Video: How this website works
This website presents a list of questions, and then at the end generates the paperwork required to Cancel the Restraining Order. Then you can file it with the court with a few clicks.
HOW THIS WEBSITE WORKS
Here is a summary of how this website works in helping you with Canceling a Restraining Order
1. Take Screening
Start by entering your zip code on the top right. Then answer a few questions to verify that you're eligible to file for canceling a restraining order.
2. Create Official Court Forms required to Cancel a Restraining Order
This website will present you with questionnaires to gather all the required input. Then create a fresh set of court forms filled with the information you've provided. The questionnaires are in simple language, with explanations next to individual questions, and difficult questions broken down. You can digitally sign and there is no need to print anything.
3. Consult Advocate (Optional)
Depending on your situation, we can suggest any trusted free victim advocacy non profits. The advocate can assist you with certain aspects of the case and safety planning. They can review your case documents, and talk to you directly to discuss your case.
4 File with the Court
This website simplifies the filing to a couple of clicks, and get follow up messages notifications from the court. You also have the option to download and print the PDF files and file in person.
Process for Canceling Restraining Order
How to get cancel a restraining order ? How to apply for a restraining order cancellation ? Or more precisely how to complete the formal steps to Cancel a Restraining Order? Canceling a restraining order typically involves filing the case and attending a hearing which can take up to three weeks.
Step 1
You: Keep the Restraining Order document handy
You will have to verify and enter some information from the original order
Step 2
You: Take Online Screening
Using this free website (LegalAtoms) you can determine if you are eligible to Cancel a Restraining Order.
Begin by entering your zip code in the top right corner, and click "Start"
You will see some general questions such as whether you're the protected person.
This is the first step and will automatically lead to the next step of creating the court forms.
Step 3
You: Create Official Court Forms
This will automatically start after you complete the previous step i.e. its the continuation of the same online experience.
After the screening this website (LegalAtoms) will present a series of questionnaires, which will gather the info needed to populate the official court forms i.e. case documents.
Just for your knowledge: In order to cancel a Restraining Order, you need to fill a standardized set of official California court forms. These have questions aimed at understanding your situation and the people involved. Then you will digitally sign them.
No need to download forms.
No printer is needed.
Step 4
You: File the restraining order online with the court
To formally request the court, you need to submit the documents with the clerk at the court. This step is called filing, and there are two ways of doing this step, and both have the same effect:
- Online (Called E-file)
- In person
This website offers both filing options.
You can digitally sign and e-file with the court. E-filing is convenient and you can do it anytime. The date of filing is the when you file, or the next day if you file after hours. The restraining order case documents is filed at your county's Superior Courts. Example: Orange County Superior Court or Riverside County Superior Court
You can also download the PDF files and then walk in to the court and submit in person
Once the filling is successful a case number is assigned and you will receive a copy of the main documents which will have a court stamp of "Filed". This is the FILED copy and is used to serve the other party as it shows that it's exists in the court's database.
Step 5
Serve the documents to the other party
The clerk will give you the forms you filed, stamped with court's seal, and a case number assigned.
You will have to serve these documents to the other party.
Service must be done by someone over the age of eighteen who is not a party to the case.
Step 7
You, and the Other Party: Attend Court Hearing
Attend a hearing:
The hearing date would be provided to you when you filed the court
The court holds a hearing within a few weeks where the evidence is examined.
If there is sufficient supporting evidence as determined by a Judge, a full restraining order is issued.
At this point it becomes a crime for the abuser to break the conditions of the restraining order.
If the abuser misses this hearing even though they were served the court order on time (about 1 week before the hearing) then you might get the court order automatically i.e. without discussion and further evidence.
Step 8
You: Collect Final Order
After the hearing, a final restraining order may be issued. You can take a paper copy of the order with you for your record, and which can be crucial if you have to call the police for a future incident. The order is typically valid for 5 years.
California restraining order laws
What are the requirements of a restraining order? That question is answered by the definition. It is important because a restraining order will be issued if the abuser's behavior is shown to meet the definition.
Ann.Cal.Fam.Code § 6211“Domestic violence” is abuse perpetrated against any of the following persons:
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant, as defined in Section 6209.
(c) A person with whom the respondent is having or has had a dating or engagement relationship.
(d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).
(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.
(f) Any other person related by consanguinity or affinity within the second degree.
The original text is here
Ann.Cal.Fam.Code §§ 6203; 6320(a), (c)(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.
