The Process of Filing a Restraining Order
Kaass Law 815 E Colorado St #220, Glendale, CA 91205 (310) 943-1171
- 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.
Specific criteria must be met in order for a temporary restraining order to be issued by a judge. One requirement is having the likelihood of irreparable harm without an adequate legal remedy.