Getting a Restraining Order in California

Getting a Restraining Order in California

The first thing you need to know about getting a restraining order in California is that you can’t simply go around filing one against anyone who gives you the side-eye. You do have to have a legitimate reason for needing one. When you decide to get a restraining order filed against someone, you must legitimately feel that you’re being harassed, stalked, or abused. You’ll have to provide evidence of this behavior in court.

Types of Restraining Orders in California

The most common types of abuse restraining orders in California involve:

✦ Workplace harassment
✦ Domestic violence
✦ Stalking
✦ Elder abuse

Proving You Need to Get a Restraining Order in California

Each state has their own guidelines when it comes to filing restraining orders. If you’re worried that you or your children are at risk of physical abuse, you’ll need to prove a history of physical abuse or show that the person you’re naming in the restraining order has threatened violence against you. In many cases, an arresting officer can arrange for an emergency restraining order that goes into effect right away until you have to prove your case in court. If you have children, you want to make sure that the restraining order keeps your attacker away from them.

Psychological abuse is dangerous and it is grounds for a restraining order. Obtaining the restraining order requires that you can prove the person named in the order deliberately set out to humiliate, frighten, intimidate, or isolate you. The court will order the restraining order when they feel the psychological abuse makes it impossible for you to enjoy a reasonable quality of life or are unable to do your job correctly.

In divorce cases, depletion of assets restraining orders have been issued. These restraining orders become an issue when you’re able to prove that your estranged spouse is working to move/hide shared money and assets. It is also used when a spouse has a history of destroying assets.

Filing for a Restraining Order in California

Getting a restraining order in California involves a great deal of paperwork which is why it’s a good idea to enlist the help of an experienced lawyer. In most cases, the paperwork needed is straightforward but there are some special circumstances when the special forms and procedures are required. If there is a single mistake, the court will likely through the case out and you’ll have to start over.

The basic forms needed to get a restraining order in California include:

Request for Domestic Violence Restraining Order
✦ Notice of Court Hearing
✦ Temporary Restraining Order

The next step is making sure the forms are properly filed with the court. In most situations, once the paperwork is filed, a judge issues a temporary restraining order. This temporary restraining order only stays in effect until your case officially goes before the judge.

Keep all the paperwork the court issues with you at all times. You’ll need to show it if the restraining order is violated and the police are called.

You must attend the court hearing that decides if a long-term restraining order will be granted. If the judge doesn’t feel you have sufficient evidence to for a restraining order, you are allowed to file an appeal.