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Renewing a NON-Clets Restraing Order

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laugh_out22

Junior Member
What is the name of your state (only U.S. law)? California

I have a mutual non-clets to keep me and my ex-husband's wife away from each other... This is a very long story but the first thing is as as we were going through our divorce he tried to pinn "Assualt and Battery with a deadly weapon" on me to make me look bad in court- she asisted saying I tried to stab her with a pair of scissors- I recorded him trying to blackmail me over the phone saying he would go tell the police it never happened if I signed over custody of our child- my charges were dropped and thrown out once I gave my lawyer the tape.

Then they still tried to make me look like a bad parent.... the wife saying I was harrassing her and filed a restraing order on me.... so I hired a lawyer to fight for me because I was tired of being falsely accused of stuff I never did, so my lawyer filed a restraing her from harrassing me-- we ended up agreeing on a "NON_CLETS" and now its time to renew it...

and so far my ex-husband is trying to push the judge to allow his wife to be able to drop off and pick up our child and I'm affraid that they have more tricks up their sleeve so I want her to stay sooo far away from me.... so my question is.... how do I renew a non-clets or possibly make it into an official restraing order so that I can register it with the police department?

I need this info ASAP as I just found out my non-clets expires this month :confused:
 


CdwJava

Senior Member
You cannot apply for a "non-CLETS" order, you can only ask that the judge make it a non-CLETS order. However, in 2008 the Judicial Council of CA took the position that non-CLETS orders should NOT be issued because they were effectively unenforceable. The practice had been to issue them when the petitioner might also be guilty of some malfeasance in the situation, and it was apparently seen that a non-CLETS order was the least intrusive on the defendant as it did not have the same stigma or firearms restrictions attached as a typical order.

I doubt you will get a renewal for a non-CLETS order, but you might get a renewal for the order in general. Whether they will continue it "off book" as it were, or enter it into CLETS with a renewal is a question for the court.

To renew a restraining order you should call the court and find out their procedure. Chances are you will need to fill out a DV-700 form ...

California Courts: Forms

- Carl
 

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