Easy Steps to File a Restraining Order Against a Landlord in California
As a renter in California, one of the most strained relationships you can have sometimes is the one with your landlord. Once you enter into a lease agreement, you are forced to have a relationship with that person until your lease expires. If you are being harassed by your landlord, you have an option with a restraining order to keep them away from you. Requesting a is easy with the help of DoNotPay.
What Is a Restraining Order and How Does It Work?
There are some situations where one party needs to have legal protection from another in the community. In these cases, you can request a restraining order to keep that person away from you at all times or face legal consequences. It is known as a restraining order and is granted at the discretion of a judge based on evidence of abuse, threats, or violence. The restraining order is filed with your local law enforcement facility. Once it is enacted, you can contact law enforcement at any time to report a person who knowingly is aware of the restraining order and have them removed for your safety.
DoNotPay can help you get a in a few clicks.
Check California's State Restraining Order Laws
In California, there are a few laws that are in place with a restraining order. These laws are in place for those who request the restraining order and those who receive the restraining order.
- Once a permanent restraining order is in place, it can last up to 5 years at maximum. If it needs to be reapplied at that time, there will be a new case and evidence reviewed.
- Violating the restraining order will cost the person in question both time in jail and a fine of $1000 or less if it is the first attempt. Multiple violations of the restraining order can result in a felony charge with a stay in state prison as punishment.
- The person restrained is not allowed to have a firearm as long as there is an active restraining order on file.
Other states like Texas and Florida also have laws regarding restraining orders, cost of restraining orders, length of restraining orders, and other related information.
What Events Warrant a Restraining Order?
There are several cases where there is a need for a restraining order. While most of the cases are often violent, there can be other instances where it is important to keep another person away from you.
- Domestic violence cases between two people who were previously in a relationship.
- Someone responsible for the abuse of an elderly person or a child
- Harassment from a stalker
- Harassment from a former employer or employee
- Someone who is threatening you regularly to cause harm to you or someone you care about
These are the most common cases that the California court system sees about a restraining order.
How to Obtain a Restraining Order in California
If you have been going through an experience with another person, and you feel it is time to keep a person away from you, you will need to obtain a restraining order. Below are the steps required to obtain a restraining order in California:
- You will need to request a restraining order. It is done by completing the appropriate documentation with the California court system.
- Depending on the events surrounding you and the other person, a temporary restraining order may be placed until there can be a court hearing for a more permanent order in place.
- Expect a court date within 21 days or less so that the case can be reviewed.
- Once at the hearing, a determination will be made to keep the restraining order permanent or dissolve it.
What to Expect at a Restraining Order Hearing
Once there has been a request for a restraining order in California, there will be a hearing to address the parties and review the conditions for the restraining order. Both parties and their lawyers should be present at this hearing, as they will have the opportunity to explain why this restraining order is necessary. The plaintiff's lawyer requesting the restraining order will review the evidence and the past events that have led up to the restraining order request.
If the other party has a lawyer present, they do have the option to defend their right and argue the restraining order to the judge. Once both sides have been heard, a decision will be made by the judge regarding the restraining order and if they will be honoring your request.
Let DoNotPay Help You Make a Request for a Restraining Order
By following the steps below, you can request a restraining order against your California landlord:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you’re done!
DoNotPay Can Access All Government Channels
If you need to request a restraining order at the state, county, or city level, DoNotPay can assist you. They can navigate through the various government channels.
DoNotPay can submit the request to the appropriate party so that your request is found and addressed on time.
How Else Can DoNotPay Help You?
Aside from getting a restraining order in California, we can also assist you with the following restraining order inquiries:
In addition to helping you request a restraining order against your California landlord, DoNotPay can assist you with solving the following problems you may have:
- Get the compensation you deserve if you have been a victim of a crime.
- Report a stalking or harassment claim that you may be experiencing.
- Assign a power of attorney temporarily for your estate.
DoNotPay wants you to get the assistance you need for all the different things that come up in your life.