Order Court Restraining With Child Involved
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FAQ
Once a judge has received your request for a TRO, they will generally approve or deny your request within one business day. At the same time that they approve your TRO, a judge will also set a court date in which both you and your abuser must appear to state your versions of the case.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
Go to your court hearing. Take your copies of all your papers to your court hearing, including a copy of your proof of service. At the hearing, the judge will decide whether or not to change or end the restraining orders. See Going to Court to read more information about how to prepare for your court hearing.
Gather evidence in preparation for trial ? Talk with any friends or family members who might be used as your witnesses, and make sure you have a clear defense planned with your attorney. Anything that can be used in your case, like photos or emails, should be entered as evidence in support of your defense.
Under California family law, 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. You must demonstrate that the restraining order is no longer necessary or you have fully complied with the terms of the order.