Terminate A Domestic Violence Restraining Order

If a domestic violence restraining order was issued against you, it could impact your ability to live a normal life. You could be banned from seeing members of your family or from visiting certain areas. However, you may be eligible to terminate a domestic violence restraining order.

Can You Terminate a Domestic Violence Restraining Order?

In Loeffler v. Medina, the court denied an application to terminate a domestic violence restraining order because it found that the circumstances had not sufficiently changed. In this case, the parties were in a relationship from 1995 to 2001. In April 2001, the trial court issued a restraining order against Medina, which restricted him from being within 200 yards of her or her daughter.

After the restraining order was about to expire, Loeffler filed for an extension, citing that she had experienced several acts of vandalism and harassment of which she suspected Medina. Loeffler could not find Medina to effect service, so the trial court allowed Medina to be served by substituted service directed to the clerk of the court. The restraining order was extended indefinitely with no expiration date.

Three months later, Medina filed a request to terminate the restraining order, stating that Loeffler knew of his home address and failed to properly serve him. The trial court denied his request to terminate the restraining order.

Two years later, Medina filed another application to terminate the restraining order. He based his request on the facts that he was currently residing in Arizona, had recently married, had minimal contacts with the San Diego area, and the restraining order was impacting his employment and possible future activity as a reserve law enforcement officer.

Evidence was presented that established that Medina was in fact in San Diego many times during that past year, he still had an apartment in La Mesa in 2006, had close family members in San Diego, and his parents lived less than three miles from Loeffler’s house.

Therefore, the court found that there were few changed circumstances that would justify a termination of the court order. Even though Medina was married and living in Arizona, he had returned to San Diego County to visit friends and relatives. The trial court found that Medina was able to work in the construction field with the current restraining order and thus his employment was not impacted. The trial court found that simply because Medina might volunteer again is not sufficient reason to allow him to possess firearms.

The trial court found that Loeffler still had a reasonable apprehension of future abuse and that a permanent restraining order was necessary in this case.

How to Terminate Restraining Orders

The court went on to state that there are three different reasons to request a termination of the restraining order as set forth in Code of Civil Procedure Section 533:

• When the law upon which the injunction was granted has changed
• When there is a material change in the facts of the case
• If justice would be served

Medina argued that the restraining order should be terminated to allow him to carry a gun as a volunteer law enforcement officer and so that he also would not be barred from construction jobs that required a security clearance. The court said that simply because Medina may chose to volunteer again is not a justification to remove the court order and allow him to carry firearms. Further, some of the agencies he argued he wanted to volunteer for do not require volunteers to carry a gun.

The court found that Medina has been able to work in his construction field with the current restraining order and thus has not impacted his employment. Therefore, the court denied Medina’s request to terminate the restraining order because the circumstances had not significantly changed.

How to Terminate a Restraining Order in California

In order to terminate a restraining order in California, either the victim or the defendant can ask the court to lift the order. First, the requester must file a motion with the court. If the victim agrees to lift the restraining order, the motion would state this fact. Additionally, it would state that the victim and defendant wish to have contact, the victim voluntarily makes the request, and the victim is not afraid of the defendant and does not anticipate violence. The type of contact that the parties wish to resume may also be specified in the motion. 

On the other hand, if either party is opposed to lifting the restraining order, the other party will file a motion that states the reasons why the order should be lifted, such as the restraining order no longer being necessary due to a change in circumstances. Typically, there will be a hearing after the motion is filed, and a judge will determine whether or not to terminate or change the order. The victim and the defendant will have the opportunity to present testimony at this hearing. 

To increase your chances of successfully terminating a restraining order, you should contact an experienced attorney for assistance. Your attorney can guide you through the motions you must file, as well as advise you on the best way to prove at your hearing that a restraining order is no longer necessary. 

Call the Restraining Order Attorneys at Wallin & Klarich Today

If you wish to terminate a domestic violence restraining order, you will need an experienced criminal defense attorney helping you argue that there has been a significant change of circumstances. At Wallin & Klarich, our skilled restraining order lawyers have been successfully defending our clients terminate restraining orders and fight domestic violence charges for over 40 years.

With offices in Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Victorville, West Covina, Sherman Oaks, Torrance and Ventura, our skilled domestic violence lawyers are available to help you now.

Call our offices at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.