Is it possible to modify a restraining order?
Yes, it is possible to modify a restraining order in California. A restraining order is a court-issued document that orders a person to stop engaging in certain activities, such as communication, harassment, physical and/or emotional abuse. The person who has the restraining order against them is known as the “restrained person”, while the person requesting the restraining order is known as the “protected person”. If someone wants to modify a restraining order in California, they must file a modification request with the court. The request must include why the modification is necessary, and the request must be signed and dated by the person who requested the order. The person requesting the modification has the burden of proof to establish why the modification is necessary; the court will consider factors such as the parties’ safety and the potential for future danger. The court may grant a modification request if it finds there is a valid reason, such as a change in circumstance or a safety issue, to warrant the modification. If the court grants the request, the modified order will delete or add any restrictions as necessary. The modified restraining order will remain in effect until a new date is set for another hearing or until the restraining order expires. It is important to remember that laws regarding domestic abuse vary from state to state, so it is best to consult with a lawyer or a local domestic violence service provider for more information.
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