Everything to Know About California Restraining Orders
Here’s what you need to know about restraining orders in California. We’ll explain how to get a restraining order and the types of order California offers.
Victims of physical or sexual harassment or abuse seeking to protect themselves can request either a civil harassment, domestic violence, workplace violence, or elder abuse restraining order. If filed and granted, the restraining order can establish terms of personal conduct, stay-away, and residency exclusion.
What is a restraining order?
A restraining order, also called a “protective order”, is a court order that protects someone from being physically or sexually stalked, harassed, threatened, or abused. The person requesting the restraining order is called the “protected person”, and the person the restraining order is against is called the “restrained person”. If the order is violated by the restrained person, he or she may face criminal charges.
What can a restraining order do?
In California, restraining orders can:
- Require certain physical distance between restrained and protected persons
- Limit a restrained person’s conduct
- Force an individual to stay-out or move-out of a residence
The rules of a California restraining order depends on your specific case. Some cases may include mandates that others won’t.
1. Stay-Away Orders
A restraining order can require that the restrained person keeps a certain physical distance (usually 100 yards) from the protected person(s) and their:
- Residence
- Workplace
- Vehicle
- Child’s school or daycare
2. Personal Conduct Orders
A restraining order can order a restrained person to cease personal conduct with the protected person(s), including:
- Contacting
- Calling
- Emailing
- Stalking
- Threatening
- Harassing
- Disturbing the peace
- Destroying physical property
- Assaulting
3. Residence Exclusion (Stay-Out or Move-Out)
A residence exclusion order can force a restrained person to stay out or move out of the protected person’s residence. Stay-out or move-out are typically ordered in domestic violence or elder abuse restraining order cases.
What types of restraining orders are there?
In California, there are four types of restraining orders:
Click here for more information about these types of restraining orders.
How to Get a Restraining Order in California
To get a restraining order in California, fill out your state and local court forms for the type of restraining order you’re requesting. Take the completed forms to the court clerk, then find out if the judge issued a temporary restraining order. File the granted forms, and distribute copies of the temporary restraining order. Serve the papers to the restrained person, then attend the court hearing. If the permanent restraining order is granted, prepare and file any final paperwork.
1. Fill Out the Court Forms
The court forms you must fill out depends on the type of restraining order you are requesting. Click here for detailed information about which standard forms must be filled out for your specific case. Also, you may need to complete local forms as well. Call your county court and ask if there any additional documents you must complete as well. It’s crucial that these restraining order forms are properly filled out, so have them reviewed by an attorney before filing.
Understand that the information presented on this form will be served to the person you are seeking protection from. Do not include any information on these forms that you would not like the served person to see (like your address). You can request a “Safe at Home” form to keep your home address and other personal information confidential.
You should make at least 5 copies of each form. One copy will be for yourself, and another will be served to the restrained person. The original forms will be kept by the court.
2. Take Completed Forms to Court Clerk
After you’ve filled out these forms, take them to your local court. The court clerk will tell you how to proceed. You’ll need to either go straight to the courtroom, or the clerk may directly give your forms to the judge. A judge will review the documents and decide whether or not to grant a temporary restraining order. Ask the court clerk when you should return to see if your request for the restraining order was granted. You’ll most likely find out within 1 business day.
3. Find Out If The Judge Issued the Temporary Restraining Order
Return to the court (at the time the court clerk told you to) and find out if the temporary restraining order was signed or changed. A court hearing will be held to determine the final restraining order. Find out when your court hearing is and when the temporary restraining order will expire. For more information about how to get a temporary restraining order in California, click here.
4. File the Granted Forms
If granted, the court clerk will file your restraining order forms. The court clerk will stamp all forms “Filed”, hand you back the copied sets, and keep the originals. You may need to pay a filing fee.
5. Distribute Copies of the Temporary Restraining Order
If your temporary restraining order was granted,
- Keep one copy on you at all times
- Keep another copy in your records
- Leave copies at any place where the restrained person is not allowed
- Distribute copies to security guards at your residence and workplace
- Distribute copies to other protected persons
6. Serve the Papers
Get someone over the age of 18 (not you or anyone involved in your case) to serve the paperwork to the person you are seeking protection from. The paperwork can be served by a friend, relative, professional process server, or sheriff. The service of process will need to be completed by an exact date, so find out when. After the process server has served the paperwork, have them complete their Proof of Service, then file it with the court.
Serving papers in a restraining order process is very difficult and must be completed properly. One of our experienced attorneys can ensure the service of process is correctly done.
7. Attend the Court Hearing
Prepare for your court hearing by gathering evidence of abuse and any documents that you’ve already filed. Evidence that can strengthen your request for a restraining order includes:
- Police reports
- Photos
- Emails or text messages that display threats
- Witness testimonies
Get to the courtroom 30 minutes early. At the restraining order court hearing, the judge will ask the protected and restrained persons a number of questions. Answer these questions truthfully and respectfully. The judge will make a decision at the end of the hearing.
8. Prepare Any Final Paperwork
If the judge makes a restraining order, you may need to prepare and file some final paperwork. After your court hearing, ask the court clerk if you will need to do so. Hire a restraining order attorney to make sure this last part of California’s restraining order process is properly completed.
FAQs
What happens at a restraining order hearing in California?
At the restraining order hearing, the judge will ultimately determine whether to grant or deny the request. In court, the judge may:
- Grant the restraining order
- Grant certain requests of the restraining order
- Deny the restraining order
- Postpone the case
Are restraining orders public record in California?
Yes, restraining orders are public record in California. You can request a certified copy of a restraining order through your local court.
How long can a restraining order last in California?
In California, a restraining order can last up to 5 years. Temporary restraining orders typically last between 20 to 25 days, until the court date.
What happens if a restraining order is not served in California?
If the restraining order was not served, the person requesting the order can ask the judge to set a new court date and extend the temporary restraining order until then. The restrained person must be served before attending court.
Why can’t you get a restraining order against ex in California?
Some people falsely believe that you can’t get a restraining order against an ex-spouse or former partner. Domestic violence restraining orders are used to restrain former or current partners or family members.
How long does it take to get a restraining order in California?
A temporary restraining order can be granted on the date it is requested, but it can take up to 3 weeks to attend court and get a permanent restraining order.
What are the grounds for a restraining order in California?
The grounds for a restraining order depends on the type of order you are requesting. The requirements differ whether you are requesting a domestic violence, elder abuse, civil harassment, or workplace violence restraining order.
What do you need to file a restraining order in California?
To file a restraining order in California, you must fill out the standard and local forms. The forms you’ll need to file a restraining order depends on the county you live in and the type of order you are requesting.
How much does a restraining order cost in California?
California courts may charge a $395 fee to file a restraining order. If the reason you are requesting a restraining order is due to threats or assaults, you will not be asked to pay a filing fee.
Free Consultation With a California Restraining Order Attorney
If you need a restraining order in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal issue. Get your free consultation with one of our experienced Restraining Order Attorneys in California today!