How to File a Restraining Order in California

File a Restraining Order How to File a Restraining Order in California

File a Restraining Order in California Without a Lawyer

Personal space is important, and everyone needs to respect other people's spaces. No one likes to be subjected to sexual harassment. These are just a couple of things that may make your life experience feel uncomfortable.

Filing a restraining order process in California is an important skill one must master if it feels that someone is intruding into their space or infringing on their privacy. You need experienced representation to ensure that you enjoy maximum security wherever you work, walk, drive, or live.

Similarly, other people should also learn how to file a restraining order. However, the litigation processes involved may be long and tiresome, and due to insufficient knowledge or poor legal representation, you may fail to achieve the desired results. These problems should be the least of your worries. DoNotPay is here to provide you with any information you need about filing a restraining order in California or help you out with any processes involving the same.

What is a Restraining Order?

The California Restraining Order Law defines a restraining order as a temporary court order that limits an individual, object, business, company, state, establishment, entity, or the general public from perpetuating certain activities that could harm another party. The court order particularly prohibits one from meeting or contacting the other party.

You might need a restraining order if you have been a victim of or subjected to:

  • Domestic violence
  • Sexual assault
  • Child abuse
  • Harassment
  • Stalking

What Qualifies for a Restraining Order in California

Restraining orders or protective orders in California are in these major categories:

Types of Protective Orders in California:Used When:
Domestic Violence Restraining OrderSomeone has abused you, and you are either close to them or are related to the person.
Elder Abuse/Dependent Adult Restraining OrderYou are 65 years and older OR between the ages of 18-64 and have a disability that prevents you from protecting yourself AND you are a victim of neglect or financial, mental, emotional, and physical abuse.
Civil Harassment Restraining OrderSomeone you are not close to has harassed, stalked, abused, and/or threatened you.
Workplace Violence Restraining OrderYou are an employer and are requesting an order to protect an employee.

 The other types of restraining orders in California include:

  1. Personal conduct orders: These are court orders prohibiting people from conducting specific actions against a victim. The actions include sending messages, meeting someone, personal attacks, stalking, threatening, harassment, destruction of property, and invading personal peace.
  2. Stay-away orders: The basic definition of what people perceive when they hear of a restraining order. These are court orders that prohibit individuals from getting within a certain distance of the victim, their living space, workplace, children's school, vehicle, and other significant places in the victim's life.
  3. Residence exclusion: Residence exclusion orders are also referred to as "kick-out" or "move-out" orders. They are laws demanding that an individual moves out of the victim's place of residence. The accused also must take their personal belongings and clothes from the victim's home until complete court proceedings.
  4. Temporary emergency orders: These are orders that courts issue rapidly during instances of physical abuse, domestic violence, or child abuse. There must be sufficient evidence that the individual or child is at immediate risk.

Note: Restraining orders vary across different states. Therefore, the types of restraining orders may vary in each state.

How to Obtain a Restraining Order in California

California Law allows minors from the age of 12 and above to get a restraining order on their own. To get a restraining order, you need to do the following:

  1. Fill out the court forms and be ready to file them. Ensure you compile sufficient evidence that makes you eligible to get the restraining order.
  2. Fill out court forms with the court.
  3. "Serve" your papers on the restrained person.
  4. Get ready and go to your court hearing.
  5. After the court hearing

Generally, getting a restraining order for abuse is free, but you have to check with your local courts. Some courts charge up to $395 to file a restraining order.

You need to meet the following requirements to get a restraining order:

  • You need to prepare written and oral documents.
  • Attach any photographic evidence that will support your case.
  • If you have any texts that are evidence of threats, you could also provide them in court.

If you do not succeed in getting a restraining order, you should not give up. The harassment will not stop, so you need to file another petition.

Filing for a protective order in California is a long and tiring process, and at times the attorneys may overcharge you, forcing you to dip further into your pockets. However, this should be the least of your worries as DoNotPay is here to help you out.

Getting Your Restraining Order in California With the Help of DoNotPay

DoNotPay is a faster, more convenient, automated, less frustrating way for you to get your restraining order in California. At DoNotpay, we can help you get the forms and documents you need and find the rules and relevant authorities in your state.

Remember that DoNotPay cannot help you get a restraining order as only courts issue restraining orders.

How to apply for a restraining order with the help of DoNotPay:

  1. Search for relationship protection on DoNotPay. 
  2. Answer a few easy questions on our File a Restraining Order product. 
  3. Submit the form and you're done! 

That is all you need to apply for your restraining order, and DoNotPay will help you out with the rest. We will fill out the forms for you and give you detailed instructions on filing for the restraining order in California.

DoNotPay Works Several Entities With the Press of a Button

You could learn more about applications for restraining orders through the following links:

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