How to File a Restraining Order in California

March 30, 2020

Deciding to file a restraining order is not easy. You may need protection but may not know where to start. How can you protect yourself and your loved ones quickly? What type of restraining order do you need? Do you know how to file a restraining order in California? Fortunately, filing a restraining order is easier with an experienced family law attorney on your side. Your attorney can help you through this difficult time and protect you and your family.

Types of Restraining Orders in California

There are three main types of restraining orders in California. These restraining orders prevent individuals from coming close to you for specified amounts of time. Understanding these restraining orders is important when filing.

Emergency Protective Order

Only a law enforcement officer can request an emergency protective order. This most often occurs after police enter a property for domestic violence. If the officer has reason to believe that domestic violence occurred, they can file an emergency protective order. A judge issues this order and it is enforceable for one week. This order prevents the abuser from re-entering the home, even if they share this home with the victim.

Temporary Restraining Order

You can apply for a temporary restraining order if you are in immediate danger and need protection. These orders typically last from 20 to 25 days. In the end, you must attend a hearing to determine whether the judge will issue a permanent restraining order. A temporary restraining order offers immediate and quick protection from abuse and harm.

Permanent Restraining Order

Once a temporary restraining order expires, a judge will decide whether to issue a permanent restraining order. During the hearing, the judge will review the details of the case and determine if the person asking for protection is in danger. If a judge issues a permanent restraining order, the length of protection time varies. A domestic violence restraining order is valid for five years. A civil harassment restraining order is valid for three years.

How to File a Restraining Order in California

Before filing a restraining order in California, it is important to seek legal help. Our San Jose restraining order attorney may be able to help you during this time. There are many steps involved in filing a request for a protection order. It is important to file the correct paperwork. In general, there are several steps for filing a request for a restraining order. These steps may include:

Step One:

Fill out various court forms including, but not limited to:

  • Request for Domestic Violence Restraining Order (DVRO)
  • Notice of Court Hearing
  • Temporary Restraining Order
  • Request for Child Custody and Visitation Orders
  • Child Custody and Visitation Order
  • Request for Order: No Travel With Children

Step Two:

File court forms with the court.

Step Three:

Have the restrained person served papers.

Step Four:

Attend the court hearing.

Contact Our San Jose Retaining Order Attorney for Help

If you need to file a restraining order, it is important to know what to do. This is often a difficult decision and one you should never face alone. As such, it is important to find an experienced San Jose restraining order attorney to fight for you.

At the Law Offices of Thomas Nicholas Cvietkovich, we offer free consultations to help you during this stressful time. Our lawyer will meet with you to discuss your future and help answer all of your questions about your restraining order. Call us today at (408) 404-8656 or fill out our online contact form. We are here when you need us.

How Could a Restraining Order Help Me?

February 21, 2019

You may want to file a restraining order if you are the victim of physical, verbal or mental abuse. There are different types of California restraining orders. Your options for filing a California restraining order can depend on your relationship with the abuser. If the abuser is your spouse, significant other or a close family member, filing a domestic violence restraining order (DVRO) may be your best option.

A California restraining order could help you in many ways. A restraining order could include the following orders:

Stay-Away Orders

The court can order your abuser to keep a certain distance. This order can include your school or workplace, your vehicle and other places that you frequently visit. If you live together, the court could order the defendant to leave the property.

You can request that the court order the defendant to stay away from your children and their places of school and work. Also, you can include protection for other household or family members in your restraining order.

Personal Conduct Orders

In addition to stay-away orders, the court can prohibit the defendant from contacting you. Contact can include, but is not limited to, telephone, text, e-mail or letter.

The restraining order could also forbid the defendant of committing further abuse.

Custody Orders

You may request that the court grant legal and physical custody of your children. Keep in mind that the defendant may be granted visitation rights under specific orders.

In addition, the court could order the defendant to pay child support.  

Gun and Firearm Orders

Under California law, the court may require that the restrained person not possess or own any firearms or ammunition while the restraining order is active. The defendant must show proof that their firearms have been turned in or sold.

What If My Abuser Violates My Restraining Order?

If your abuser violates their restraining order in any way, call the police and report it. It is a crime to violate a restraining order.

If the restrained person contacts you electronically, document the violation. Write down as much information about it as you can or take pictures.

Speak With a San Jose Restraining Order Attorney About Your Situation

If you are the victim of abuse and want to file a California restraining order in San Jose or the surrounding Bay Area, we recommend that you speak with an experienced, San Jose restraining order attorney to discuss your situation. If you have an intimate or close relationship with your abuser, filing a DVRO may be your best option.

Our San Jose restraining order attorney could help you understand your legal options. We could also help you file a restraining order. Contact the Law Offices of Thomas Nicholas Cvietkovich online or call us at (408) 404-8656 for a free, confidential consultation.

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