Obtaining a restraining order in California involves a legal process designed to protect individuals from abuse, harassment, or threats. It's crucial to understand the different types of restraining orders and the steps involved in obtaining one. It’s even more vital to contact a family law attorney near you. They know the laws and can act quickly to protect you or your family.
Types of Restraining Orders in California
California law provides several types of restraining orders, each serving a specific purpose:
- Domestic Violence Restraining Order (DVRO): This type of order protects individuals from abuse by someone they have a close relationship with, such as a spouse, former spouse, dating partner, family member, or co-parent. Abuse can include physical harm, emotional abuse, sexual assault, or stalking.
- Civil Harassment Restraining Order (CHRO): The CHRO order is for situations where the abuser is not a close family member or intimate partner. It covers harassment, stalking, violence, or credible threats of violence from neighbors, co-workers, or acquaintances.
- Elder or Dependent Adult Abuse Restraining Order: The order safeguards people aged at least 65 years old, or people who are dependent and are 18 to 64 years old with physical or mental disabilities. The order covers neglect, physical abuse, financial abuse, isolation, or abandonment.
- Workplace Violence Restraining Order: Employers can seek this order on behalf of an employee who has suffered violence or a credible threat of violence at the workplace.
Steps to Obtain a Restraining Order
The process of obtaining a restraining order generally involves the following steps:
Determine the Type of Restraining Order Needed: Identify which type of restraining order best fits your situation based on your relationship with the abuser and the nature of the abuse.
Fill Out the Forms: You will need to complete specific legal forms provided by the California courts. These forms require detailed information about the incidents of abuse, including dates, times, and descriptions. It's important to be as specific as possible. Common forms include domestic violence restraining order, notice of court hearing, and temporary restraining order.
File the Forms with the Court: Once completed, you must file your forms with the clerk at the Superior Court in your county. There may be a filing fee, but you can request a fee waiver if you cannot afford it.
Attend the Ex Parte Hearing (for Temporary Restraining Orders): In cases of immediate danger, you can request a Temporary Restraining Order (TRO) at the time of filing. A judge will review your request "ex parte" (without the other party present) and decide whether to issue a TRO, which can offer immediate protection until a full hearing.
Serve the Other Party: If a TRO is issued, or if your case proceeds to a full hearing, you must legally "serve" the other party with the filed forms. This means someone (not you) who is 18 or older must personally deliver the papers to the person you are seeking the order against. Proof of service must then be filed with the court.
Attend the Court Hearing: Both parties will have the opportunity to present their case to the judge. You will need to explain why you need the restraining order and provide any evidence you have, such as photos, text messages, emails, medical reports, or witness testimonies. The other party will have a chance to respond.
Judge's Decision: After hearing both sides, the judge will decide whether to grant a permanent restraining order. If granted, the order will specify what the restrained person cannot do (e.g., come within a certain distance of you, contact you) and for how long the order is valid (typically up to five years for domestic violence orders, but can be shorter or longer depending on the type).
Important Considerations
- Safety First: If you are in immediate danger, call 911.
- Gather Evidence: Document all incidents of abuse or harassment. Keep records of dates, times, locations, and descriptions of what happened. Save any relevant communications.
- Legal Assistance: The process can be complex. Consider seeking legal advice from an attorney or a legal aid organization specializing in domestic violence or civil harassment cases. Many court self-help centers also offer assistance.
- Court Self-Help Center: Your local Superior Court's self-help center can provide guidance and resources for filling out forms and understanding the court process, though they cannot provide legal advice.
- Safety Plan: Develop a safety plan, especially if you are experiencing domestic violence. This might include identifying safe places to go, packing an emergency bag, and informing trusted individuals about your situation.
Summary of Steps to Obtain a Restraining Order - Reference Table
| Step | Action | When to Do It |
|---|---|---|
| 1. Determine Type of Order | Identify the appropriate restraining order (DVRO, CHRO, Elder/Dependent Adult Abuse, Workplace Violence) based on your relationship with the abuser and the nature of the abuse. | As soon as you decide to seek protection. |
| 2. Fill Out Forms | Complete the required legal forms (e.g., DV-100, DV-109, DV-110). Be specific about incidents. | After determining the type of order, before filing. |
| 3. File Forms with Court | Submit your completed forms to the Superior Court clerk in your county. Consider a fee waiver if needed. | Immediately after completing forms. |
| 4. Attend Ex Parte Hearing (for TROs) | If in immediate danger, request a Temporary Restraining Order (TRO) at the time of filing. A judge will review your request without the other party present. | At the time of filing, if immediate protection is needed. |
| 5. Serve the Other Party | Arrange for someone (not you, 18+) to personally deliver the filed forms to the restrained person. File proof of service with the court. | After forms are filed and/or TRO is issued, and before the full court hearing. |
| 6. Attend Court Hearing | Appear in court to present your case and evidence (photos, texts, medical reports, witnesses). The other party will also have a chance to respond. | On the scheduled court date. |
| 7. Judge's Decision | The judge will decide whether to grant a permanent restraining order, specifying its terms and duration. | After both sides have presented their case at the hearing. |
Contact a Family Law Lawyer to Support Your Case
Do you need help with a restraining order? A family law attorney can ensure the correct legal steps are taken to protect you. To move forward more positively, getting a lawyer's help is a priority. Contact us now!