FAMILY LAW ARTICLES
It is sometimes necessary to take out a restraining order against someone you fear may harm you, particularly if that person is a spouse or other intimate partner. A restraining order, also known as a protective order, can offer protection from further abuse.
California offers restraining orders that are tailored specifically to victims of domestic abuse. And, like all other states, California has its own set of procedures for obtaining such a restraining order. In this post, we will discuss these restraining orders in detail and go through the process of obtaining one.
Understanding domestic violence restraining orders
California’s protective orders that are tailored to domestic abuse are called domestic violence restraining orders. If you wish to take out a domestic violence restraining order against someone, there are two conditions that you must meet. First, the person you wish to restrain must have abused you or threatened to abuse you. Second, you must have a close relationship with that person. For example, you must be married, divorced, dating, living together or parents of a child. It is also possible to get a restraining order on behalf of your child to protect them from their other parent.
Obtaining a restraining order
There are certain steps that you must follow to obtain a domestic violence restraining order:
- First, you should file the appropriate court forms to request a restraining order. There is no cost to file these forms.
- A judge will either grant or deny the court order. This usually occurs within one business day, if not sooner.
- If the judge grants the order, you will be given a date for a court hearing .
- Your ex-partner must be served the restraining order papers by someone who is over the age of 18.
- At your court hearing, you will be able to explain why you need the restraining order and for how long. The judge will then decide to extend the order.