How do I request that the court modify the terms of a restraining order in a California criminal case?

To modify a criminal restraining order, you must file a formal motion with the court that issued it, demonstrating a significant change in circumstances since the order was made. Here are the steps to request a modification: Step 1: Complete the Required Court Form You must fill out form CR-165, "Request to Modify or Terminate a Criminal Protective Order." You can obtain this form from the criminal clerk's office at the courthouse where your case was handled or download it from the California Courts official website. Step 2: State the Change in Circumstances On the form, you must clearly explain your reasons for the request. The legal standard requires a "significant change in circumstances." This could include the successful completion of probation, court-ordered classes (like anger management), a substantial passage of time without any violations, or the protected person's consent to the modification. Step 3: File Your Motion with the Court Take the completed form to the criminal clerk's office in the courthouse that issued the original order and file it. The clerk will process your request and assign a date for a court hearing where a judge will consider your motion. Step 4: Formally Notify the Prosecutor You must have a copy of the filed motion delivered to the District Attorney's office. This formal delivery process is called "service." The court clerk can provide instructions on the proper methods for service, and you will need to file proof of this service with the court. Step 5: Attend Your Court Hearing You must appear at the scheduled hearing. The judge will expect you to explain why the modification is necessary. The prosecutor will be present to represent the state's interest. Under Marsy's Law, the victim has a right to be notified and to be heard by the judge, so their input will be considered. Important Details and Nuances The burden of proof is on you to convince the judge that the change is justified. The judge's decision will prioritize the safety of the victim and the public. Even if the victim agrees to the change, the judge can deny your request if they believe a risk still exists. Warnings and Limitations The existing restraining order remains fully in effect until a judge signs a new order changing it. Do not violate the current order while your request is pending, as this will result in new criminal charges and almost certain denial of your motion. This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney to assist you with this process.