When a California court issues a Domestic Violence Temporary Restraining Order (DVTRO) against someone, that order typically contains several very strict and very specific provisions. These provisions must be followed closely and properly so that the person who had this order issued against him or her avoids serious legal problems that could include an arrest and incarceration. However, that does not mean that such an order cannot be modified, but those who would like to attempt this modification should seek the help of experienced San Diego domestic violence lawyers. Below is a brief overview of this issue.
Typical Aspects of a DVTRO
When a California court issues a DVTRO, the person who is being enjoined will typically be prevented from having any type of contact with the person who is being protected. This will usually include provisions that prevent the enjoined party from entering the property where the protected person lives, approaching his or her place of work or even contacting that protected person by phone.
There is no set duration for these orders, and in general they remain in effect until the court acts on the order further to either extend it indefinitely, modify it or to cancel it for any number of reasons. Courts have a large degree of discretion in these situations and can usually act according to what they feel is the best solution for the matter at hand.
Modifying a DVTRO
Modifying a DVTRO can be done, and this process can be initiated by either party for several different reasons. However, the fundamental basis for modifying a DVTRO is that there has been some sort of substantial change in circumstances, and the moving party needs to prove that these circumstances have changed.
There are many different examples of substantial changes in circumstances, such as one party moving out of state, one party showing that there has been a material change in the facts that led to the issuance of the order in the first place or that justice would generally be served if the court dissolved the order.
How San Diego Domestic Violence Lawyers Can Help
Obviously, modifying or changing a DVTRO is a process that must be done properly in order for the person for whom the order applies to avoid serious problems. Therefore, those who want to modify this type of order should seek the help of experienced San Diego domestic violence lawyers who have been helping clients resolve these issues for many years. Contact the Men’s Legal Center today to schedule an initial consultation.