How do you get a criminal protective order taken off by the courts?

UPDATED: Aug 19, 2011

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How do you get a criminal protective order taken off by the courts?

My boyfriend got arrested for burglary on his mother’s house while she was out of town. They arrested him and put some sort of criminal protective order on his mother so she can’t get a hold of him and he can’t talk to her. Well she never pressed charges on him but the DA decided to do so anyway. How does his mother get this restraining order taken off? She already went to the courthouse several times and demanded they remove it but they won’t. What does she do?

Asked on August 19, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In order for the criminal protective order to be removed with respect to your boyfriend and his mother, the mother would have to file a motion to have it removed (or your boyfriend) and the mother would have to sign a declaration stating the reasons why she wants it ended.

The pleading would be filed with the court, a hearing date set and the court would then make a decision as to remove or not remove it.

I suggest that a criminal defense attorney be retained to file this type of a motion.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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