Civil Harassment
-Restraining Order-
!STOP! Understand the law before you file a claim.
What about if the intimidator is a person close to me?
Generally, for a civil harassment restraining orders, the person you want to restrain is not:
- Your spouse/partner or former spouse/partner,
- Someone you dated at any point, or
- A close relative (parent, child, brother, sister, grandmother, grandfather, in-law).
If you have a close relationship like one of these, consider whether a domestic violence restraining order is best for your situation.
In a civil harassment restraining order, you can ask to restrain:
- A neighbor,
- A roommate,
- A friend,
- A family member more than 2 degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more distant relatives, or
- Other people you are not closely related to.
Types of Restriction Orders
Emergency Protective Order (EPO)
An EPO is a type of restraining order that only law enforcement can ask for by calling a judge. Judges are available to issue EPOs 24 hours a day.
Temporary Restraining Order (TRO)
When you go to court to ask for a civil harassment restraining order, you fill out paperwork where you tell the judge everything that has happened and why you need a restraining order.
“Permanent” Restraining Order (Restraining Order After Hearing)
When you go to court for the hearing that was scheduled for your TRO, the judge may issue a “permanent” restraining order. They are not really “permanent” because they usually last up to 5 years.
Criminal Protective Order or “Stay-Away” Order
Sometimes, when there is an incident of violence or severe harassment (or series of incidents), the district attorney will file criminal charges against the person committing the violence.
For more information about restriction orders in California, please go to the California Superior Court Civil Harassment website.
How to File a Restraining Order in California?
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Gather as much evidence as you can. This evidence can include photos, text messages, emails, voicemails, and police reports.
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Find and complete the necessary court forms. GO TO THE SELF-HELP in YOUR NEAREST COURT
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File the restraining order request forms with your local courthouse. Call us if you need help completing it and would like to know the costs.
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Wait for your court hearing.
How to Contact Us
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PHONE: (949) 326- 6612
EMAIL:
sos5ayudalegal@gmail.com
ADDRESS:
14271 Jeffrey Rd. # 402 Irvine, CA 92620
HOURS:
Monday - Friday: 9 AM-4 PM
Saturday - Pre-Pay Appointment ONLY - Sunday: Closed
Disclaimer:
SOS Ayuda Legal, LLC is not a law firm and is not and will not act as your attorney. We can only provide self-help services under your specific direction. SOS Ayuda Legal, LLC cannot represent you in court in any matter, select legal forms, or give legal advice. Services are provided at your request and are not a substitute for the advice of a lawyer. If you need to consult with an attorney, please contact the California Courts Self-Help Center near you. Legal document preparation is provided to the public under the Business & Professional Code 6400. Registered and bonded by The Orange County Clerk-Recorder LDA #509, and UDA #017.
