How to Apply for a Restraining Order in California

A restraining order is a form of vital legal protection if you are in credible danger of stalking, harassment, or abuse. It can be the first step in rebuilding your life after serious abuse and finding safety for yourself and your loved ones. However, figuring out how to apply for a restraining order can be complicated.

Here are the steps that you need know on how to apply for a restraining order as the process can be difficult, so it is best to have an experienced attorney help you.

How Does a Restraining Order Protect You?

Before figuring out how to apply for a restraining order, you should understand how it can protect you. A restraining order protects anyone named as a “protected person,” including yourself and any family members, from various forms of contact. The restraining order can include personal conduct orders, which are measures to prevent the restrained person from contacting you in any way.

Other provisions can include stay-away orders, which limit how close a restrained person can come to your home, workplace, or other important places, and residence exclusion if you were living together prior to the restraining order.

A restrained person cannot own a gun in the state of California and could face difficulties in custody or immigration legal battles. Most restraining orders last about five years. If the restrained person violates the terms of the order, that could result in a prison sentence.

Different Types of Restraining Orders

The first step in researching how to apply for a restraining order is determining under what category you would be protected. The state of California offers four different categories of protection.

You would file a domestic violence restraining order against someone who has abused you and is a close relative, such as a spouse or parent. An elder or dependent abuse restraining order is for protecting senior citizens or disabled adults who have been abused by a caretaker. For both of these restraining orders, you need to have a close relationship with the restrained person.

If you are the victim of stalking or harassment by a stranger or a more distant relation, you can request a civil harassment restraining order. You can also file a restraining order on behalf of someone else if you are an employer and you notice that your employee is getting stalked at work. That type of order is called a workplace violence restraining order.

It is very important that you determine the right kind of restraining order that you need and proceed accordingly as that determines the protection that you get and the evidence that you need to provide. Filing the wrong type of restraining order could jeopardize your case.

How to Apply for a Restraining Order in Court

Getting a restraining order in the state of California requires a few different steps.

1. File Paperwork

The first step in most legal proceedings is paperwork. To apply for a restraining order, you need to fill out the appropriate forms. There are different forms depending on the type of restraining order that you are requesting. You will also need to fill out forms requesting a court hearing and a temporary restraining order, which will apply while your application is being processed.

If you are hoping to apply for protection on behalf of other people, such as your children, you will need to fill out a few other forms such as a No Travel order and a Request for Child Custody and Visitation Order.

Although you can fill out these forms yourself, it is best to ask an attorney for help as any mistake could cost you in your latter case. Then, file your forms at the court. Usually, your local court will require a filing fee, but you can apply for a fee waiver on the basis of income.

2. Serve the Order to the Restrained Party

After you file your paperwork, you need to serve the restraining order via a process server to the restrained party so that they know that they are the subject of a legal procedure. Ask your attorney for help during this step as you must follow the appropriate legal procedures. Then, submit proof of service to the court.

3. Attend Hearing

The last step in getting a restraining order is the hearing. During your time in court, you have the opportunity to present evidence showing the harm the restrained person has caused you.

It can take several weeks or months to get a court date, which is why many judges will issue a temporary protection order (TPO) after you file the paperwork.

File with the Support You Need

Learning how to apply for a restraining order can be overwhelming because there are so many steps. A mistake at any step could result in your case getting thrown out and endangering your family.

WGS Law can provide legal advice and the support that you need to protect yourself. Schedule a virtual consultation via Zoom today.