How to File a Restraining Order in California

March 30, 2020
Photo of Filing a Restraining Order in California

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.