How do I get a restraining order in Los Angeles County?
You can request a Restraining Order against the person who hurt or threatened you or other family members by appearing at the Superior Court located nearest to you. A Restraining Order may be requested whether or not an arrest has been made or the Los Angeles Police Department has been called.
How much does a restraining order cost in Los Angeles?
Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).
What qualifies for a restraining order in California?
You can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.
How fast can you get a restraining order in California?
When you go to court to apply for a restraining order, the clerk will give you a date, usually within three weeks, when you will have to come back to court for a full hearing.
Does a restraining order ruin your life?
Usually yes, but sometimes no. Temporary restraining orders will appear so law enforcement officers can see it. But if the hearing results in a permanent restraining order, it goes on your record. But even restraining orders that should be expunged sometimes stay in the system longer.
How do I prove civil harassment?
In the law, we call these “elements.” California Code of Civil Procedure section 527.6 provides the party asking for the civil harassment restraining order must prove 1) a course of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose; 2) directed at a specific
Is getting a restraining order easy?
But without the proof, who cares how easy or difficult the process is? Getting a restraining order is similar to most other court processes. It involves filling out and filing some paperwork, going to a hearing, and then waiting for a judge to reach a decision.
Do you have to pay for restraining orders?
There is no fee for applying for an AVO. However, if you engage a lawyer to represent your application in court, you will have to pay the lawyer’s legal fees. Community Legal Centres will sometimes assist in representing AVOs without charge.
What type of proof do I need to support a restraining order?
Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.
What is a stay away order in California?
A Stay Away Order is an Order issued by a Judge in a domestic violence, domestic battery, or stalking case. The Order is effective unless cancelled or modified during the period that the court has jurisdiction over the case.
What are the terms of a restraining order?
What a Restraining Order Does
- The abuser can be ordered not to have any contact with you, in person, or by phone, at home, work, or almost anywhere you ask the court to put in the order.
- The court can order the abuser to leave the house or apartment that you and the abuser share, even if it is in the abuser’s name.
Do restraining orders work online?
Can I get a restraining order based on cyberstalking or online harassment? In many states, you can file for a restraining order against anyone who has stalked or harassed you, even if you do not have a specific relationship with that person.
What’s the longest restraining order?
A permanent restraining order lasts up to two years. You can ask the court to extend the order for another year, but you must do so before it expires.
What happens if a restraining order is not served California?
The restrained person must be served before the hearing. If the restrained person wasn’t served, fill out a Request to Continue Court Hearing and Reissue Temporary Restraining Order (Form DV-115 ) and a Notice of New Hearing and Order on Reissuance (Form DV-116 ) to ask the judge for a new hearing date.