Are you facing a situation where you have to protect yourself from a threat, abuse, or harassment? Obtaining a restraining order might be the legal solution to this problem. Whether you want to learn about the restraining order process in California, or are seeking a Tulare County restraining order, this guide is for you.
Don’t know what a restraining order is? It’s a court order issued to protect someone from abuse, threats, or stalking. There are several types of restraining orders in California, and the kind you apply for depends on your relationship with the opposite party.
In Visalia and other nearby areas of California, like Exeter, you should be familiar with the following most common types of restraining orders in case you meet with unforeseen circumstances. While the overall process is generally the same in California, the restraining order in Visalia, CA, might slightly differ from the restraining order process in Exeter, depending on the local court.
- Civil Harassment Restraining Order is applied for protection from roommates, neighbours, or strangers.
- Elder Abuse Restraining Order is for senior citizens who face negligence or abuse from their families.
- Domestic Violence Restraining Order is for protection from someone with a close relationship (ex, partner, spouse, or family)
- Workplace Violence Restraining Order is requested by the organizations on behalf of their employees.
If you do not know which restraining order will apply to your situation, consider speaking with a legal advisor, such as AAA Legal Services, to help clarify things.
Understanding the Restraining Order Process
Here’s a breakdown of the restraining order process to help you stay informed and what you can expect during the entire process.
Step 1. Determining the Eligibility and type of order
The first step in this process is determining whether you’re eligible for a restraining order and which type is most suitable for your situation. For instance, if your neighbour is bothering you, you’ll need a civil harassment restraining order.
Similarly, if you’re seeking help from a family member or a romantic partner, you’ll probably need to apply for a domestic violence restraining order.
The eligibility will also help you learn about further procedures, such as completing forms or understanding the protection the court will offer.
Step 2: Complete the Essential Forms or Documentation
Based on the type of your restraining order, you will need to fill out some court forms. Remember that these forms may vary slightly depending on the type of restraining order.
Some common forms include:
- Request for Restraining Order
- Confidential CLETS Information
- Notice of Court Hearing
- Temporary Restraining Order (TRO), if urgent.
You can apply for these forms at the California Courts Website.
Step 3: File the Forms With the Court
The next step involves submitting all completed forms to the clerk’s office at your local Superior Court. If you feel that you are in immediate need of protection, you can request a Temporary Restraining Order (TRO) from the court. To provide you with immediate protection, the judge can grant the Temporary Restraining Order the same day or within 24 hours.
Step 4: Serving the Other Party
Your restraining order won’t be valid until you serve a copy of the paperwork to the opposite party, known as the Respondent. It’s important to keep in mind that the respondent has to be served with the papers five days before the scheduled date of the court hearing.
Note: You cannot serve the paperwork yourself. Instead, a third party (a friend, relative, or family member) over the age of 18 can serve the papers.
Step 5: Attending the Court Hearing
The court hearing will be your chance to explain your side of the story. The court hearing may vary depending on the caseload. It’s advisable to gather all the evidence beforehand to make sure you bring every piece of evidence you have. It could be:
- Voicemails, emails, or any messages that indicate threats or harassment.
- Statements from people who have seen or heard the abuse.
- Pictures of any property damage or injury.
- Police reports.
During the court hearing process:
- The judge will hear both sides.
- You will have to explain why you need the restraining order.
- The respondent will be given the chance to dispute your claims.
If all the evidence proves that you are being harassed and in danger, the judge will issue a final restraining order, which can last up to 5 years and might be extended.
Step 6: After the Restraining Order is Granted
Once the restraining order is granted, it is entered into the California Law Enforcement Telecommunications System (CLETS) to make it enforceable statewide. You should notify your school, workplace, and neighbors about the restraining order.
Now, the respondent will be legally required to follow all the conditions of the order.
Note: Violation of the restraining order is a criminal offense.
In case the restraining order is violated, you should contact law enforcement so they can take immediate action.
Final Thoughts
We’re aware that the restraining order procedure might seem challenging during a stressful situation, but having a clear understanding of each step of the process is crucial. It’s important to keep in mind that every state and county restraining order might be slightly different. For instance, the Tulare County restraining order will vary from the restraining order process in Exeter. Similarly, the restraining order in Visalia, CA, will vary from any other city or county in California.
So, remember to make sure you file the right restraining order according to your area. If you’re still not able to comprehend your situation, consider contacting AAA Legal Service for their expert guidance to help you file a restraining order without any issue.
