How to Obtain a Restraining Order in San Francisco
A restraining order is issued by the court to protect you from any form of physical abuse, threat, and harassment. San Francisco allows you to get a restraining order at no cost, and the law is enforced by the San Francisco Police Department (SFPD). Restraining orders are to be taken seriously since violation may result in consequences such as fines and arrest.
If you want to be protected from anyone, you can obtain a . However, like any other court case, you have to sign some paperwork, file a claim with a court, book for a court hearing, and still wait for the judge's final court verdict. Fortunately, you can use DoNotPay to request a restraining order without much strain.
How Does San Francisco Restraining Order Work?
If someone puts your life and your children at risk, you should obtain a restraining order to keep them off. After you have filed a request in court, the judge will review them and ascertain whether you need a restraining order or not. You have to provide some documents as proof of your claim, and thus the judgment will be based on the truthfulness of the information you have presented.
You become protected while the person you file a claim against is restrained. The duration of the restraining order depends on whether it is temporary or permanent. Temporary orders are valid for 5 to 14 days, while permanent orders last for the period set by the court, which might be indefinite.
Learn About the Different Types of Restraining Orders Issued in San Francisco and What Qualifies for Each
San Francisco has numerous restraining orders:
- Civil Harassment Restraining order
- Domestic Violence Restraining order
- Elder, Abuse Restraining order
- Gun Violence Restraining order
- Workplace Violence Restraining order
|Civil Harassment Restraining Order||If you feel you are harassed, you can obtain CHRO. You obtain this order if the person harassing you is not related to you in any way. It is ideal to get this order if you feel someone is stalking you, sexually assaulting, threatening, or doing anything violently against you.|
|Domestic Violence Restraining Order||It is a court order that protects you from abuse by someone you have a close relationship with, like marriage, divorce or a relative, and more. You have to provide documents that prove your relationship.|
|Elder, Abuse Restraining Order||It applies when the person seeking a protective order lies under an adult category. You can obtain it when you are financially abused, neglected, isolated, and deprived of essentials by your caregiver.|
|Gun Violence Restraining Order||You can take it to prohibit someone from possessing firearms and ammunition when the order is in effect. You must have abstract evidence to prove to the judge that the person subject to the restraining order is a threat to their security and the people around them.|
|Workplace Violence Restraining Order||If you have suffered any form of violence while in the office, your employer can request a restraining order to protect you from further violence. Please take note that you cannot obtain it yourself.|
What Happens After a Restraining Order Hearing in San Francisco?
After presenting your request in court, the judge will review your submitted information and give a final verdict. If the judgment is made in your favor, you are served with a written copy of the proceeds of the decision.
Sometimes the judge might request more time to review your request and give the judgment later. Put in your mind that not all the time the conclusion has to be in your favor; your request might be declined.
What Should You Do If the Court Declines Your Restraining Order Request?
If your request for a restraining order in San Francisco, California has been declined, you can appeal for another hearing. Probably it was rejected because you did not provide enough evidence to back your claim; therefore, for the second hearing, you should give enough information to see you through.
What Are the Consequences of Violating Restraining Order in San Francisco?
Restraining orders are taken with a lot of weight, and violating them is not condoned. California Penal Code 273.6 treats restraining order violation as a serious crime that attracts one year in jail or a fine not exceeding $1000 or even both.
Learn How to Obtain a Restraining Order on Your Own
Here’s what you need to do:
- Fill out a restraining request form
- File the forms with the court
- Get a temporary restraining order while you wait for the court to schedule your hearing.
- You can notify the person subject to restraining order about the application if it does not put you at risk
- Wait for the court hearing, which will be scheduled within 21 days
Though you can obtain a restraining order, it might take you longer than you expect due to the lengthy application process involved. DoNotPay provides a perfect solution to your problem quickly and less frustratingly.
Get Your Restraining Order in San Francisco Using DoNotPay
DoNotPay helps you in three easy steps:
- 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 help you get a restraining order in Texas, Florida, and any other state.
What Else Can DoNotPay Do?
DoNotPay can help you:
- Get Standardized Legal Documents
- Protect Yourself from Stalking and Harassment
- Get Victim Compensation for Crimes
- Handles Complaints for Neighbors
- Sue in Small Claims Court
- Create a Power of Attorney
DoNotPay saves your time in obtaining your . Sign up and allow you to simplify the process for you.