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- Go to the (usually Superior Court) and complete the necessary restraining order. Alternatively, your family law or another attorney can complete the forms. It is deemed a type of self-help. In the forms, describe why you are requesting protection from another party.
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Civil Harassment Restraining Orders in California. This guide can help you: Follow the process to ask for a restraining order. Ask to renew a restraining order. Know what you must do if you received restraining order papers. Find free resources for help with the process. Find information, support, and resources.
If you need a restraining order, first find out what type of restraining order you need. Your court's Self-Help Center can help if you're not sure. Once you know, select that type to find the type of protection it offers, how to ask for one, and how to renew or enforce it.
1. What is a restraining order? A restraining order (sometimes called a protective order) is a court order designed to protect you from another named party. In general, California’s Code of Civil Procedure says that it can protect against: harassment, physical abuse, stalking, or; threats of violence. 1; In addition, a protective order can ...
- What is a restraining order?A restraining order, also referred to as a “protective order,” is a court order that is designed to protect a person from another named party. In g...
- Are there different kinds of protective orders?California law recognizes four types of restraining orders. These include: domestic violence restraining orders, elder or dependent adult abuse res...
- How long does a court order last?The maximum length of a restraining order is five years from the court date or court hearing date upon which the order was issued.
- What happens if a person violates an order?A violation of a protective order is a crime per California Penal Code 273.6 PC. A violation of Penal Code 273.6 is a misdemeanor in most cases.
- Can a restrained party possess a firearm?The language of most restraining orders will prohibit a restrained person from owning or possessing a firearm for the duration of the order. Protec...
- How does a person get a restraining order?A person can get a restraining order by going to the California courts (usually Superior Court) and completing the necessary restraining order form...
- How do you challenge a restraining order?The restrained party should hire a criminal defense attorney to challenge the order at the permanent restraining order hearing. These hearings typi...
- What proof do you need for a restraining order?California courts typically grant temporary- or emergency restraining orders based solely on the victim's allegations. But in order to get an exten...
