How can I remove criminal protective order under probation condition order? 11 Answers as of July 08, 2013

What can I do to remove a criminal protective order under probation condition order? This is a domestic violence case. My sister is the victim. My sister is underage but we know her and we are not in worry or in danger with this guy that was her boyfriend and therefore my father wants to remove the criminal protective order since our families are very close and known each other for years . It should expire December 13, 2014 .

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Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
Someone would need to go to petition the court to remove the protective order. If this had been an order that you had sought against the boyfriend and now you now longer want it in place, you could do it. However, as the order is part of the boyfriend's probationary conditions, he would likely have to petition the court to alter the terms of his probation. You could provide testimony to support his petition. It seems from your question that this is the case. But it is not entirely clear. You should consult an attorney for more detailed advice.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Dennise S. Henderson | Dennise Suzanne Henderson
She can go into court and ask the court to amend the order to a do not harass etc order. If they are unwilling to remove it voluntarily, but you have to go to court.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You need to hire a lawyer to go to court to talk with the Judge and prosecutor. Doing this by yourself almost guarantees failure.
Answer Applies to: California
Replied: 1/27/2012
Attorney at Law | Ernest Krause
I think the sister needs to apply for a hearing before the judge in the DV case. Find out if your county has free advice on this. Google various search terms for a form and instructions. Look for a legal domestic violence center to call. I highly doubt the judge would lift the order. Therefore, it is not worth paying lots of money for assistance.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Anthony Sessa
Law Office of Anthony Sessa | Anthony Sessa
Yes.
Answer Applies to: California
Replied: 5/30/2013
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    She, though your dad, needs to file a motion in his criminal case. She (your dad) should talk to this guy's attorney.
    Answer Applies to: California
    Replied: 1/27/2012
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    She would need to go into court to request it be lifted, and the judge decides. Most judges are hesitant unless the defendant has had some probation completed and some anger management classes. The other option is if the defendant can get his probation terminated, because then the court's jurisdiction (and therefore its control over the protective order) ceases.
    Answer Applies to: California
    Replied: 1/26/2012
    Attorney at Law | Dorinda Ohnstad
    Have to get the criminal case put on calendar and go before the judge to have it removed.
    Answer Applies to: California
    Replied: 1/26/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    In my estimation, you will need to hire an attorney to represent whoever is requesting the order be removed. Cannot guess who that would be as no information e ages nd relationships. This is not something you do proper.
    Answer Applies to: California
    Replied: 7/8/2013
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Go to court. Get judge to modify probation and rescind order.
    Answer Applies to: California
    Replied: 1/26/2012
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    You need an attorney to get the matter put on calendar. It is not easy removing a protective order for a minor.
    Answer Applies to: California
    Replied: 1/26/2012
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