Common Types of Restraining Orders
As a family law attorney firm in Fresno, we know that there are multiple different types of Restraining Orders. The most frequently requested Restraining Orders relate to Domestic Violence and/or Civil Harassment. You should request a Domestic Violence Restraining Order if the person that is harassing you is a family member, current mate, and/or former mate. If the person that is harassing you is a friend, roommate, acquaintance, etc. then you would need to apply for a Civil Harassment Restraining Order.
Documents to be Completed to Obtain a Temporary and/or Permanent Restraining Order
To obtain a Temporary Restraining Order and/or a Permanent Restraining Order, you will need to fill out legal documents informing the Court of the circumstances which have given rise to your need for protection and/or immediate relief (See Judicial Council Forms CH-100, CH-110, CH-109 and/or DV-100, DV-110, and DV-109).
What Happens if You Apply for a Temporary Restraining Order?
Upon receipt of your application for a Temporary Restraining Order the Court will make a decision within 2 business days as to whether it will issue emergency orders regarding the relief you requested, including, but not limited to, the personal conduct of the individuals you seek protection from, control of property, child custody and visitation, child support, and/or property control. If your request(s) are granted the other party will have to abide by the Court’s Temporary Restraining Order until the noticed hearing approximately 3 weeks later. Failure to abide by the Court’s Temporary Restraining Order could result in a fine of up to $1,000.00, jail time, and/or both.
Service of Restraining Order Documents
You must serve all documents relating to your request for relief, including any temporary orders, on the other party as soon as possible, but no less than 5 days before the hearing (absent permission from the court as a result of exceptional circumstances.) Your local law enforcement can assist you in serving the required legal documents on the other party.
Proof of Service of the Other Party
Before you attend the hearing, you should file your proof of service showing that the other party was served at least 5 days before the hearing. If you are unable to file the proof of service before the hearing bring the original and 2 copies of the proof of service to the hearing. If for some reason you are unable to have the other party served you should attend the hearing and ask the Judge for a continued hearing date to allow you additional time to serve the other party.
Witnesses and Documents for the Hearing
At the noticed hearing you will need to bring any documents and/or witnesses you have to prove your case. You should bring at least 3 copies of any documents you intend to present as evidence so that you have one copy for yourself, one copy for the Judge, and one copy for the other party.
Issuance or Denial of Requested Relief
If your request is denied at the noticed hearing, any Temporary Restraining Order(s) issued will be dissolved and no further action will be taken by the Court. In the event your request is granted, the Temporary Restraining Order will convert to a Permanent Restraining Order that will last 3-5 years. With any Restraining Order that is granted you will want to make sure that law enforcement has a copy on file, that you keep a copy with you, and that any third party impacted is also provide with a copy, such as your child’s school.
Given that the facts and circumstances presented to a Court can greatly influence and change the likelihood of success when dealing with these sensitive and critical matters, our office suggests that these strict statutory rules, forms, and deadlines be dealt with by hiring an attorney experienced with restraining orders. Please contact our office today for a free consultation or to talk to one of our family law attorneys in Fresno.
Fresno Branch:
466 W. Fallbrook,
Suite 102
Fresno, CA 93711
San Diego Branch:
10509 Vista Sorrento Pkwy., Suite 430
San Diego, CA 92121
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