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Can You Cancel a Restraining Order After Filing in California?

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Filing for a restraining order is a crucial step to ensure safety from threats or violence. However, circumstances can change, and you might wonder if it's possible to cancel or withdraw a restraining order after filing it in California.

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. 

Exploring the Process

The process involves several steps:

Request to Dismiss: You can submit a formal request to the court asking to dismiss or cancel the restraining order. This request typically needs to be made in writing.

Court Hearing: 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.

Considerations and Caution

Safety Concerns: Ensure that canceling the restraining order won't compromise your safety. If you feel unsafe or threatened, it might be crucial to maintain the restraining order for your protection.

Consent of the Court: The court holds the final decision on whether to cancel the restraining order. Even if both parties agree to cancel it, the judge will review the request and decide accordingly.

 

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