Are You Wondering How to Get a Restraining Order in California?
Specific criteria must be met in order for a restraining order to be issued in California. One requirement is having the likelihood of irreparable harm without an adequate legal remedy.
Information About How to Get a Restraining Order in California
A victim in California who would like to file a restraining order against an abuser must first apply for a Temporary Restraining Order (TRO) in court. The TRO will be granted on the same day as the victim applies for it. As a result, the abuser will be notified about the restraining order that has been filed against them. The TRO will stay in effect for about approximately 2 – 3 weeks. At the end of the 2-3 weeks, there is a court appointed hearing called a “Order to Show Cause” which gives the abuser a chance to share their side of the story.
During the “Order to Show Cause,” the judge will decide whether or not to extend the Temporary Restraining Order(TRO) into a Permanent Restraining Order. If the extension is not approved by the judge, the TRO will be dropped.
Overview on How to File a Restraining Order in California
- A Permanent Restraining Order can be filed after a Temporary Restraining Order (TRO) stays in effect for about 15-20 days.
- Temporary Restraining Orders are usually filed after an “ex parte” order given by a court appointed judge. This requires the victim to complete a filing with the court, and it gives the abuser official notice and provides him/her an opportunity to share their side of the story in court, the TRO will be granted on the same day.
- The TRO will stay in effect for 15-20 days, or until the court-ordered hearing “Order to Show Cause” in order to evaluate the situation with allowing both parties to present themselves in court and tell their side of the story.
- During the “Order to Show Cause” the TRO may is subject to being modified or canceled, and it is also possible that it becomes extended to a permanent Restraining Order.
- If the abuser violates the terms of a restraining order, it is up to the victim to notify police.
In order for the judge to extend a TRO into a permanent restraining order, specific legal criteria must be met. You have the right to receive legal help from an attorney.
Our restraining order attorney in Los Angeles can provide you with any restraining order filing services that you may require. If you are not sure of what you are doing, receiving help from an experienced restraining order lawyer in California can be the best possible choice for you. Restraining order attorneys in California are familiar with all the specific legal requirements of having a restraining order filed in this state. As a result, the help of a restraining order attorney should maximize anyones chances of having a restraining order successfully filed against an abuser.