Form L-404 at a glance
What it is: Form L-404 is the Petition for Modification of Protective Order in Criminal Proceeding, Domestic Violence Case and Request for Hearing.
Who signs: The Petitioner signs on the line marked (Signature of Petitioner); the 4 before it is not a number.
A filled-in Form L-404 example: a defendant asks to change two terms
How to fill out Form L-404, box by box
Justice center
Under SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE, JUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701; Harbor-Newport Beach - 4601 Jamboree Rd., Newport Beach, CA 92660; Harbor-Laguna Niguel - 30143 Crown Valley Pkwy., Laguna Niguel, CA 92677; North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500; West - 8141 13th Street, Westminster, CA 92683.
Defendant named on the protective order
In 1, print Your Name as the Petitioner, who declares the following: a. I am the defendant named on the protective order in the case.
(1) In support of this request, I am providing a copy of a current progress report from the court-ordered program (circle all that apply): Domestic Violence / Batterer's Treatment / Child Abuser / Drug and Alcohol.
(2) I have completed the court-ordered programs.
(3) Another Protective Order, Restraining Order or Child Custody Order is in effect and was issued by: Name of Court, Case Number, Case Name and Case type.
Protected person named on the protective order
If you are the protected person named on the protective order in the case, check box b, after (3): I am the protected person named on the protective order in the case.
(1) I have proof of the number of sessions of the Choices Personal Empowerment Other program (specify program) attached.
(2) I am freely and voluntarily asking the court to modify the Protective Order terms ordered on the named defendant whose address is:
(3) I have discussed my decision to request a modification with the Victim Specialist.
Parent or guardian of the protected person
c. I am the parent or guardian of the protected person(s) named on the protective order in the case.
(1) I am freely and voluntarily asking the court to modify the Protective Order terms ordered on the named defendant whose address is:
Terms of the protective order to modify
In 2, I request a hearing for consideration of modifying the following terms listed on the protective order (check all that apply):
a. Remove Add: Must have no personal, telephonic, or written contact with the protected person.
b. Remove Add: Must have no contact with the protected persons through a third party, except an attorney of record.
c. Remove Add: Must not come within ____________ yards of protected person.
d. Remove Add: Other:
Information in support of this request
In 3, in support of this request, I am providing the court with the information (attach separate page if necessary).
Signing under penalty of perjury
"I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct."
Fill in the Date and Type or print name.
The Petitioner signs on the line marked (Signature of Petitioner); the 4 before it is not a number.
More rules for Form L-404
Under ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Address.), do not list address if you are the victim.
You will be notified by the court of a hearing date.
A copy of this petition and a Notice of Hearing may be forwarded to all parties for review.
Each party will have the right to attend the hearing and oppose the petition.
Sources
[1] Form L-404 (Revised July 1, 2006), Petition for Modification of Protective Order in Criminal Proceeding, Domestic Violence Case and Request for Hearing, Superior Court of California, County of Orange (the Official source link on this page).