Filing a Temporary Restraining Order in California
Individuals can seek protection through an “ex parte”, or emergency court order. Here’s how to get a temporary restraining order in California.
Temporary restraining orders are issued to ensure the protection of individuals before a court hearing can be held for a judge to issue a permanent restraining order. To get a restraining order, first, complete the TRO forms and take them to your local court clerk. If the judge issues a TRO, file the granted forms with the court clerk.
What is a temporary restraining order?
A temporary restraining order (TRO) is an “ex parte” or emergency court order that temporarily protects people from domestic violence, civil harassment, workplace violence, or elder abuse. TROs can be issued without a court hearing to ensure the protection of a person before a judge can issue a permanent restraining order.
California Temporary Restraining Order Elements
A temporary restraining order is only granted when the following two elements have been met:
- The permanent restraining order will likely be issued
- The harm that may potentially affect the requesting party if the TRO is denied outweighs that to the restrained person if the TRO is issued
Temporary Restraining Order Process
To get a temporary restraining order (TRO) in California, fill out the necessary state and local forms, then take them to your local court clerk. The clerk will then give those to a judge, who may issue a TRO. If the TRO is issued, file the forms with the court clerk and continue with California’s restraining order process.
1. Complete the Restraining Order Forms
First, you’ll need to complete the necessary restraining order forms. The type of forms you’ll need to fill out depends on the type of TRO you’re requesting (civil harassment, workplace violence, domestic violence, or elder abuse), and the county in which you’ll be filing the forms. After you’ve found the general forms for your type of TRO by clicking an option above, call your local court and ask if there are any other forms you’ll need to complete. It’s crucial that these forms are properly completed, so hire an experienced attorney to review them before filing. Then, make at least five copies of each completed form.
2. Take The Forms to Your Local Court Clerk
Take your forms to the local court clerk, who will tell you how to proceed. The clerk may give your forms directly to a judge for approval, or you may need to go to the courtroom. Either way, a judge will review the documents and decide whether to issue a TRO. Ask the court clerk when you should return to find out if the judge issued the TRO.
3. Find Out If the Judge Issued a TRO
Come back to the court when the clerk told you to. Ask whether the judge issues the TRO or not. The judge may have issued, changed, or denied the TRO. Either way, a court hearing will be held to determine whether a permanent restraining order should be issued. Ask the court clerk when your court hearing date is. The TRO will expire on this date.
4. File the Forms
If the judge granted your forms, file them with the court clerk. The clerk will stamp all forms “Filed”, then hand you back the copied sets and keep the originals. Unless your restraining order involves threats or violence, you may be asked to pay a filing fee.
5. Continue with California’s Restraining Order Process
After you’ve filed the forms, continue with California’s restraining order process. You will need to distribute the filed forms, serve the restrained person, and attend a court hearing. For more information about how to complete California’s restraining order process, click here.
TRO When Filing for Divorce in California
Spouses may seek a TRO to protect themselves in a divorce. When filing for divorce in California, an automatic temporary restraining order (ATRO) goes into effect to prevent spouses from:
- Committing domestic assault
- Running off with children
- Selling major assets
- Using marital assets as loan collateral
- Changing or canceling insurance policies
- Withdrawing bank or retirement funds
Unless the judge issues a permanent restraining order due to a history of domestic violence, the ATRO will be lifted once the divorce is final.
Ex Parte Motion for a Temporary Restraining Order in California
A temporary restraining order is a type of “ex parte” or emergency court order issued to prohibit a defendant from taking a certain action. In California, an ex parte motion may be granted if:
- A protected person may experience harm before a court hearing can be held to hear a standard motion
- The harm of the protected person outweighs the harm that may be experienced by the defendant if the order is issued without notice
FAQs
What happens at a temporary restraining order hearing in California?
The court clerk will take your forms to a judge, who may issue a temporary restraining order without holding a court hearing. The TRO will last until the court hearing date, where a judge will decide whether to issue a permanent restraining order or terminate the TRO.
How long does a temporary restraining order last?
Temporary restraining orders last until the court hearing date, which is usually between 20 and 25 days from the date filed. At this court hearing, the judge may issue a permanent restraining order or terminate the TRO.
What happens if you miss the hearing for the temporary restraining order in California?
Temporary restraining orders typically do not require court hearings and may be issued by a judge the request is filed with the court. If the person who filed the restraining order does not attend the final court hearing, the TRO will be terminated.
Who can serve a temporary restraining order in California?
Temporary restraining orders can be served to restrained persons by anyone over the age of 18 (NOT you). The service of process can be completed by a:
- Professional process server
- Friend
- Relative
- Any adult uninvolved with your case
How long does it take to get a temporary restraining order in California?
A temporary restraining order can be granted the day you take your forms to the court, but the process usually takes up to 1 business day. A court hearing may be held the day you filed to issue the TRO. TROs are granted “ex parte” to ensure a person’s protection before a full court hearing can be held to issue a permanent restraining order.
Free Consultation with a Restraining Order Attorney in California
If you need to get a TRO in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal situation. Get your free consultation with one of our Restraining Order Attorneys in California today!