Recently updated on March 11th, 2025 at 08:09 pm

In California, restraining orders can be requested to be terminated before their expiry by either party, the protected or the restraint party via a formal process which takes a few weeks including a court hearing.   

Create Forms for Canceling a Restraining Order

Restraining Orders in California are court orders issued in situations such as abuse, stalking or harassment in range of ways from a current or former lover or relative, a neighbor, a co-worker or even a caregiver which require the abuser to stay a certain distance away from, and refrain from contacting the victim.

Types of Restraining Orders that can be canceled

All types of civil restraining orders can be canceled  The types are:

Domestic Violence is for situations involving domestic violence which is when a victim has been abused by a romantic partner (spouse, domestic partner, girlfriend/boyfriend) or a family member.

 

Civil harassment applies to situations involving repeated irritating behavior, stalking, abuse, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.

 

Elder Abuse: A senior citizen (or an adult who cannot function independently) is being abused by a caretaker, neighbor or child .

 

 

Gun Violence: Typically, a police officer or sheriff who thinks someone might hurt themselves or someone else with a gun. This can stop that person from buying or owning a gun. It can’t order them to stay away from someone.

 

Workplace Violence: An employer usually requests these to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.

 

 

School Violence involves violence, or threat of, against one or more students of a private postsecondary (after high school) school. This type of restraining order may only be granted if the threat of violence is for an act that would likely take place on the school’s campus, and is requested by school official.

 

Reasons for Cancellation

After a restraining order is issued, circumstances can change, and there may be need to cancel the restraining order. Common reasons include:

• Reconciliation or Improved Relationship: If the individuals involved have reconciled, or if they believe they can safely resume contact without fear of harm, the protected party might request the order be canceled.
• Changed Behavior or Counseling: If the restrained person has undergone counseling, treatment, or has shown long-term changes in behavior, the protected party may feel the order is no longer necessary.
• New Protective Measures: Sometimes the protected party no longer feels at risk because they’ve taken other protective steps, like relocating, enhancing their personal security, or securing an alternative support system.
• Family or Child Welfare Reasons: If there are children involved, one parent may feel that canceling the order would help improve co-parenting dynamics, facilitate shared custody, or reduce stress on the children.
• Burden of Enforcement: Some people find that maintaining the restraining order is challenging or stressful, especially if they are frequently involved in court proceedings, police calls, or feel it negatively affects their day-to-day life.
• Time or Emotional Healing: Sometimes, after a period of separation or healing, the protected party may feel safe and want to move forward without the order, especially if both parties have had time to establish boundaries.
• False Allegations or Misunderstandings: In some cases, the order may have been based on misunderstandings or false allegations, leading one party to decide it is unnecessary.

Under California family law, it is possible to cancel or “dismiss” a filed restraining order. A restraining order can only be dismissed by a judge in a court of law. So to get it canceled, you must file a motion to get the order dismissed with the court. 

 

Risks of Canceling a Restraining Order

Consider if it’s worth the hassle if the Order is “Temporary”

Temporary Restraining Orders (TRO): These typically last until the court hearing (2-3 weeks) and automatically if not extended.

Permanent DVROs: These can last up to five years and must be modified or dismissed by the court.

Step 1: Create Court Forms to Terminate Restraining Order

Create Forms Online

You or the protected party must file a Request for Order (form FL-300) to ask the court to cancel the restraining order.

To ask to change the child custody or visitation (parenting time) orders, fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). Also fill out any of the following forms that apply to your case:

• Child Custody and Visitation (Parenting Time) Application and Attachment (form FL-311)
• Request for Child Abduction Prevention Orders (form FL-312)
• Children’s Holiday Schedule Attachment (form FL-341(C))
• Additional Provisions—Physical Custody Attachment (form FL-341(D))
• Joint Legal Custody Attachment (form FL-341(E))

To ask to change the child support orders, fill out:

• Current Income and Expense Declaration (form FL-150). You can fill out a Financial Statement (Simplified) (form FL-155) instead if you meet the requirements on page 2 of form FL-155.

To ask to change the spousal or partner support orders (or orders about your finances), fill out:

• Current Income and Expense Declaration (form FL-150).

Step 2: File the Papers at the Court

Filing is the process which means the following steps

1. Formally submitting the case documents at the court with the office of the clerk
2. The clerk reviews and verifies the correctness of forms and completeness of the required info
3. Clerk enters the case in the court database, stamps the documents and assigns a case #

 

County (Venue)
The proper venue for a restraining order case is the county where the abuse took place or where the restrained party lives. However, venue is a defensive motion and should be considered by the court only if the restrained party objects by filing a noticed motion for change of venue at or before the time of responding to the request.25 Improper venue is not a proper basis for the court to deny relief on its own motion (sua sponte).

