How to Request for a Restraining Order in California
If you feel like another person is compromising your safety, you may consider getting a restraining order against them. But you don’t just walk into a police station and walk out with a restraining order.
You must follow the right procedures, which can be complex to the layman. This article delves into restraining orders from its definition to providing a step-by-step guide around the process and can be an excellent read for you if you’re considering getting a restraining order.
What Is a Restraining Order?
You may have heard the mention of restraining orders and have had an idea of what a restraining order is. However, if you’re going to get one, you may need to have more than a rough idea.
A restraining order, sometimes called a protective order, is issued by a court of law and put in writing to protect the applicant from harassment, threats, and violence. It sets boundaries and prohibits the abuser from contacting or coming near the person the restraining order is designed to protect.
There are several types of restraining orders under California law. Each of these restraining orders is designed to apply in specific circumstances. These orders are emergency, temporary, domestic violence, civil harassment, and workplace violence restraining orders.
Getting Help for Domestic Violence
Domestic violence is violence perpetrated by a family member, spouse, cohabitant, lover, etc. The majority of restraining orders sought are domestic violence related. Unfortunately, restraining orders may not be sufficient to protect you from violence should the perpetrator want to violate them.
So, you may want to get additional help. For example, you can contact a victim service provider (VSP). VSPs are non-profit organizations that provide housing, house transfer, and other services to help domestic violence victims feel safe and access the resources required to get justice.
Some VSPs rely on tools such as this domestic violence software by Foothold Tech to streamline their service profusion and improve efficiency, which is among the things you want to look at when choosing a facility.
How to Request a Restraining Order
Consult a Legal Expert
It is important to consider that filing or requesting for a restraining order doesn’t always mean you will get one. The court may deny a request if you make mistakes and do not present relevant evidence to support your claims.
So consider navigating the process with a lawyer to ensure you get everything right from the beginning and increase your chances of having a restraining order put in place.
Gather Relevant Information
You must back your claims of violence or threats of violence with evidence. Your lawyer will guide you through the type of evidence you need to gather to make your case.
Evidence gathering involves documenting all incidents of violence or threats of violence while ensuring you are as detailed as possible and preserving other tangible evidence such as emails, text messages, phone calls, and recorded video footage. Having witnesses to collaborate on your claims will be an added advantage.
Fill In the Appropriate Forms
With your evidence ready, the next step is to fill out the appropriate forms. Restraining order application forms are available online from the California government website.
Different restraining orders require different forms to ensure you pick the right form based on the restraining order you seek to get. Once you complete the form, submit them to the court clerk.
Attend Court Hearing
After submitting your forms, the court will set a hearing date where you will have to make your case. If the court determines that a restraining order is necessary, it will issue an order specifying the terms, such as boundaries and the duration of the restraining order.
Once a restraining order is issued, the harasser will be served by the sheriff’s office. But it could also be served via mail or other means.
