Can You Modify a Protective Order in Los Angeles?

As their name suggests, a protective order is placed to protect someone. They are used in many ways to provide security to someone fearful of harm from another person. Continue reading for more.

Introduction

There are steps involved in issuing and modifying a protective order. First, the court will issue an order to keep these two individuals safely apart from one another. Yet, it is no secret that the order will change life as they know it due to lack of contact, geographical restrictions, and so forth.

Many people believe that having a protective order in place may as well be set in stone – that it cannot be modified or changed. But that is not the case.

Either party can file a request with the court in Los Angeles to have the order modified or terminated. With the help of an attorney, the changes can be made so that both parties can move forward peacefully.

What is a Protective Order in Los Angeles?

A protective order – sometimes referred to as a restraining order – can be issued to protect a person from different dangers, including:

• Domestic violence
• Physical abuse
• Elder abuse
• Stalking
• Threats
• Verbal abuse
• Control
• Various types of harassment

These orders state precisely what behavior is needs to be restrained and the stipulations for doing so. For instance, most restraining orders protect individuals from different forms of contact with their abuser. This could mean having an order that prohibits the restrained individual from coming within a certain distance of someone, calling or texting, showing up at a home or workplace, monitoring whereabouts, and so on.

The petitioning party must file for a protective order with their local courts to obtain a protective order in Los Angeles. Then, there will be a hearing at which the judge will review the order’s details and determine whether or not the protective order is warranted.

A protective order can be issued for different lengths of time – and on an emergency basis. Again, very dependent on the situation.

Types of Protective Orders in Los Angeles

Different types of restraining orders are found within California’s court systems. Three main types (especially as it relates to domestic abuse) include:

An emergency protective order is issued by law enforcement to offer a layer of protection after an incident occurs immediately. They last five business days or seven calendar days, giving you time to file a petition with the court.

A temporary (Ex Parte) restraining order is for those in immediate danger. You petition the court and request this order that goes into effect for 15 days – until it can be heard in front of a judge.

After a hearing, a restraining order may be issued. If the court finds it necessary, it may issue a long-term restraining order that can remain in effect for up to 5 years. Before expiration, it can be extended or renewed as long as there is additional evidence.

How to Modify a Protective Order in Los Angeles

Once you have a protective order, you can modify or terminate it before it expires. To do so, you fill out the proper form and file it with the court. As the court processes the request for the order modification, you will receive a hearing date. A copy of the request must also be served upon the other party. Remember, this has to be while it is still valid.

So be prepared. You will find yourself in front of the judge, explaining why you want the order modified or terminated. If you are the individual protected by the order, you can expect that the court will ask you questions about why you’ve had a change of heart. They will do this to determine whether you are still in danger or if you have been coerced into requesting the change.

Reasons for Modification and Termination of Protective Orders

There are many different reasons why individuals want protective orders modified or terminated. Let’s takeLet’sok at a couple of the most common.

When emergency orders are put in place, this can be tough on everyone involved. Changes often have to be made regarding things like living arrangements, work commutes, visitation with children, etc. There is no denying that the order can create some struggle – especially when it is between two people who shared a life together before the order.

If each party of the order has started to communicate again and considers meeting together in the same place, this could violate the order. Therefore, to avoid future issues, it is always a good idea to move forward with a request to modify or terminate a protective order first.

In some cases, a peaceful contact order may be issued. This protective order is more permissive and allows contact as long as the contact is peaceful. There can be no threats, physical altercations, or harm. These are most commonly used when there are kids involved.

What to Do After the Protective Order Has Been Modified or Terminated

If you go to court and the judge hears your case to modify or terminate a restraining order – and agrees to it – then you have a couple of follow-up steps to take.

First, if the judge has agreed to modify the order, you must complete a new restraining order form to state the changed orders accurately. If the judge terminates the order entirely, you must complete what is known as the findings. Each of these things must be submitted to the court and, of course, served upon the other party.

Sometimes this entire process can be a little tricky. It helps to have an attorney on your side so that you always know what you are doing – and what needs to be done – to ensure your safety.