(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
(c) As used in this subdivision (a), “disturbing the peace of the other party” refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This conduct includes, but is not limited to, coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:
(1) Isolating the other party from friends, relatives, or other sources of support.
(2) Depriving the other party of basic necessities.
(3) Controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services.
(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.
(5) Engaging in reproductive coercion, which consists of control over the reproductive autonomy of another through force, threat of force, or intimidation, and may include, but is not limited to, unreasonably pressuring the other party to become pregnant, deliberately interfering with contraception use or access to reproductive health information, or using coercive tactics to control, or attempt to control, pregnancy outcomes.
(d) This section does not limit any remedies available under this act or any other provision of law.
WHO CAN START A CASE
This website provides a guided experience to people who are working themselves on preparing the court forms for a Domestic Violence Restraining Order.
1. Victim 15+ years
Anyone 15 years or older, and without a parent's permission can create the paperwork and file to start a case.
2. On behalf of a minor (under 18)
Someone 15 or older can petition on behalf of a minor who is a family or household member.
3. On behalf of a senior or disabled person
An adult can file on behalf of a vulnerable adult
WHAT RESTRICTIONS CAN YOU ASK THE JUDGE FOR
Here are the typical restrictions places on the abuser via the restraining order.
Stay Away From You
Abuser would have to stay at least 100 yards away from you, your children and locations you request such as your work
Hand over a car
Get access to cars held by the abuser
Don't post intimate images
Take down, delete, and do not distribute intimate images of a protected person, as defined in RCW 9A.86.010.
Not to contact you
Not to contact you via phone or text or mutual friends
Vacate the shared residence
The respondent can be asked to vacate the shared residence. You can also request help from police to kick them out.
Restrict Abusive Litigation
This is to prevent the misuse of the legal system to harass, intimidate, or burden you.
Not stalk you
Not stalk you or your loved ones, including your accounts on facebook or other social media
Handover Passport, Cell phone, Medications etc.
You an ask for your personal items such as passport, medications, clothes. This would be applicable if you were living together up to now.
Get Drugs, Mental health and Sex Offender Treatment
You can request the abuser to seek treatment for alcoholism, drug use, domestic violence abuse (RCW 43.20A.735) or sex offender (RCW 18.155.070)
FILED AT California COURTHOUSE
Your case documents are filed at a Superior Court in your county. Here are examples of some.
Alhambra Courthouse
Sacramento William R. Ridgeway Family Relations Courthouse.
San Francisco County Superior Court
Los Angeles
FAQs
While the restrained party can request to cancel, they must abide by the restraining order at all times. For example, a restrained party must not violate the Restraining Order to contact the protected party.
California Penal Code 273.6 PC makes it a crime for a person to violate the terms or conditions of a court-issued restraining order, protective order, or stay-away order. This offense is a misdemeanor that carries a maximum sentence of up to one year in jail.
But a second-offense violation of a restraining order, or a violation that involves an act of violence, can be charged as a felony and punished by up to 3 years in jail or prison.
You can get a temporary restraining order the same day as you file in case of an emergency as long as you apply on a business day and typically by noon. Regular (non emergency) orders may be issued in a few days. While some cases may be decided only at a hearing in a few weeks.
Its free.
All restraining orders including a Domestic Violence Restraining Order is typically issued for five years.
Yes it is possible but it depends on the order type and job.
As a legal warning, restraining orders forces the abuser to stay away from the victim and comply with other conditions or else they will be charged with a crime and face prison time. Furthermore by taking guns away from the abuser it can reduce the risk of fatality for the victim.
No, a lawyer is not required. However, having a lawyer in any legal situation can benefit you.
In California, about 200 Domestic Violence Restraining Order cases were filed daily from July 2019 to June 2020 (72,000 over 12 months).
If criminal charges are filed, then a restraining order is typically also filed as it provides protection for a set time frame just in case the criminal charges are dropped. Restraining orders are also important when no crime as been committed e.g. coercive control and therefore they are the only option in many situations.
How can a DVRO affect a divorce?
A DVRO can have several effects on the final divorce agreement. Firstly, presence of domestic violence does not affect your chances of divorce, a that requires no particular reason. In California, there is no need for faults or any ground for divorce. So even if your spouse is accused of domestic violence, the divorce proceeds as is. However, a DVRO can affect The accused to move out of the house Have limited child custody In certain cases be ineligible to receive spousal support (alimony) And other effects)
Do Restraining Orders Help?
