Acquiring A Restraining Order
An alleged victim seeking a domestic violence restraining order will first make an application to the court for a temporary restraining order. The process for temporary orders is also governed by the family code and can be issued ex parte. To obtain temporary orders, the requesting party initiates the process by completing a request for a domestic violence restraining order. The application must be accompanied by a declaration outlining the reasons for the request. After review of the declaration, if the court finds reasonable proof of a past act or acts of abuse the court can issue a temporary protective order.
The court, after reviewing the declaration and finding abuse, can also issue ex parte orders that are intended to prevent further acts of abuse. The court need not have any corroborating evidence to issue ex parte orders.
Some of the ex parte orders a court can issue are stay-away orders keeping you, the restrained person, from coming within a certain distance of the protected person. The court can issue a residence exclusion order kicking you out of the home, even if you own the home or are the only person listed on the rental agreement. The court can even issue orders protecting pets. But most importantly, the court can restrict your right or ability to see your children.
Temporary orders are also limited in duration. Temporary restraining orders can only remain valid for a maximum of 21 days from the date of issuance unless the court finds good cause to extend the order to 25 days. Once the temporary orders are issued the court will set a court date within the 21- to 25-day timeframe for a full hearing on whether the temporary restraining order should be made permanent. The hearing on the restraining order takes priority over all other cases on the calendar.
Learn More About Acquiring A Restraining Order
If you are the victim of domestic abuse and are seeking a restraining order, contact the Sierra Law Center, APC, for a free consultation by calling 530-798-3548 or filling out the online contact form.
Northern California | Acquiring A Restraining Order | Criminal Defense Attorney Jacob Zamora, Esq.