Full question:
My husband's ex-wife managed to get some kind of 'lifetime' restraining order against him, for each of his children, based on her paranoia. Now that most of them are of adult age, how can he go about having the restraining order removed so they can communicate with him freely? (Some of the children already do, but the restraining order needs to be out of the way.)
- Category: Restraining Order
- Date:
- State: California
Answer:
A restraining order may be issued to a person who is a victim of harassment. A restraining order is a court document that is an order signed by a judge. Typically, civil court orders are not published in newspapers, but violations of criminal restraining orders will become part of one's legal record. The restraining order may expire by statute or remain in effect until vacated by the court. The order may or may not be issued ex parte, or without both parties to the order present. In certain cases, a judge may require testimony by both sides before issuing a restraining order.
A petition to revoke the restraining order may be made by the ex-wife or the former husband may petition the court to remove it. A hearing is typically held in which the person requesting the restraining order be revoked/removed must prove their need for having the the order revoked/removed by by the greater weight of the evidence. The person restrained (defendant) may present evidence to counter the allegations made. I suggest contacting a local attorney who can review all of the facts and documents involved.
For further discussion, please see:
http://www.ehow.com/how_4813586_revoke-restraining-order.html#
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
