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How to File a Restraining Order

file a restraining order

We will develop many relationships throughout the course of our lives. Unfortunately, not all are the healthy ones that will have our best interests in mind. If you have been abused, there are likely fears that further physical harm or worse may occur if the abuser contacts you again. In this situation, the law provides a viable option. When you file a restraining order, it limits the chances of this occurring and protects you until your hearing. If you are planning to file a restraining order, there are some things you should be aware of.


Filing a Restraining Order

In order to file a restraining order, you must be a victim of domestic violence. The perpetrator can be anyone who is a present or former household member who has victimized someone 18 years of age or older. If you qualify as a victim, you’ll need to obtain the proper paperwork from the county courthouse where the abuse occurred. In addition to filling out the forms, you should also gather all supporting evidence to justify your request such as police reports and medical records. You will later receive information regarding a court hearing where you’ll get the opportunity to face your abuser and present your case.


Restraining Order Violation

Once a restraining order is in place, your abuser will be prevented by law from contacting you in any way. This allows you to live in peace without the fear of further victimization. Among other restrictions, under California law, your abuser will not be able to:

  • Contact you
  • Stalk you
  • Threaten you
  • Harass you
  • Visit you outside of your home


Types of Restraining Orders In California

Based on your level of fear, California allows you to file three types of restraining orders. These include:

  • Personal conduct orders to restrict various specific acts
  • Stay-away orders to keep you physically separated from your abuser
  • Residence exclusion orders that require the abuser to leave your home


Help You Can Rely On

Especially if the other party has legal counsel, it’s a good idea to hire a skilled attorney. The staff here at Yousefian Law understands the ins and outs of this sometimes complicated process, and we can ensure your rights are protected every step of the way in the filing of your restraining order in California. Call our office today to schedule a consultation.




Note: Attorney advertising. Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites, their contents, or the activities or views of their owners.

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