How to File a Restraining Order in California

How to file a restraining order is a process you’ll need to know if you feel like you’re in a dangerous situation and need legal protection.

Read further to learn more.

Introduction

Living life is not going to be easy on a daily basis. There are going to be struggles and challenges that we have to deal with. And, although we hope to never face situations that require us to be fearful of someone else, that time comes for some people.

For those looking to seek protection from someone who has been violent or threatening violence amongst other things, a restraining order can be filed.

Restraining Orders: Defined

A restraining order is a court order that helps to protect a person from another person. While they are all designed to do the same thing, there is a slight variance from state to state. According to California’s Code of Civil Procedure, restraining orders can protect someone from harassment, physical abuse, stalking, or threats of violence.

Restraining orders can be put into place protecting you from anyone, including a spouse, boyfriend/girlfriend, neighbor, roommate, friend, family member, or any other person you are either related to or not.

As it is entered within the court system, it can protect in a couple of different ways, such as stay away orders, personal conduct orders, and residence exclusion orders.

• Stay-away orders are meant to keep the restrained party a set distance away from the party who filed for the restraining order. The order can keep someone away from certain places, such as work, home, or other frequently visited places.
• Personal conduct orders are entered to keep the party from engaging in certain activities, including making threats, harassing with phone calls, assaulting, etc.
• Residence exclusion orders are intended to offer protection at one’s place of residence.

Working with an attorney is a great way to be able to determine the best option or combination of restraining orders for your needs.

Types of Restraining Orders

Because there can be many different ways in which a person can feel threatened or in fear, there are a few different types of restraining orders available. Again, these will vary from one state to the next but in California, there are 4 types of restraining orders. They are as follows:

Domestic Violence. For those who have been abused by a person they are in a close relationship with, this is the chosen type of restraining order. This includes spouses (married, divorced, or separated), domestic partners, boyfriend/girlfriend, those living together, family members, or in-laws.

Elder/Dependent Adult Abuse. Restraining orders for elder or dependent adults are for the protection of those who are over 65 years of age or older (or younger adults with mental/physical disabilities) who have been subjected to abuse or neglect.

Civil Harassment. This type of restraining order is used to protect against those who are being harassed, stalked, sexually assaulted, or threatened with violence. And can be used against those who are not closely related to you.

Workplace Violence. Employers looking to protect an employee from immediate danger or a credible threat of violence can have this type of restraining order put in place. It must be initiated by the employer only.

How Long Restraining Orders Last

There are different time-frames available for restraining orders based on whether it is a temporary or emergency order, for instance. Some may last a couple of days, others a couple of months. And, while their time frame can be extended – restraining orders in California cannot extend past 5 years.

How to File a Restraining Order in California

So, now that we have learned about the many protections that are offered thanks to restraining orders, let’s get into how to file for one in California.

First, you will want to fill out the appropriate form for the type of restraining order you are seeking. Review it carefully to make sure it is filled out correctly – and make copies so that you have them in case you need it. Then, file the original with the court. 

The clerk will guide you on what to do next as sometimes they will send you straight to the judge with the request while other times the clerk will handle the delivery. Either way, the judge has until the next day to enter the restraining order so you will want to follow up with the court to see if the order was entered – and if there were any changes made to it.

Make sure everyone who needs a copy of the restraining order has it. This makes it easy for law enforcement to enforce the order quickly if the need arises. Always keep a copy with you, keep another copy in a safe place, give a copy to anyone else who is protected by the order, and if there are places that are not to be accessed per the order (such as a school or workplace) make sure the person in charge has a copy, too.

Finally, you need to serve the restraining order on the person that is being restrained by the order. This service is done by a third party or process server. Certain rules need to be followed which means it may be easier to do this through an attorney to ensure that everything is done legally and that you are protected.

The Importance of an Attorney

If you are filing for a restraining order, then you are in fear for one reason or another. That means you want to do everything possible to ensure you are protected by a court order. One misstep could lead to unwanted circumstances. Therefore, to protect yourself, it is best to consider hiring an attorney.

With experienced legal representation, you can rest easy knowing that you will have the proper restraining order documents filed, presented to the judge, and entered for your protection. Having it properly served so that the restrained party is aware will also be handled properly.

This can be a tough time of your life – and one during which you may have many questions. Having someone on your side means you can get the answers you need and will know exactly how to handle any situation that may arise.