How to File a Motion to Modify a Restraining Order in California

Victims of abuse can file and modify a California restraining order to increase protection.

Restraining orders in the state of California are ordered for various reasons such as spousal abuse, workplace violence, threats on one's life or child abuse. In some cases, restraining orders may require modification due to unforeseen circumstances. To modify a California restraining order, there are steps you must take that are similar to the original filing. It is recommended that you seek legal counsel before filing a motion to modify your restraining order.

Instructions

1. Download Form FL-300, "Order to Show Cause" and Form FL-310, "Application for Order and Supporting Declaration" from the California Courts Self-Help Center's main website. These are the forms required to modify an existing restraining order in the state of California.

2. Fill out all forms in their entirety. You will need your case number, identifying information for you and the person to be served as well as just cause for modification. You may enlist the services of a family law attorney to help with these forms.

3. Sign and copy your modification forms. Keep a copy for your records and submit the originals to your local clerk of court's office. You must submit the originals to the clerk of court for legal filing.

4. File with your local sheriff's department or a court due process server to have copies of your modification forms delivered to the person who you have the order against. You can hire someone 18 or older to deliver the paperwork; however, he will have to fill out a legal form showing paperwork was served. This will be filed with your motion at the clerk of court's office.

5. Arrive at your scheduled court hearing early to ensure that you are counted present. Legal counsel is available through personal paid legal service or domestic violence advocate services in California. The final decree of the judge regarding your motion will be filed with the clerk of court for future reference and you will be given a copy of the decree.

References

• California State Website: Code of Civil Procedure
• Superior Court of California: Civil Fee Schedule

Resources

• California Courts: Forms