How To Get A Restraining Order In Los Angeles County

In Los Angeles, restraining orders are frequently issued in cases involving harassment, stalking, domestic abuse, or circumstances posing a real risk to the safety of the individual. The abuser may face criminal charges and possible jail time as well as fines if they breach the restraining order.

Asking the arresting officer to issue a Temporary Restraining Order right away after a violent or criminal domestic dispute is one technique to obtain a restraining order form. Alternatively, you can typically file for a restraining order through your local court system if you think you need protection for a circumstance unrelated to domestic abuse. A petition, a hearing, and the presentation of supporting documentation for the order request are the required steps in the procedure.

Here Is How To Get A Restraining Order in Los Angeles County:

Assemble Proof To Back Up Your Claims.

The following types of evidence can back up domestic violence claims:

• A pending criminal case: Judges are more inclined to issue an injunction in these situations
• Images of destruction, personal injuries, and violence towards yourself or a loved one.
• Printouts of emails, voicemail transcripts, or messages
• 911 calls, including what was reported during the call.
• Medical records: You can include records of prior medical crises or injuries brought on by the abuser’s acts.
• Police statements: Copies of the police reports against the abuser for domestic violence.
• A witness’s statement, whether they be a bystander, a family member, or a coworker.

Obtain a Copy Of Court Documents.

You must complete a precise set of official California court forms and submit them to petition for a restraining order. These forms include questions to help the courts learn more about the parties and your circumstances.

The petition, known as the Petition for Restraining Order, is the most significant form. Visit your local court’s website to find out the precise versions and set of court forms required.

File the Court Forms (Online Applies Too)

Usually, you should file these forms at the Superior Courts or District Courts in Los Angeles County. Family Justice Center is another name for some of these courts. LegalAtoms.com is the online filing platform.

Obtain a Short-Term Restraining Order.

A judge may impose an Emergency Temporary Order, which is a restraining order that is in place immediately until the hearing, based on the facts and evidence given. In comparatively less dangerous situations, a temporary order is given within a few days.

Application rejection is possible if there are no grounds, the application is inadequate, or the jurisdiction is wrong. Note that the temporary order is only in effect for the next three weeks or until the hearing. Ensure the court renews the temporary order until the hearing if there is a delay.

Serve the Wrongdoer

The abuser must be served with the court documents.

Attend the Court Hearing.

The court holds a hearing in a few weeks, where the evidence is reviewed. A judge will issue a full restraining order if there is enough evidence to warrant it.

Obtain the Final Restraining Order.

Eventually, the judge might issue a final order following the hearing. You can take a paper copy of the order, usually valid for five years.