A restraining order is a vital legal tool. It is designed to protect individuals from abuse, harassment, threats, stalking, or violence. In California, the courts recognize that victims of domestic violence, civil harassment, elder abuse, or workplace threats often need protection. Therefore, issuing the order ensures these individuals' safety and peace of mind.

A restraining order can compel the restrained person to stay away from the victim. Additionally, it orders the respondent to cease all forms of contact with the alleged victim. Obtaining a restraining order takes specific legal steps. Following the right procedures ensures you receive the protection you need promptly.

Navigating the legal process can feel intimidating, especially for those in crisis. Therefore, hiring and retaining a competent lawyer is critical. Your attorney won the necessary forms, submitting your petition and representing you at the hearing.

The following are the steps you should follow when seeking a restraining order in California:

Determining Eligibility and Type of Order

The first step when obtaining a restraining order is determining your eligibility for the order. Therefore, there are legal requirements that you must meet to receive protection from a restraining order. The court needs to see evidence that the respondent has engaged in harmful behavior that causes you to fear for your safety. These actions can include:

  • Physical abuse. This includes any act causing bodily harm or attempting to cause it.
  • Threats of violence. Physical harm is not always necessary when obtaining a restraining order. Verbal or written threats can cause fear for your safety.
  • Stalking. Unwanted attention or contact that persists and instills fear or distress is known as harassment.
  • Harassment. This is the ongoing behavior meant to annoy, alarm, or torment.
  • Sexual assault. Any non-consensual sexual contact or conduct can be a reason to seek a restraining order.
  • Emotional or psychological abuse. This applies especially in Domestic Violence Restraining Order (DVRO) cases. It includes controlling, isolating, or manipulating behavior.

After identifying the abusive actions, you need to assess the relationship between you and the respondent. The nature of the relationship is key in determining the correct type of restraining order. If you have or had a close personal relationship, you may qualify for a domestic violence restraining order.

If not, you might need to file a civil harassment restraining order or another type. The type of relationship also dictates the correct legal process and the form you need to file.

Gathering Evidence and Preparing the Case

Although restraining orders are civil, courts still need evidence to support your request. You need to show that the abuse occurred and that you have reason to fear future harm. Evidence required to obtain a restraining order includes:

  • Text messages, emails, and voicemails showing threats or harassment.
  • Police reports that document previous incidents of abuse, stalking, or harassment.
  • Medical records from treatment related to abuse or injuries.
  • Photos of injuries or property damage related to the abuse.
  • Witness statements or declarations from people who saw or heard what happened.
  • Video or audio recordings, as long as they were obtained legally.

You must document every incident. Make note of dates, times, locations, events, and participants. You can use the written history as evidence in court, which supports your claims consistently and in detaililling.

Filling Out the Required Forms.

You must complete specific legal forms required by the courts when filing a restraining order in California. You can access the forms by visiting the California Courts Self-Help Center online or through your county’s superior court website. Additionally, you can pick them up in person at the courthouse. You must use the correct forms based on the type of restraining order you are requesting.

For a Domestic Violence Restraining Order (DVRO), the most commonly used forms are:

  • DV-100 – Request for Domestic Violence Restraining Order
  • DV-109 – Notice of Court Hearing
  • DV-110 – Temporary Restraining Order (TRO)

If your case involves civil harassment, you will use similar forms. When completing these forms, you should:

  • Provide clear and specific information.
  • Detail the abusive incidents with dates, locations, and what occurred.
  • Explain the harm you experienced and why you need protection.

If requesting immediate safety, you should check the box for temporary emergency orders. You should include the full name of the restrained person and other identifying information. It ensures the court and law enforcement can properly process and serve the order.

Filing the Forms with the Court

After completing the necessary forms, the next step is to file them at the courthouse. You should go to the superior court in your county or the court where the abuse occurred. The court clerk will accept your documents and begin the official legal process. For domestic violence and elder abuse restraining orders, there is no filing fee. However, if you request a civil harassment restraining order, there may be a filing fee. If you cannot afford the fee, you can seek a waiver.

After filing, a judge will review your paperwork. This typically happens on the same day or by the next court day. The judge may issue a Temporary Restraining Order (TRO) to protect you until the hearing. If granted, this order will remain in effect until the court date listed on Form DV-109 or CH-109.

If the judge signs your temporary order, the court will make official copies of your documents. You must arrange to have these served on the person you are restraining, typically by the police or a process server. You cannot serve the papers yourself. It protects you legally and physically.

Temporary Restraining Order (TRO)

A temporary restraining order can provide immediate safeguards when dealing with domestic violence or threats. The judge may immediately issue a TRO if they find you are in immediate danger. The TRO seeks to mitigate the dangerous situation until the court can hear from both parties.

Once granted, a TRO stays in effect until the court hearing, which usually takes 21 to 25 days from the date you filed your request. Issuing a TRO gives the court and the parties enough time to prepare, gather evidence, and present their case.

