HOW TO OBTAIN RESTRAINING ORDER IN CALIFORNIA?
In California, temporary and permanent restraining orders are granted in family court, in cases of domestic violence (DV). There is no fee for filing a DV resraining order in California. Once restraining order has been filed, protection is granted by the police officers and criminal courts. In order to file for Domestic Violence Restraining Order in California, you first need to prove that the person you want to restrain is/was your spouse, boyfriend/girlfriend, someone of blood relation, or someone whom you have a child with.
Then, you must prove that the person you are seeking to restrain:
Even if your situation does not coincide with any of the cases above, you may still be able to receive a standard civil restraining order. Once you apply for a restraining order, a clerk will give you a court date. If you need any protection before your court date, you can ask the judge to grant you temporary protection. In case the judge denies your request, you may still seek a ‘permanent’ restraining order, for up to 5 years, after which you can ask the judge for an extension of the restraining order.
- Caused or attempted to cause you physical injury.
- Sexually assaulted you.
- Made you fear that you or another person is in immediate danger and can cause serious
- physical injury.
- Molested, attacked, striked, battered, or stalked you.
- Threatened or harassed you in person, over the phone, via email or letter.
- Destroyed your personal property.
- Disturbed your peace.
Will the restraining order still be valid if you move to another state?
Yes. The restraining order will be valid if you move to another state. Though, it will be a good idea to register your restraining order with the local court and/or law enforcement agency. Our exerpienced attorneys at the Margarian Law Firm are prepared to take on your restraining order cases today. We have had many successful outcomes for family law matters in the past. Thus, we will do our best to help you make the best decision for your case.
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