Obtaining a restraining order can provide critical protection in cases involving harassment, abuse, or threats. Understanding the process and what the court considers can help you navigate this challenging situation.
Types of Restraining Orders
California offers several types of restraining orders, including:
- Domestic Violence Restraining Orders: For individuals abused by someone they have a close relationship with (e.g., spouse, partner, co-parent).
- Civil Harassment Restraining Orders: For individuals experiencing harassment or threats from someone they do not have a close relationship with.
- Elder or Dependent Adult Abuse Restraining Orders: For seniors or dependent adults subjected to abuse.
- Workplace Violence Restraining Orders: Requested by employers to protect an employee from violence or threats at work.
Filing for a Restraining Order
To obtain a restraining order, follow these steps:
- Complete Forms: Fill out the required forms, including a request for a restraining order and any supporting declarations.
- File Forms with the Court: Submit the forms to your local courthouse. There may be no filing fee for cases involving domestic violence.
- Request a Temporary Restraining Order (TRO): A judge may issue a TRO, providing immediate protection until the court hearing.
- Attend the Court Hearing: Both parties will have an opportunity to present evidence and testimony. Bring any documentation, such as police reports, medical records, or witness statements, that supports your case.
What the Court Considers
When deciding whether to grant a restraining order, the court evaluates:
- Evidence of abuse, harassment, or threats.
- Any history of domestic violence or prior restraining orders.
- The credibility of each party’s testimony.
- The impact on children, if applicable.
Potential Outcomes
- Granted Restraining Order: Provides protection for a specified duration, typically ranging from 1 to 5 years.
- Denied Restraining Order: If insufficient evidence is presented, the court may deny the request.
Key Information to Provide to the Court
When seeking a restraining order, it’s essential to provide:
- Detailed descriptions of incidents, including dates and locations.
- Evidence such as text messages, emails, or photos.
- Witness statements or testimony.
- Police reports or medical records, if applicable.
How Can a Family Law Attorney Help?
An experienced attorney can guide you through the process, ensuring your paperwork is complete and your case is effectively presented. If you need a restraining order, contact my office for assistance.
