Removing a restraining order

[rescobedo]

What is the name of your state? California

I placed a harrassment restraining order on my boyfriend 7 months ago. I must admit I was angry with him and it seemed the only way to get him to stop calling me day and night. We have reconciled and I need to take the restraining order off. I don't know how to go about this. I have called the court and have been told that I have to create my own order to remove a restraining order, have it signed by a judge and file it with the court but I do not know how to even begin to word it. Apparently there are places to locate the verbage but I don't have any leads as to what they are. Any help to locate this information would be greatly appreciated.

 

[Ohiogal]

Get a consult with an attorney -- the local battered women's shelter should be able to help you.

 

[CdwJava]

I placed a harrassment restraining order on my boyfriend 7 months ago. I must admit I was angry with him and it seemed the only way to get him to stop calling me day and night.

So, because you were having a spat you decided the COURT needed to get involved, and you alleged some measure of fear from this guy's actions ... and now you both made nice?!?

We have reconciled and I need to take the restraining order off.

Fascinating how you reconciled when he was not supposed to have contact with you!

So, he broke the order - likely numerous times - so that you and he could talk.

This sounds to me like either you (a) made the whole thing up to gain some leverage on your boyfriend, or, (b) he's a manipulative thug and you need to get the heck away from him.

I don't know how to go about this. I have called the court and have been told that I have to create my own order to remove a restraining order, have it signed by a judge and file it with the court but I do not know how to even begin to word it.

Most courts have a template you can use or people that are there to assist with court orders. A victim-witness office or DV shelter might be able to give you some direction - and talk some sense into you as well.

Yours is very typical of an abusive relationship. The abuser comes back, says he's sorry, becomes more loving than ever, and then after a month or two he will go back to his old ways ... only NEXT time, your credibility with the court and with the police will be in the toilet, and he will have carte blanche to abuse and stalk you because you will have effectively admitted to lying in the first place. Because you effectively admitted that you were not afraid of him because you allowed him to violate the order so that you could "reconcile", you will likely be seen as having lied in the first place - or, at least never in need of the order.

Seek counseling before you do ANY of this.

- Carl

 

[CourtClerk]

Make sure you put in your order:

The petitioner used the courts as a means to intervene in her own personal domestic issue because she was way to immature to deal with it on her own. So, if this same petitioner comes back at a later date to request yet another DVRO, please be sure to deny it because the reason why she is requesting it is probably because she is mad and instead of changing her phone number and doing the other things reasonable individuals do, she will inevitably clog up the court system again to deal with it, then come back when she doesn't mean it anymore.


So, potentially we're going to lose a few good court employees because of the budget, and you are one of the good reasons WHY... because I'm SURE you didn't pay that $320 to have that restraining order issued either, now did you? Do us all a favor, write the court a check and pay it back.