Depending on the situation, the TRO may impose the following orders:

  • Order the restrained person not to contact you in any way. The contact includes phone calls, text messages, emails, social media messages, or approaching you in person.
  • Direct the respondent to stop any harassment, stalking, or threats.
  • Require the respondent to stay away from your home, work, school, or other places you frequent.
  • Order the respondent to move out of a shared residence,
  • Make child custody and visitation modifications.
  • Impose rules about who can use certain property or prohibit the person from possessing firearms.

Even if the judge does not grant the TRO, it does not mean your case is over. The court will still schedule a hearing. At that hearing, you and the respondent can present your sides of the story. The judge will then decide whether to issue a longer-term order.

Serving the Respondent

After you file your request for a restraining order, the next step is to serve the respondent. Serving respondents happens regardless of whether the TRO is issued. This means you must give them legal notice of the case by delivering a copy of all the court documents that have been filed. The documents that are served include:

  • The Request for Domestic Violence Restraining Order (Form DV-100 or a similar form)
  • The Notice of Court Hearing (Form DV-109), which tells the respondent when and where to appear in court
  • The TRO, which outlines the restrictions that are now in effect

The court mandates the following rules when serving a respondent:

  • You cannot serve the papers yourself. You cannot hand the documents directly to the respondent.
  • Someone else at least 18 years old and not involved in the case must serve as the respondent.
  • Service must be completed at least five court days before the hearing. It gives the respondent enough time to respond and prepare.

Once the documents are served, the server must complete and sign the Proof of Personal Service (Form DV-200). The form shows the court that the respondent received the papers. You must file this proof with the court to move forward.

Attending the Court Hearing

The court hearing is the most important part of the restraining order process. The hearing is when the judge listens to both sides and decides whether to issue a long-term restraining order. At the hearing:

  • You must appear in person. Failure to show up can result in a case dismissal.
  • The respondent also has the right to appear and dispute your claims.
  • Both sides may present evidence, including texts, emails, photos, or police reports.
  • You can call witnesses who have seen the abuse or know about the situation.

You should consider the following tips when preparing for and attending your court hearing:

  • Dress respectfully. You do not need formal attire. However, your appearance should show the judge that you take the matter seriously.
  • Arrive early. It gives you time to check in and collect your thoughts.
  • Stay calm. You should avoid interrupting, exaggerating, or getting emotional. The judge will want clear information.

After listening to both parties, the judge may:

  • Grant a long-term restraining order, which can last up to 5 years.
  • Deny the request if there is not enough evidence or legal grounds.
  • Continue the hearing if more evidence is needed or if the respondent has not been properly served.

After the Hearing

What happens after a restraining order hearing depends on what the judge decides. If they grant the restraining order, the court will issue an official order, usually called Form DV-130. You should keep a copy of the order with you at all times. Under the full faith and credit clause, restraining orders issued in California are recognized in other states. Therefore, you can take the order with you when relocating to another state.

The order is entered into the California Law Enforcement Telecommunications System. The police departments can see the order if you call for help. If the restrained person violates any part of the order, you can call the police, and they can be arrested immediately.

If the court denies your request for a restraining order, you still have options. You can ask the judge to reconsider, especially if you believe there was a misunderstanding or missing evidence. If new incidents occur later, you can file a new request for protection.

Enforcement and Modification

A restraining order offers protection during its duration of validity. If a restraining order is violated, you must report the violation to law enforcement immediately. Quick action helps ensure the safety of the protected person.

You should keep detailed records of the violation. It may include written notes, dates, times, and descriptions of the incident. Documentation is important when reporting to authorities or going back to court.

A person involved in the restraining order can ask the court to change its terms. You can request by filling out the following form:

  • DV-400 to request a change in a domestic violence restraining order.
  • CH-400 for a civil harassment restraining order.

After filing, a judge will review the request and may schedule a new court hearing. At that hearing, both parties can explain their side before the judge decides.

Renewing the Restraining Order

If the protected person still feels at risk as the order nears its expiration date, they can ask to renew it. You can seek a renewal by filing a DV-700. You must submit the renewal paperwork before the original order expires. You do not need to prove new abuse. A concern for safety is enough to seek renewal.

Find a Reliable Restraining Order Lawyer Near Me

Restraining orders protect victims of abuse, threats, or harassment. The process of obtaining the order begins by filling out the correct court forms and explaining why protection is needed. A judge can then issue a temporary restraining order, which offers immediate safety until a full court hearing takes place.

At the hearing, both sides can present their stories and any evidence they have. If the judge agrees that protection is necessary, they grant a longer-lasting restraining order. Additionally, they set forth the conditions that the restrained person must follow. The process of obtaining a restraining order may seem overwhelming. Therefore, you will need the guidance of a reliable restraining order lawyer.

Your attorney will help you stay organized, follow all court instructions, and represent you at the hearing. At the Goldman Flores Restraining Order Law Firm, we offer expert legal insight for our clients seeking or battling a restraining order in California. Contact us at 213-341-4087 today to discuss your case.