You may have to pay a filing fee when you file your restraining order request.
If in your request, you claim that there has been stalking, violence, or threats of violence, you probably will NOT have to pay a fee.
In other cases, you may have to.
If you cannot afford the fees, you can ask for a fee waiver.
Do you have to have evidence to get a restraining order?
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. The key is proving to a judge that you need a restraining order. That judge is going to be looking for some specific facts.
What happens if you get a restraining order?
Criminal charges can only be filed at your local police department. You do not have to file criminal charges, but the law does allow you to file them if you choose, even if you also get a restraining order. In most states you have at least a year after any incident to file criminal charges.
Can you get a restraining order for harassment?
You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, AND.
What is a stay away order in California?
What is a Stay Away Order? A Stay-Away Order, also called a Criminal Protective Order (CPO), is a restraining order issued under California Penal Code section 136.2, by a Judge in a criminal case against the person (the defendant) accused of domestic violence.
Do restraining orders stay on your record?
Yes. A restraining order will appear on your criminal record. Although a restraining order is a civil order, whenever someone runs your record for probation, employment, or immigration purposes, it will show that someone had or has a restraining order against you.
Can you put a restraining order on someone who has one on you?
If you try to get a protective order and the person who abused you also asks for one against you, the court may write up “mutual restraining orders.” If a judge orders mutual restraining orders, the law says that the judge has to write down the reasons why she is writing restraining orders against both of you.
Can you own a gun if you have a restraining order against you?
If your restraining order prohibits you from owning or possessing a firearm (including handguns, rifles, shotguns, or assault weapons), you must either temporarily or permanently relinquish your guns. You can: Sell the gun to a licensed gun dealer. Surrender the gun to a law enforcement agency.
What is considered harassment by law?
Harassment Law and Legal Definition. Harassment is governed by state laws, which vary by state, but is generally defined as a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety. Harassment in the first degree is a class B misdemeanor.
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