved" via a "visitors list" that the inmate gets approved prior to the expected visit. The list would include certain details about the visitor. If the inmate or the visitor lies, yes -- there will be repercussions. A "victim" would be promptly removed from the the jail premises if identified as such, and if a valid protective / restraining order includes conduct the alleged victim is supposed to abide by, the victim could be arrested right there on jail premises. Anytime a protective / restraining order is in place (valid), each party needs to abide, else face arrest and back in jail.


    hmmbrdzz
  3. #3
    Babyblue0336 Guest

    Question

    Thanks for your reply. I figured that it would just need to go through the courts. I've fied for records under the Public Records Act to determine whether or not there is an active order.

    But, since the victim has already visited the jail and the restrained without any complication or question, could/should that be taken as an "OK" to continue until notified? Could past visitations cause problems in the future without anything being said to either of the parties? Or is it safe to assume that since they allow the visitation that there is no problem?
  4. #4
    hmmbrdzz Guest
    I would say -- no, it's not safe to assume that past visitations (if a protective / restraining order is in effect) should be considered "no problem". Jail visits under such circumstances (past and present) could cause legal problems for both parties.


    hmmbrdzz

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