Fortunately, filing the necessary paperwork to make a dismissed restraining order official is a fairly straightforward task, particularly when compared to the paperwork required to request a restraining order. Because of the risk that a protected party may be requesting the dismissal of a restraining order due to pressure from the restrained party, California requires court permission before such an order will be dismissed. Even if the judge orders the dismissal in court, the dismissal paperwork must still be filed and signed by the judge.
Acquiring the Forms
The forms necessary to officially discharge a restraining order are available at the court clerk's office at no charge. Some counties, particularly larger counties, have a specific courthouse that handles family law cases. If your county has such a dedicated courthouse, the clerk at this courthouse will provide you with the forms.
Acquiring the Record of the Court's Order
It is important that the contents of the dismissal paperwork match the court's order. If the paperwork does not contain the correct order, the judge will not sign the paperwork and you will have to file the paperwork again. Oftentimes litigants fail to understand everything that the judge says, or they may have missed an important part of the order. For example, the judge may have ordered that the restraining order be dismissed after a specific time period after the hearing had elapsed. This time period must be included in the paperwork. A document called a "minute order" contains the basic information of the order. Use this document to fill in the dismissal paperwork. The court clerk will provide you with the minute order upon request.
Findings and Order After Hearing
The first of the two documents necessary to drop a restraining order is called a "Findings and Order After Hearing," and it is designated form number FL-340. Enter the date, time and department number that the judge ordered the dismissal under item 1 of the form. Also include the judge's name here. Check the "Not applicable" boxes at items 3 through 6 of the form. Check the "As attached" box at item 7. The attached page is the second page of the dismissal paperwork. Date and sign at the bottom of the page. Finally, enter the number "2" in the small field at the lower right corner of the form to indicate that one page is attached.
The second form is simply called an "Additional Page," and is designated form number MC-020. Type or write "ITEM 7:" at the top of the form to indicate that the additional page refers to item 7 of the Findings and Order After Hearing. Enter the court's order from the minute order form acquired in Section 2 after "ITEM 7:." The following language is an example of an order dismissing the restraining order: "Petitioner's request to terminate the restraining order permanently is granted effective October X, 20XX." Write "2 of 2" in the "Page" field at the bottom right corner of the Additional Page, then staple this page behind the Findings and Order After Hearing page and deliver the forms to the clerk.