Here the outcome of a research on domestic violence from University of New Hampshire
1. Reduce Violence
Domestic Violence Restraining Order are effective in reducing violence and harassment. For half the women in the sample studied, a restraining order stopped the violence. For the other half, the orders significantly reduced violence and abuse.
2. Cost Effective
Domestic Violence Protection (restraining) orders are free for the victims. They are a relatively low-cost solution for the government, particularly when compared with the social and personal costs of partner violence.
3. Cities vs. Countryside
The impact of civil protective orders on reducing violence and abuse did not differ for rural (country side) and urban (cities) women. In rural areas, where resources and services for partner violence may be more limited, it is critical to reduce barriers to obtaining protective orders as research indicates they may be an effective resource. Community-level barriers to enforce civil protective orders exist for women in rural areas.
RISKS
The abuser may react to your filing for a restraining order
the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household.
The respondent make drain bank accounts, max out credit cards, damage cars or houses or do other damage to jointly owned property.
A particular risk is if the respondent has access to guns or other firearms they might actually kill you. Here's an example from 2023 in New Orleans, Louisiana
The abuser may report you or your loved ones undocumented US immigration status to the U.S authorities, or cancel health insurance.
Fearing restrictions on custody or visitations the abuser may preemptively take the children away or just call the Child Protective Services against you.
The abuser may spread false information particularly on Facebook, Instagram, Twitter or other social media.
Calculating the Risk Level
The Lethality Assessment Program (LAP) is a questionnaire used by law enforcement and other professionals, often in the context of domestic violence situations, to assess the risk of murder in cases involving intimate partner violence.
The questionnaire has about 20 questions designed to evaluate the severity and potential danger of a situation. These questions may cover aspects such as the presence of weapons, history of violence, threats of harm, and other factors that could indicate an increased risk of lethal violence.
- Has the physical violence increased in severity or frequency over the past year?
- Does the abuser own a gun? Or has he ever used a weapon against you or threatened you with a lethal weapon particularly a gun?
- Have you ever lived together? And if yes then have you left the abuser after living together during the past year?
- Is he unemployed?
- Has the abuser threatened to kill you? Do you believe he is capable of killing you?
- Does he threaten to harm your children?
- Does he ever try to choke/strangle you or cut off your breathing? . If yes to the previous question, has he done it more than once, or did it make you pass out or blackout or make you dizzy?
- Has he avoided being arrested for domestic violence?
- Do you have a child with the abuser which is not his
- Has he ever forced you to have sex when you did not wish to do so?
- Does he use illegal drugs? By drugs, I mean “uppers” or amphetamines, “meth”, speed, angel dust, cocaine, “crack”, street drugs or mixtures. . Is he an alcoholic or problem drinker?
- Does he control most or all of your daily activities? For instance, does he tell you who you can be friends with, when you can see your family, how much money you can use, or when you can take the car? 18. In reference to the previous question, do you let him control most or all of your activities?
- Is he violently and constantly jealous of you? (For instance, does he say: “If I can’t have you, no one can.”)
- Have you ever been pregnant by him? Have you ever been beaten by him while you were pregnant?
- Has he ever threatened or tried to commit suicide?
- Have you ever threatened or tried to commit suicide?
- Does he follow or spy on you, leave threatening notes or messages, destroy your property, or call you when you don’t want him to?
Court Forms (Templates) Created
When you pass the screening and complete the questionnaires, you can then download the following standard court forms filled correctly with your information. These court forms are provided by the the Judicial Council of California.
Core Forms
Depending on Situation
TYPES OF RESTRAINING ORDERS in California
In California there are six types of civil protection orders, with Domestic Violence Restraining Order being one of them.
Domestic violence is abuse from a romantic partner, or a family or a household member. The abuse can involve physical or sexual violence, or a pattern of harassment or controlling behavior or merely threats to harm.
This is aimed at banning firearms for someone who poses significant danger to self or others. This protection order must be requested by a family or household member or a law enforcement agency.
For harassment, stalking, abuse, or threats by neighbor, co-worker, roommate, distant relative or a total stranger and not a current or former romantic partner or a close family or household member.
Only a private school administration can request this type of restraining order to protect a student (and their family) from threats of violence on campus.
Only an employer can ask for a workplace violence restraining order to protect an employee who has suffered stalking, serious harassment, violence, or a credible (real) threat of violence at the workplace. An employee cannot ask for this restraining order.
For protecting senior citizens (over 65) or other disabled persons who are being abused, neglected or exploited including financially by an abusive caregiver, family member, acquaintance or stranger.