How can I request a modification of a no-contact order?

Asked almost 2 years ago - Saratoga, CA

I currently have a no-contact order placed against me by my estranged spouse which indirectly covers our children except during supervised visitation times. However, I recently learned that my grandparent has been given a prognosis of only 2-4 months to live for an inoperable cancer. In the past, my spouse and I have always been there for each other when something like this has occurred though they are not aware of this situation. How do I go about requesting a modification to permit peaceful contact so that in a worse-case scenario, I can reach out to them for support that we had always provided one another?

Attorney answers (3)

  1. John Noah Kitta

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Our office has maintained a family law practice in Alameda County, Santa Clara County and Contra Costa County for the past 31 years. I have represented several thousand of individuals in family law matters.

    The only solution is to file an ex parte application and request an immediate emergency modification of the Order. Provide a declaration of the facts you have with supporting evidence. Suggest a scenario that is workable to the Court.In most counties you would have to give 24 hours notice of the ex parte application to your ex.

    If you found this answer helpful, let me know by clicking the “Mark as Helpful” button on the bottom of this answer. It’s easy and appreciated.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more
  2. Richard H Wilson

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You should have a local family law attorney review the existing order and the facts that led to that order. You may have to use the procedures mentioned by the other attorney to get a modified order, or you may be able to negotiate a civilized compromise with the help of counsel.

    Good luck.

    Rick Wilson

    The advice provided is general in nature and is not based on any confidential communication or information... more
  3. Hillary Johns

    Contributor Level 19

    Answered . File a modification and request certain peaceful contacts regarding the issues you mentioned. I haven't reviewed your case file so I cannot attest to the reasons the order was put in place although that would be a good place to start. Hire a lawyer or the self help website is available if you review the court's website.

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