These orders will normally include specific types of behavior that are prohibited. These includes harassment, threats, stalking, communicating, and might even require the listed person to move out of their home. The court might also award child custody to one parent if the other parent has been accused on abuse. Additionally, the restraining order might prohibit owning or possession of a firearm and could even prohibit someone from going into a school zone. A restraining order can be requested in a divorce case in the Los Angeles County Family Court or a separate court.
The purpose of a restraining order is to prevent one spouse from suffering emotional or physical harm from the other. The most common factor for seeking a restraining order are domestic violence issues. Other factors include violent behavior, such as kicking walls or throwing items during an argument, or inappropriate emotional conduct in front of the children.
Yet another factor includes behavior by one spouse making it unsafe for them to be with their children, such as drug or alcohol abuse or threats to commit suicide. A restraining order is designed to keep a spouse separated and safe from harm.
As stated, this could mean a spouse being immediately removed for their home and away from the children without any ability to return. After the judge has been given all the information, they will decide whether to deny the request or if a temporary protection order is warranted. The court will schedule another hearing for the spouse to return on the temporary protection order in order to decide whether the order should be permanent.
In order to give readers a better understanding of orders of protection for a spouse, our Los Angeles divorce and family law attorneys will review the three main types of restraining orders in California. You can file for a TRO if you are the victim of violence, abuse, harassment, or domestic abuse. There are no fees to file for a restraining order.
Service Notice of My Case to the Defendant. Responding to a Small Claims Case as a Defendant. California Courts Self Help Website. Law Library. California Courts Immigration Resources. Divisions Civil, Criminal, Family LA Court Divisions.
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Court Interpreters. Surplus Property Donation Program. Archives and Exhibits. California Values Act. The restrained person must be served before the hearing.
If the restrained person wasn't served, you can ask the judge to extend the temporary restraining order until a new court date to give you more time to serve your papers. Do this before or at your hearing. If you wait until after the hearing, you have to start from the very beginning.
If the judge signs this order, the restraining order will last until the new hearing date. Do not miss your hearing! If you miss it, the restraining orders will end and you will have to start from the beginning. Ask the clerk for the forms you need so you can make sure that the temporary orders if any are extended until the new hearing date. See Going to Court to read more information about how to prepare for your court hearing. If the judge issues a restraining order at the hearing, or any type of orders, you will have to prepare a written order for the judge to sign.
In some courts, the clerk or other court staff will prepare this order. If so, make sure you review it very carefully to make sure it says exactly what the judge orders and the clerk did not leave anything out.
If there is a problem, tell the clerk right away. This form does NOT get filed. It is confidential. It is used so that your restraining order can be entered into a statewide computer system that lets the police know about your order. Give your Form CH to the clerk or the judge and the judge will sign it. Make sure the clerk files it. The clerk will give you up to 5 copies. Your city or county may have legal aid agencies that help people ask for civil harassment restraining orders, but it usually depends on the type of abuse or harassment.
For example, if you have been sexually assaulted, you may be able to get help from legal aid or a domestic violence agency. Sometimes, these agencies will also help with stalking cases.
And they may help in other situations. It is hard to know whether you will qualify for help without knowing the specific situation you are in. So, if you need a civil harassment restraining order, no matter why, first try to get help from your local legal aid agency.
If they cannot help you, they may be able to send you to someone who can. Click for help finding a legal aid agency in your area. Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. Special Announcement Posted Thursday, March 26, Ask for a Restraining Order.
Try our new step-by-step format! Please note that websites you visit may be viewed by someone else later. Always clear your browsing history after searching the web. Are You in Danger Now? Ask for a Restraining Order To ask for a civil harassment restraining order there are several steps you have to take. But first make sure that: 1.
You qualify for a civil harassment restraining order. You qualify if: The person you want to restrain has stalked, harassed, sexually assaulted, or threatened you with violence; and The person you want to restrain is your: neighbor, roommate, friend, family member more than 2 degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more distant relatives, or another person you are not closely related to. STEP 2. In general, you have to follow these steps: 1.
If the judge made any changes to the orders you asked for in your request. The court hearing is also the date your temporary order runs out. If you want to extend it, you must go to your hearing to get a permanent order. You may have to pay a filing fee when you file your restraining order request.
If in your request, you claim that there has been stalking, violence, or threats of violence, you probably will NOT have to pay a fee. In other cases, you may have to. Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. Special Announcement Posted Thursday, March 26, Restraining Orders. What does a restraining order do?
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