Easy Steps to Obtaining a Restraining Order in Santa Clara County
People we call family, just like strangers or colleagues at work, can, unfortunately, decide that you have enjoyed a peaceful, secure, and safe living environment enough. However, none of these categories of people have any legal right to abuse you or cause any disturbance that leaves you hurt, in fear, or depressed. If something similar to this is happening to you in Santa Clara, it's time to fight back for your legal rights by requesting a against your aggressor.
This is also true regardless of where you live in the vast area of the United States. Whether you reside in the heart of Silicon Valley in Santa Clara, California, or somewhere in Dallas, The Lone Star State, or even in The Sunshine State, you should never allow anybody to threaten, harass, or stalk you.
Essentially, the process of obtaining restraining orders can be tasking. You have to know the local law, where to get the restraining order application forms, and how to fill them appropriately. This is not only time-consuming but can also give your abuser time to cause more physical or emotional pain. Notwithstanding, this is not true if you choose to use DoNotPay to get the forms and guidance on filling them out.
Understanding Restraining Orders in Santa Clara, California
According to the state of California Code of Civil Procedure, a restraining order or protective order is a directive by a magistrate against a named party. Typically, the order protects the applicant and their children or household members against a known harasser, stalker, abuser (physically, sexually, or emotionally), or a bully.
Generally, a protective order will order the perpetrator from certain behaviors. This includes not to:
- Physically come close to you/protected people
- Move out from a home you share
- Not to get in touch with you through any channel
- Not to carry/possess a gun, etc.
Types of Santa Clara Restraining Orders
If you have proof that someone is a threat to you, your children, or an aged/dependent person under their care, it's crucial to request a . This court document can prevent a possible looming risk the culprit might be planning to cause.
The type of protective order you file for in Santa Clara County depends on your relationship with the abuser and, to some extent, the urgency of the matter. They include:
|Types of Restraining Order||Details|
|Temporary Restraining Order||TRO is meant to protect the petitioner against an abuser who is on the verge of causing more harm. It's called an ex-parte restraining order, as the defendant doesn't need to be heard by the judge to determine the case. It's valid for a short duration (an average of 3 weeks) before a permanent Santa Clara restraining order is issued.|
|Civil Harassment Restraining Order||This is requested if the abuser doesn't fall under the family category or people you have a close relationship with.|
|Domestic Violence Restraining Order||Any physical abuse, verbal threat, or harassment from a person you have or once had a close relationship with (married, dating, household member) or from a family member is considered domestic violence. If you believe you're in imminent danger, call 911 before you immediately request an emergency or temporary restraining order.|
|Elder and Dependent Adult Abuse Restraining Order||This is designed to protect seniors or adults who have a disability from their family or caregivers who take advantage of them through abusing, assaulting, harassing them.|
Other , CA, include workplace violence restraining orders and criminal protective orders (which protect witnesses/victims of crime). Besides, emergency restraining orders can be obtained from law enforcement at any time, but can only last for not more than 7 days.
How to File a Request for Restraining Order in Santa Clara County, CA
Is someone causing you trouble/fear/harm through assault, harassment, or stalking? You can request a Santa Clara County restraining order by yourself:
- Go in person to Santa Clara County Self-Help Center, 201 N. First Street, San Jose, CA 95113. You can also call 408-882-2926 for assistance. You can also learn how to fill in the forms online and more from this County of Santa Clara superior court webpage.
- After getting the correct form, fill it in with the required details, including why you need a restraining order against the person.
- Return the forms to the court clerk in Santa Clara and pay any applicable fees for your case.
- The court will convene as soon as possible and determine whether a TRO is necessary. After this judgment, the court will set a date for a permanent RO hearing. A permanent order may remain valid for up to five years.
Violation of restraining order may lead the wrongdoer to get up to a one-year jail time in county prison, max of $1000 in fines, or both.
Can I File a Petition Against a Restraining Order?
Yes. The defendant can hire an attorney to defend them at the permanent restraining order hearing. If successful, the current TRO expires immediately, and no permanent restraining order is issued.
Simplify Santa Clara Restraining Order Application With the Help of DoNotPay
At DoNotPay, our goal has always been to make the process of fighting for your legal rights as straightforward as possible. Therefore, if you're in Santa Clara County, look no further — get the correct forms and help you fill them efficiently.
How to apply for a restraining order with the help of DoNotPay:
- 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!
And that's it! DoNotPay will compile for you the forms you need to fill out and give you detailed instructions for how to file for a restraining order in your jurisdiction. Stay safe!
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