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Motion To Modify Temporary Orders Without Notice In San Jose
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State:
Multi-State
City:
San Jose
Control #:
US-000299
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Word;
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FAQ
If you have a temporary restraining order, you may file an ex parte application with the court to request the termination of your temporary restraining order prior to your court hearing.
The Temporary Restraining Order is valid and in effect until the actual court hearing, which is scheduled three weeks after issuing the TRO. The person obtaining the TRO must have the court papers and TRO served on the other party within five days of the scheduled court hearing.
The first is a dismissal, where the protected party requests to lift the restraining order. The second is a motion to modify or dissolve, where the restrained party requests to lift the order. To succeed with either option, it is best to hire a California restraining order attorney to guide you through the process.
You should discuss the changes with the Victim Witness Office . Once you are better informed of the process, you can ask the Criminal Court to change the Criminal Protective Order by filling out a Petition for Modification of Protective Order (L-404) . File it with the court that ordered the Protective Order.
If, however, you are the restrained party the law is not as forgiving but there are ways to do it and our office can assist. In California, a restraining order can be canceled or "dismissed" before its expiration date if the protected party or the restrained party files a motion to dismiss with the court.
To request a modification of a court order, you will likely need to show that there has been a substantial change in circumstances that has happened since the order was issued. You will need to go back to the court where your order was issued and file modification forms.
ordered custody arrangement is legally binding. You or your lawyer will need to convince a judge to grant the modification request to lawfully make a change.
More info
1. Ask to change or end the restraining order. Fill out forms and file them with the court.If you need to change a temporary order. To answer your question: You cannot ever obtain orders (other than strictly temporary orders) without notice to the other side. Disclaimer. Our attorney at TDC Family Law offers legal guidance for the order modification process in California. The motion for temporary orders does not have valid grounds in the law (in other words, the law does not permit the relief requested). 2. The only way to modify an existing court order is to either get the other party to agree (and sign a stipulation and order to be filed with the court) File a motion to modify temporary orders with Bryan Fagan, PLLC. Get expert legal assistance to navigate your case effectively. The only way to modify an existing court order is to either get the other party to agree (and sign a stipulation and order to be filed with the court)