How To Get a Restraining Order in Los Angeles

If you live in Los Angeles and someone is threatening your safety, you can ask a judge to issue a restraining order against that person.It depends on which type of restraining order you want.The Los Angeles Police Department enforces the judge’s order to stop the person from contacting you or your children.There are permanent restraining orders that can be renewed after five years.You can use form-preparation software to fill out your restraining order application.There is a possibility that this is not the case.There is a possibility that this is not the case.There is a possibility that this is not the case.

Step 1: You should be in a safe place.

If the person you’re seeking a restraining order against is violent, you might want to go to a shelter.Legal assistance and resources are available to help you choose the right restraining order to meet your needs and make sure you fill out the forms correctly.

Step 2: You can get an emergency protective order.

The Los Angeles Police Department can issue an emergency protective order, which lasts for five court days and provides some relief against the person who’s threatening or harassing you.State law requires a judge or court commissioner to be available seven days a week.There must be facts that show the person you want to restrain poses an immediate threat of domestic violence to you or your children.

Step 3: Determine which restraining order you need.

There are four types of restraining orders in California that have specific qualifications.Civil harassment restraining orders are the most common.They can be issued if there is a credible threat of violence.If the person is annoying, harassing, or stalking you, you may be able to get a civil harassment restraining order.When you are being abused or threatened by someone who is close to you, such as a brother or a grandparent, you can get a domestic violence restraining order.An elder abuse restraining order can be used if an elderly person is being threatened or abused.In cases of financial abuse, abandonment, deprivation, or neglect of an elderly person by someone who was supposed to be taking care of them, this order may be issued.Your employer can only request a workplace violence restraining order on your behalf.If you’re being harassed at work, this order protects you.

Step 4: The forms should be obtained.

Depending on the type of restraining order you are requesting, you’ll need different forms.If you don’t know what type of restraining order you need, you might consider hiring an attorney.If you’re concerned about the cost of attorney’s fees, you may be able to find free or reduced-fee services by contacting a family law self-help center at any nearby courthouse or speaking with someone at a domestic violence shelter.In some cases, you can simply request a permanent restraining order.An attorney can tell you if this applies to you.

Step 5: You have to fill out the forms.

The instructions for filling out the forms are in the document.A restraining order may require the person to pay child support or participate in counseling, as well as directing them to stay a certain distance from you or not contact you.If you want a restraining order against the parent of your child, you can also have temporary custody.The request for a restraining order is one of the basic forms.The person’s actions can be described in additional pages.You may need other forms depending on the issues in your case.If you have children and want child support payments included in the order, you need to fill out an income and expense declaration and a simplified financial statement.He will be able to read everything you write in your forms if you send a copy of your request to him.If you don’t want that person to know where you live, you can use a state program called Safe at Home, which provides you with a secure address to use on court documents.

Step 6: Your forms should be reviewed.

The court’s self-help center and many domestic violence shelters have attorneys who will review your forms free of charge to make sure you filled them out correctly.You can get help from the court’s family law facilitator.Even if they can’t help with your restraining order forms, they should be able to help you with any other forms you need.To find courthouses that provide assistance completing forms, you can visit http://www.lacourt.org.

Step 7: Make copies of your forms by signing them.

You must sign your forms once you are satisfied that the information you’ve provided is complete and correct.Five copies are recommended by the California courts.Your original forms will be kept by the court.You will need at least one copy for your records and one for the person you want restrained.You can request protection for any other people besides yourself.

Step 8: The clerk of court can help you file your forms.

To file your request with the judge, take your original forms and copies to the clerk’s office.You don’t have to pay a fee to file a request for a restraining order.There is no fee for a domestic violence restraining order.If stalking, violence, or threats of violence are not part of your claims, you may have to pay a fee.You can apply for a fee waiver if you can’t afford the filing fee.The court can determine if you qualify for a waiver by determining your income and assets.If the judge wants to speak to you when you file your forms, make sure you are dressed in conservative clothing as if you were in court.The judge and court staff should be addressed with courtesy and respect.The Superior Court of California has temporary restraining orders for the County of Los Angeles.The charges for violating a restraining order are dealt with by the criminal courts.Civil family law courts in Los Angeles issue restraining orders.There are 14 courthouses in Los Angeles County that hear civil cases.The courthouse is located at http://www.lacourt.org/courthouse.

Step 9: Pick up your restraining order.

The judge will make a decision on whether to issue a temporary restraining order within 24 hours after you file your request.A temporary restraining order usually lasts less than a month, or until the date of your hearing.Temporary orders can’t be renewed.You must appear at your hearing to get a permanent restraining order if you want the temporary order to be extended.

Step 10: You should distribute copies of the restraining order.

You should take copies to places you frequent if the judge grants a temporary restraining order.You should always keep one copy on your person and another in a safe place.You can give copies of the order not to go to security officers or administrators at your school or workplace.Restraining orders are entered into a state database so that the information is available to law enforcement officers throughout the state.

Step 11: The person should be restrained.

You have to give the restrained person legal notice that you want a restraining order against him.The person can be served by having a temporary restraining order delivered to him along with a copy of your request and a notice of hearing.When your hearing is scheduled, the judge will write a deadline on your papers.The person must be restrained by that date.The person can have anyone else deliver the papers to them.The papers may be served by a sheriff’s deputy.Sometimes you can get a law enforcement officer to serve your papers for free.You will have to pay a fee.The clerk can tell you if a fee is required.

Step 12: You need to file your proof of service.

Once the restrained person is served, the person who completed the service must fill out and file the proof of service with the court so the judge knows they have enough notice of the hearing.Before your hearing, make five copies of the proof of service and file them with the clerk of court.You have to bring a file-stamped copy with you to the hearing.The temporary order cannot be made permanent until there is proof that the person has been served with a permanent order.You can ask the judge to set a new court date if you can’t serve the restrained person by the deadline.

Step 13: Get ready for your hearing.

You need to gather documents, witnesses, and other information to support your request for a hearing.If other people have witnessed the abuse or harassment of the restrained person, you can bring them with you to testify on your behalf.You can have witnesses testify about how restrained the person made you feel, or about the fact that you are frightened.If you have threatening voice mail messages or emails that you want to use as evidence, make copies of them and bring them to the courthouse.Since you won’t be allowed to bring your cell phone into the courtroom, you should make physical copies.Photos, damaged property, and medical or police reports are some of the documents that might help prove abusive or threatening conduct.You need to bring a copy of every document you’ve filed with you.You can find what you need quickly if you organize and label your documents.

Step 14: Attend your hearing.

You have to attend the hearing to make your restraining order permanent.The Stanley Mosk Courthouse is located in downtown Los Angeles.You can present your case at the permanent order hearing.The person you want the court to restrain will be able to present his case.Both you and the other person can testify.If the other person has witnesses, you can cross-examine them.You will be subject to cross-examination if you have witnesses with you.

Step 15: You can get copies of your permanent order.

If the judge grants your permanent restraining order, you should keep a copy for your own records and make additional copies for any other protected people or to distribute at places such as work or school where the restrained person is not permitted.The judge can make her decision immediately after hearing both sides, or she can decide to review the evidence again before issuing her final decision in writing.The restraining order will usually prohibit the restrained person from having any contact with you or coming within a certain distance of your home, school, or workplace.Between one and five years, your permanent order can be renewed.