How To Request a Restraining Order in California
A California Judge can issue a (initially) temporary restraining order upon formal request. A restraining order, be it temporary or permanent, is an official order that prohibits a particular action from another party. A person may seek a temporary or permanent restraining order for a number of valid reasons. Valid restraining orders have been issued for diverse issues such as employment disputes and copyright infringement. However, quite often the restraining order being sought out has to do with domestic abuse and/or harassment. Anyone who chooses to apply for a restraining order must first send a request to the appropriate local court. The court will determine the merit of the request for a restraining order and make its initial and final decisions based on the merit of the request. Those requesting a restraining order should be prepared to provide and speak to evidence that supports the reasons submitted for requesting a restraining order.
Restraining orders are limited in duration (yes, even those individuals seeking so-called “permanent” restraining orders should anticipate that the restraining order will come to an end after a number of years.) Restraining orders can, however, be renewed if the need is still present. Restraining orders do, after all, restrict another person’s freedom to do something they would otherwise be able to do without legal or criminal consequences. This is why the majority of restraining orders are granted as a temporary form of immediate relief to a threat of harm or harassment.
Requesting a Restraining Order
The first step to obtain a restraining order should be to speak to an experienced attorney, likely one specializing in family law. A family law attorney is often appropriate as a wide spectrum of legal areas fall into the family law arena, to include issues dealing with domestic violence, or a situation such as harassment from a former romantic partner. An experienced family law attorney can not only help advise you on how to begin seeking a restraining order. The right family law attorney can help you through every part of the often-complicated path ahead, which could include any number of facets from a divorce, separation, child custody case, etc.
The next necessary step is to gather and organize all of the necessary evidence and documentation you need to support your case. Relevant evidence can include printouts of text messages, e-mails, pictures, recordings, etc. Simply presenting “He-said, She-said” statements in course would be very problematic. If you have no eye-witnesses or other evidence of a situation that should not discourage you from seeking a restraining order if you feel you need one and that you are in danger. However, gathering and presenting any existing evidence that you DO have will bolster your case.
Preparing Your Request
Your family law attorney can help you seamlessly navigate through the details of preparing the court document requesting the (at least initially temporary) restraining order. This document will inform the judge of precisely what it is you are requesting, and the reasons that you are making this request. This is usually a step that you should take with your family law attorney. In simple terms, you will need to prepare a document that will inform the judge what you want, and the reasons why you want it.
Ex Parte Restraining Order
If one person comes to ask for a restraining order, typically the judge would grant the individual an ex parte order, with a hearing set to be held within fourteen days. At the hearing both parties will be allowed to give their side of the story.
What Happens Next
The judge reviewing your case will review the paperwork and determine whether a temporary restraining order should be granted or denied. Whether the temporary order is set in place or not, a hearing will be set so both sides can tell their side of the story and the court can determine whether a more permanent restraining order should be granted.
Contact Cardwell, Steigerwald Young
The San Francisco family law lawyers at Cardwell, Steigerwald Young can help you in every aspect of the restraining order process – from filing initial paperwork, to offering you strategic help and guidance through your hearing and beyond. Contact our office today to begin working with our team.
Sources:
geriatrics.ucsf.edu/sites/geriatrics.ucsf.edu/files/docs/8domesticviolence.pdf
sf.courts.ca.gov/self-help/restraining-orders
