Exactly what do i need to do to modify a restraining order?
File a Request For Order, FL-300. What you may or may not be able to modify will depend on many factors, but primarily whether or not you are the protected or restrained party.
Criminal Defense Attorney
The court takes a number of factors into consideration. It depends on who is asking for the modification of the restraining order. If the victim is asking the court will want to know why they want the restraining order to be modified. An inquiry will be made of the victim
if he or she has been pressured or threatened by the defendant or the defendant’s family members or friends to make the request to modify the court order.
Many times the court will inquire if the victim is participating in support groups.
The court may also inquire into whether or not the victim has a safety plan;. a comprehensive set of safety measures that a person in a battering relationship can take to enhance his or her future safety.
Many times the prosecutor will object to a modification of the restraining order. Under Marsey's Law you have the right to be heard in court. You also have the right to be represented by counsel in your request for a modification of the restraining order.
Family Law Attorney
Are you talking about a Family Law or Criminal Court Restraining Order? If it is in Family Court the FL-300 form can be used to request a modification. Explain why you are requesting the change. You will need to be specific. If you are the restrained party you have an uphill climb, especially if you do not have the consent of the protected party.
If you are the protected party, the Court what the motivation is behind the request for the change. (Are you being influenced or harassed).
If it is a criminal court protective order, seek the advice of a criminal attorney or victim advocate.