June 03, 2020

How to Get a Restraining Order

If you’re the victim of harassment or abuse, you may be searching for ways to file a restraining order. If you are in immediate danger, be sure to call the police. You may also want to hire an attorney, especially if you’re filing a restraining order against a domestic partner, spouse, or anyone you have a domestic relationship with.

Read on for more information on how to get a restraining order in California.

Civil Harassment Restraining Order vs. Domestic Violence Restraining Order

The two main types of restraining orders in California are the civil harassment restraining order and the domestic violence restraining order.

Civil harassment orders are for those who are harassing, stalking, threatening, or otherwise abusing you but who are not related to or in a relationship with you.

Domestic violence restraining orders are made against an abuser who has a “domestic” relationship with you. A domestic relationship could involve a family member, such as a sibling or parent, but it’s often a spouse or domestic partner.

Whichever restraining order you use, the steps are similar:

  • You must first complete the appropriate forms or paperwork explaining why you need a restraining order.
  • The judge will issue a temporary restraining order.
  • The person must be served with the restraining order papers.
  • There will be a hearing, where the restrained party will have a chance to respond. If the restrained party does not show up at the hearing, his or her side of the story will not be heard.
  • If the judge decides to issue the restraining order, it will last for five years, at which point you could renew the order as needed.

Help with Filing a Restraining Order

If you are being harassed or abused, call a family lawyer to get more information on how to get a restraining order in California. Remember—you should contact the police if you’re in immediate danger.

The Law Office of Laurence J. Brock can help you sort out a domestic violence situation, and we can help you serve a restraining order to the party who has been abusing you. We offer free, confidential case discussions. Fill out the form below or call 909-466-7661 to schedule yours.

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