How to Obtain a Restraining Order in California: The Process and Legal Requirements

Many people are repeatedly harassed or abused by family members, co-workers, or potentially friends or acquaintances who may be obsessed with them and want to stalk their every move. If you are dealing with this situation, it can be frightening. 

The good news is that you can get a restraining order, also known as a protective order. This is a court order that can protect someone who is a victim of another person’s behavior.

The restrained person will have to follow the restrictions outlined in the restraining order. This can have serious consequences such as the following:

• They will not be able to go to certain places or to do certain things.
• They have to move out of their home.
• They may not be able to see their children.
• They may not own any firearms.

A person who violates the restraining order may go to jail or pay a fine.

What Can a Restraining Order Do?

A restraining order can do the following:

• Prohibit contact. It typically orders the person named in the order to stay away from the individual who requested it. This can include staying a certain distance away from their home or workplace.
• Prohibit communication. It may prohibit any form of communication, including phone calls, text messages, emails, letters, or social media contact.
• Include restrictions. A restraining order might include specific restrictions, such as not possessing firearms or not attempting to harm or threaten the individual.
• Provide civil and criminal protection. A restraining order can provide both civil and criminal protection. This means that violation of the order can lead to both civil penalties (like fines) and criminal charges (like misdemeanor or felony charges).
• Address custody and visitation. In cases involving domestic violence or child abuse, an order might also address issues related to custody and visitation.

How to Get a Restraining Order

If you are being harassed by someone or are a domestic violence victim, you can get a restraining order against them. Here is a look at the process:

• Determine the type of restraining order needed. California offers four different types of restraining orders: domestic violence orders, civil harassment orders, elder or dependent adult abuse restraining orders, and workplace violence restraining orders. 
• File the necessary forms. Next, you will need to fill out the appropriate forms. These forms can typically be obtained from the courthouse, or sometimes online through the California Courts website. Fill them out accurately and completely.
• File the forms with the court. Take the completed forms to your local courthouse and file them with the clerk’s office. Filing fees will apply.
• Review by the judge. After you file the forms, a judge will review your petition. If the judge believes there is enough evidence to warrant a restraining order, they may grant you a temporary restraining order. This order will be valid until a hearing can be held, usually within a few weeks.
• Service of process. Once the order is granted, it must be served to the person you are seeking protection from. This is typically done by having a law enforcement officer or a process server deliver the documents.
• Attend the hearing. Both parties will have the opportunity to present evidence and testimony at the hearing. If the judge finds that a restraining order is necessary, they may issue a permanent one, which can last for up to five years.
• Follow up. After the the order is issued, keep a copy of it with you at all times. If the restrained person violates the order, contact law enforcement immediately.

How Long Does a Restraining Order Last?

The maximum length of a restraining order is five years from the court date or court hearing date upon which the order was issued. However, a temporary restraining order may last just a few months. An emergency protective order lasts up to five business days or seven calendar days. Law enforcement officers can issue an emergency protective order when responding to a domestic violence call if they believe you require immediate protection from another person and

they get court approval from a judge. You can have an order extended if you feel threatened by your abuser.

Contact Us Today

Restraining orders may be needed for various reasons. If you are being harmed or threatened, be sure to get one as soon as possible so you can protect yourself and your children, if applicable. 

The Law Offices of David M. Lederman has the knowledge and experience to assist you with restraining orders and other family law issues. To schedule a consultation with his office, fill out the online form or call (925)522-8889.