How can I revoke a stay-away order? 10 Answers as of April 11, 2011

How can I petition to have a stay-away order revoked? I desperately need to move on with my life and this is complicating my situation.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Not enough information presented. Also, there is the question of how a restraining order prevents you from moving on with your life. Speak to an attorney directly, I do not think this the place to air the problem in full.
Answer Applies to: California
Replied: 4/11/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
Unfortunately, it is really difficult to answer your question without more detail. There are a number of different types of stay-away orders and/or restraining orders and what can be done about them depends on what type has been ordered and what side of the order you are on. For example, stay away orders are issued as a matter of routine in domestic violence criminal cases in order to protect the victim. However, if you are the victim, there is a way to have the order modified from a no contact order to a peaceful contact order. On the other hand, if you are the person that is being ordered to stay away or restrained, your options are dependent upon what has transpired thus far. Your best bet is to immediately contact an experienced lawyer to properly evaluate your case. Good luck.
Answer Applies to: California
Replied: 4/8/2011
Tomas M. Flores, Esq.
Tomas M. Flores, Esq. | Tomas M. Flores
A victim can petition the Court to lift a restraining order, but the judge will probably ask for reasons why the order should be lifted.
Answer Applies to: California
Replied: 1/13/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
If the Complaining Party agrees to it there is no problem. It would just require a simple motion and both of you would need to go to the court hearing. If that person disagrees then it would take an exceptional circumstance for the judge to grant it. Is there a more specific reason besides that you want to" move on with your life"?
Answer Applies to: California
Replied: 1/13/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
How? By filing an appropriate motion in the court, supported by proper pleadings and declarations sufficient to convince a judge to do so. Without substantial good cause, it wont happen over the objection of the protected person. If serious about hiring counsel to TRY for it, feel free to contact me for a consultation.
Answer Applies to: California
Replied: 1/12/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    This depends on the judge, why the "stay away" order was put in place, where procedurally your case is at, and if the person wants it lifted or not.

    For example, in domestic violence cases, the alleged victim usually has to complete a class and then show up on court.

    Should you have any questions or concerns, feel free to contact my office.
    Answer Applies to: California
    Replied: 1/12/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You must have the protected person or company protected by the order petition or contact the D.A.'s office to have it modified or removed.
    Answer Applies to: California
    Replied: 1/12/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You can go back to the court that issued the order. You will need to bring in substantial evidence why the judge should grant such an order.
    Answer Applies to: California
    Replied: 1/11/2011
    Desert Defenders
    Desert Defenders | John Jimenez
    Go to court and ask the judge to set the order aside or vacate it.
    Answer Applies to: California
    Replied: 1/11/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Your message is confusing. Are you saying that someone put a stay away order on you? If so there is no way to change that until after it expires. If you are saying you put a stay away order on someone else you need to go to the Clerk and ask to be added to the calendar and then tell the judge you no longer want the stay away order. My guess is that this has been put on you and unless you get the person who requested it to go to court and tell the judge it is no longer necessary there is nothing you can do. But I don't get how this keeps you from "getting on with your life"?
    Answer Applies to: California
    Replied: 1/11/2011
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