Determine the County 

In California, one typically file at the Superior Court at county of your residence or where the abuse occurred. For example, if you live in San Francisco city, then the Superior Court of California, County of San Francisco.  There can be many special cases and fine print but that is the most common case. Please consult a lawyer if your situation is uncommon e.g. the abuser is overseas or you are overseas and the abuser is in California.

Determine the Correct sub-location

Within the Superior Court of a county, there may be one location such as Superior Court of San Francisco OR multiple locations such as the one in San Bernardino, and each court has it’s own system so that you must file at the correct location.

For example here are some of the locations of the Superior Courts in California at San Bernardino County which are

• Barstow District: 235 East Mountain View Street Barstow, CA 92311
• Fontana District: Fontana District: 17780 Arrow Boulevard Fontana, CA 92335
• Joshua Tree District: 6527 White Feather Road Joshua Tree, CA 92252
• Needles District: 1111 Bailey Ave Needles, CA 92363
• Rancho Cucamonga District: 8303 Haven Avenue Rancho Cucamonga, CA 91730
• Victorville District: 14455 Civic Drive Victorville, CA 92392
• San Bernardino District: 351 North Arrowhead Avenue San Bernardino CA 92415

Identify the methods of Filing

Method # 1: In Person by visiting the court house

Your court location would accept the forms to be submitted in person at the court hours.

Tip: All courts have lunch hours when they are closed for an hour

When you submit your case documents at the court, typically you take 3 copies.

The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.

The stamp may look something like this:

Method # 1: E-file online

This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files.

Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit.

You will be required to some online service fees.

Method # 3:  Via another person 

Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.

 

Step 3: Serve the Other Party (if Required)

Whenever one party initiates a case it needs to inform or serve the other party formally by delivering the court documents which is called “serving the respondent.” Under the California law there are multiple ways in which the other party can be served.

You cannot  serve your papers yourself.

 

Option 1:  Ask the Sheriff (FREE)

A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in California, prison staff, not the sheriff, will serve your papers. Follow the instructions by the California Department of Corrections and Rehabilitation for serving someone in prison

 

Option 2: Ask a friend, relative or any adult (FREE)

You ask someone you know to be your server

• 18 or over, and
• not part of your case

Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers.

 

Option 3: Hire a courier for legal papers (Process Server)  

You can also hire a courier called professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example . An example is ABC Legal Services.

You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.

 

 

Step 4: Court Hearing where Judge Issues a Decision

In some cases, the court might require a hearing to review your request. You may need to explain your reasons for wanting to cancel the restraining order.

Judge’s Decision: The judge will review your request and consider various factors before making a decision. If the judge approves the dismissal, the restraining order will be canceled.

 

Can the restrained person request to cancel the restraining order repeated?

Yes, an abuser (the restrained person) can file multiple motions to dismiss or modify a restraining order, but there are limitations and protections in place to prevent misuse of the legal system. Here’s how this works in California:

1. Court Discretion and Limitations on Repeated Motions

• Judicial Review: Each time the restrained person files a motion to dismiss or modify the restraining order, a judge will review it. Judges can often spot patterns of harassment and may deny motions they believe are intended solely to harass the protected person.
• Limits on Frequency: If the restrained person files repeated, unfounded motions, the judge may warn them or place restrictions on their ability to continue filing motions. In some cases, a judge can sanction (penalize) someone for filing frivolous or harassing motions.

2. Anti-Harassment Measures

• Restraining Orders Against Abuse of the Legal Process: In cases of extreme harassment through repeated filings, the protected party can sometimes request that the court issue an order limiting or restricting the restrained person from filing more motions without court approval.
• Vexatious Litigant Status: California courts can designate individuals who abuse the legal system as “vexatious litigants.” This designation places restrictions on their ability to file new motions or lawsuits without prior approval from the court, which can protect the protected party from harassment through constant legal filings.

3. Legal Representation and Advocacy

• Attorney Involvement: The protected party can hire an attorney to respond to the motions, and if harassment through legal filings is suspected, the attorney can advocate to the court for stronger protections.
• Support from Domestic Violence Advocates: Advocates can help provide additional documentation or evidence of harassment and may support the protected party in navigating the legal process if they feel overwhelmed by repeated motions.

4. Protection for the Protected Party

• Stay of Order: Typically, the restraining order remains in effect while motions to dismiss or modify are pending, which helps protect the party from any lapse in protection.
• Court-Awarded Fees: If the court finds that the restrained person’s repeated motions are intended to harass or burden the protected party, it may require the restrained person to pay the legal fees or costs incurred by the protected party.

If the restrained person is misusing the legal system, the court will generally intervene to prevent further harassment.