Seeking a Restraining Order in California


Safety from Threats of Harm

If you suffering from an abusive relationship, you may be wondering how to get a restraining order and get the protection and safety you deserve. A restraining order serves as a means to order the abuser to stop abusing you. It can also provide other protections, such as ordering the abuser to stay away from your home or workplace. Keep reading to learn how to seek a restraining order in California.

Types of Orders

If you're a victim of domestic violence in California, you can seek a restraining order (sometimes called a protective order) against the abuser. Restraining orders are court orders that prohibit an abuser from doing certain things, such as contacting or going near the victim.

There are several kinds of restraining orders in California:

  • An ex parte restraining order is issued without notice to the abuser and is temporary.

  • A domestic violence restraining order can be issued after notice to the abuser and hearing both sides. This restraining order is usually issued for up to five years, but it can be extended.

  • An elder or dependent adult abuse restraining order can be issued if the victim is 65 years old or older, or an adult who has certain mental or physical disabilities.

How to Seek an Order

If you're seeking a restraining order in California, here are the steps you need to take:

  • File a petition with the court.

  • Serve notice of the hearing on the abuser.

  • Attend the hearing and present evidence to support your case.

  • The judge will make a decision and issue a restraining order, if appropriate.

  • The restraining order will be served on the abuser by law enforcement.

  • If there is a violation of the restraining order, call law enforcement immediately.

Working with a California Domestic Violence Attorney

If you're a victim of domestic violence, don't hesitate to seek the protection of a restraining order. It could save your life. If you need help seeking a restraining order, don't hesitate to reach out to the team at Schweitzer Law Partners as soon as possible. We will do everything possible to ensure your safety.

Learn more or schedule a consultation by calling (626) 788-5225 or by visiting our website. If you or someone you know is suffering from domestic violence, call the National Domestic Violence Hotline at (800) 799-7233.