Restraining orders in California offer protection for victims of domestic violence, stalking, sexual assault, and other abuse. If you’re considering a restraining order, here is an overview of the process:

First, determine if you’re eligible. You can file for a personal restraining order if you’ve experienced abuse or threats from a spouse, former spouse, domestic partner, relative, or someone you’ve dated. Other eligibility factors include harassment, stalking, or violence. Workplace and school violence restraining orders are also options. Consult the California Courts website to ensure you meet the criteria.

Next, complete the application forms – a DV-100 for domestic abuse or an SV-100 for stalking. Forms are available from any California court clerk’s office or the judicial website. The application requires naming the restrained person and listing all recent incidents with specific dates and details. Supporting evidence like photos, medical records and police reports should also be attached.

Filing fees apply unless you qualify for a fee waiver based on low income. Submit the completed forms to the court clerk in the county you reside in. If approved, a temporary order will be issued until the hearing.

Be prepared for your court hearing, as the judge will determine whether to grant a permanent restraining order. You’ll need to explain why you fear for your safety if the order isn’t issued. Having an attorney is advisable but not required. The accused individual can contest the allegations.

If approved, the order will be valid for up to five years prohibiting contact. Inform close friends, family and your workplace about the order in case the restrained person violates it. Call the police immediately if they violate the order.

With preparation and detailed evidence, obtaining a restraining order in California is an attainable process to protect your safety. Don’t hesitate to seek help.

 

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