How do restraining orders work in california

An Orange County family law attorney will advise of other stringent requirements that will directly affect your life. For example, a restrained person may be required to leave their home.

This is especially true in domestic violence cases. The judge may not feel it is safe for the restrained person and the protected person to share the same dwelling. Some of these consequences impact life in a negative manner and can be broad-ranging in scope. Due to the serious impact a restraining order has on your life, it is strongly recommended that you retain a dedicated law firm committed to providing your and your family with the best legal representation.

Many times a California restraining order can go on your record. This act may not affect your current job, but it certainly may affect your future employment. Background checks are more common today in most employment applications. They are even used if you are trying to lease a property. It is relatively easy to find out public information today, and even those you may begin a relationship with may look them up. There are some reasons for filing orders that are not as serious as others, but you need to know the facts.

How much do they cost? What types of gun violence restraining orders are there? Who can file for a gun violence restraining order?

What protections can I get in a gun violence restraining order? Getting the order How do I get a gun violence restraining order? How will the judge make a decision? Can a gun violence restraining order be renewed? I have a temporary ex-parte restraining order.

Can it be enforced in another state? Can I get someone to help me? Do I need to tell the court in California if I move? Can I take my kids out of the state? I was granted temporary custody with my DVRO. Will another state enforce this custody order? What are the requirements? Can I have my out-of-state protection order changed, extended, or canceled in CA? I was granted temporary custody with my protection order. There are different time-frames available for restraining orders based on whether it is a temporary or emergency order, for instance.

Some may last a couple of days, others a couple of months. And, while their time frame can be extended — restraining orders in California cannot extend past 5 years. First, you will want to fill out the appropriate form for the type of restraining order you are seeking.

Review it carefully to make sure it is filled out correctly — and make copies so that you have them in case you need it. Then, file the original with the court. The clerk will guide you on what to do next as sometimes they will send you straight to the judge with the request while other times the clerk will handle the delivery.

Either way, the judge has until the next day to enter the restraining order so you will want to follow up with the court to see if the order was entered — and if there were any changes made to it. Make sure everyone who needs a copy of the restraining order has it. This makes it easy for law enforcement to enforce the order quickly if the need arises.

Always keep a copy with you, keep another copy in a safe place, give a copy to anyone else who is protected by the order, and if there are places that are not to be accessed per the order such as a school or workplace make sure the person in charge has a copy, too. Finally, you need to serve the restraining order on the person that is being restrained by the order. This service is done by a third party or process server.

Certain rules need to be followed which means it may be easier to do this through an attorney to ensure that everything is done legally and that you are protected.

If you are filing for a restraining order, then you are in fear for one reason or another. That means you want to do everything possible to ensure you are protected by a court order.

One misstep could lead to unwanted circumstances. Therefore, to protect yourself, it is best to consider hiring an attorney. With experienced legal representation, you can rest easy knowing that you will have the proper restraining order documents filed, presented to the judge, and entered for your protection.

Having it properly served so that the restrained party is aware will also be handled properly. If the restrained person violates breaks the restraining order, he or she may go to jail, or pay a fine, or both. Domestic Violence Restraining Order You can ask for a domestic violence restraining order if:. Elder or Dependent Adult Abuse Restraining Order You can ask for an elder or dependent adult abuse restraining order if:.

Civil Harassment Restraining Order You can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews. Workplace Violence Restraining Order You can ask for a workplace violence restraining order if:. Skip to main content Skip to topics menu Skip to topics menu.