How to File a Restraining Order in California

Aug 22

, Carroll Law Office

When your life is disrupted by the actions of another person, it can feel overwhelming just to do your regular tasks. With so much to enjoy in California, you want to have the freedom to picnic in places like Doran Regional Park or stroll through an art museum. Your life shouldn’t be put on hold because of someone else. Our lawyers at the Carroll Law Office can tell you how to file a restraining order in California.

Different Types of Restraining Orders

There are several types of restraining orders in California. Most restraining orders require a person to have no contact with the person filing the order. Other types have more protections, such as including minor children or other family members in the order. The specific types of restraining orders include coverage for the following:

• Domestic violence
• Civil harassment
• Elder abuse
• Gun violence
• Workplace violence
• School violence
• Retail crime

Research on the use of restraining orders has not been widely conducted in the United States. A research paper from 2022 found that one in four women and one in seven men have experienced intimate partner violence during their lifetime. Additionally, 34.9% of women and 31.1% of men in California experience intimate partner violence, according to the National Coalition Against Domestic Violence.

How to File a Restraining Order in California

Once you know which kind of restraining order you need, there are specific steps that need to be completed to file for a restraining order in court:

1. Gather as much evidence as you can. This evidence can include photos, text messages, emails, voicemails, and police reports.
2. Find and complete the necessary court forms. Depending on the type of restraining order you are seeking, there are specific forms that must be completed.
3. File the restraining order request forms with your local courthouse. If you are in Sonoma County, you file with the Superior Court of Sonoma.
4. Wait for your court hearing. After your forms have been successfully filed, you will receive a date for your court hearing. This is your chance to explain your situation and submit evidence.

What Happens at the Court Hearing

During the court hearing, the judge allows both sides to speak and present evidence. Usually, the person who submitted the request for a restraining order is permitted to speak first. Regardless, you should never speak out of turn or without permission while in the courtroom.

When it is your turn to speak, that is your opportunity to explain why you feel the restraining order is necessary. You are allowed to read a prepared statement, present evidence, and have witnesses speak on your behalf.

Having an attorney during this process can be beneficial because they can help you prepare your statement, properly submit the evidence to the court, and prepare any witnesses. Knowledgeable legal counsel can also help make the process go more smoothly.

Once both sides have addressed the court, the judge makes a final decision. If the judge denies the restraining order request, then the case is over. If the restraining order is granted, there are additional forms to complete for the judge to sign.

Consequences of Violating a Restraining Order in California

If a restraining order is violated, under California Penal Code 273.6, the punishment is a fine of up to $1,000, a jail sentence of up to one year, or both. If physical injury occurs, the punishment is a fine of up to $2,000, a jail sentence of 30 days to one year, or both.

FAQs

What Is the Burden of Proof for a Restraining Order in California?

For a Domestic Violence Restraining Order (DVRO), the burden of proof is a preponderance of the evidence. This means that the judge has to feel that the facts are more likely than not to be true. For a Civil Harassment Restraining Order (CHRO), the judge requires clear and convincing evidence that shows a high probability of truth.

What Evidence Is Useful When Filing a Restraining Order in California?

When you initially file for a restraining order in California, you only provide written statements of why you are requesting the restraining order. You have the opportunity to present evidence to support your claim during your court hearing. Useful evidence to bring includes pictures, text messages, emails, and witness statements. A lawyer can help you gather any evidence that may be necessary.

How Much Does It Cost to File a Restraining Order in California?

The cost to file a restraining order in California varies with the type of restraining order and the individual circumstances. For instance, a Domestic Violence Restraining Order (DVRO) has no filing fee. A Civil Harassment Restraining Order (CHRO) is free to file only if you are seeking one because of violence, stalking, or threats of violence, or if you obtain a fee waiver.

Can I File a Restraining Order Online in California?

In California, whether or not you can file a restraining order online depends on the county’s court system. In some cases, you can fill out the forms online and submit them electronically, but you may still be required to appear in person for a hearing to get approval. Not all courts accept online filings, so it’s important to see if your local court does.

What Is the Quickest Way to Get a Restraining Order in California?

The quickest way to get a restraining order in California is to file for a temporary restraining order at your local courthouse or online. TRO requests are reviewed every day the court is in session. The judge makes a decision based on the paperwork and may not require a meeting with the applicant until the hearing for a long-term retraining order.

Hire a Restraining Order Lawyer

When your day-to-day activities are being disrupted and you want help securing a restraining order, our team at the Carroll Law Office is ready to help. When you hire a restraining order lawyer from our firm, you gain an ally. We have decades of experience helping clients obtain the restraining order they need to get back to their normal lives. Contact us now for a confidential consultation.