What qualifies for a restraining order in California?

You can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.

How much does it cost to get a restraining order in California?

Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).

What is the difference between a protective order and a restraining order in California?

If you violate a restraining order, they can file a criminal case against you for violating that restraining order. A protective order, on the other hand, is a criminal vehicle.

How long is a restraining order good for in California?

five years
After having a court hearing, a judge can grant you a “restraining order after hearing” that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.

Can you get a restraining order for harassment?

The court can make an order or injunction that the person harassing you must stop their behaviour. If they don’t stop harassing you after the court has made an injunction against them, it’s a criminal offence and they can be prosecuted in the criminal courts.

How does a restraining order work?

A restraining order is a type of court order, released by a judge, to stop someone inflicting harm on another person. These are generally issued at the end of a criminal hearing and often follow cases involving domestic violence, domestic abuse, harassment, stalking or sexual assault.

How do I get a no contact order in California?

To get a more permanent order, you first must ask the court for a temporary restraining order (also called a “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.

What’s the difference between a restraining order and a protective order?

Restraining orders

A restraining order is similar to a protection order except that it falls under the Harassment Act and applies where there isn’t a domestic relationship.

What qualifies as domestic violence in California?

California Penal Code 13700(b): “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.

What is a peaceful contact order in California?

Peaceful contact order refers to a type of restraining order issued in domestic violence cases to a person by the court allowing the restrained person to contact the protected person as long as all contact is peaceful.

What is legally considered harassment?

Harassment is governed by state laws, which vary by state, but is generally defined as a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety.

How long does a no contact order last in California?

By definition, a No Contact Order is an order that prevents the Defendant from having any contact with the alleged domestic violence victim. Unless the case is resolved or the order is removed, No Contact Orders can last up to 3 years.

Can you live together with a peaceful contact order?

Under the Peaceful Contact Order, you can even choose to live together or marry each other without violating the Peaceful Contact Order.

What is a no violence order?

A peaceful contact order is a type of order that restrains the person from contacting or physical distance to a person when there is possible domestic violence. … Anyone dependent upon care from the person with the order may need to undergo interviews for the situation.

What is a communication restraining order?

Restraining orders forbid individuals from making any type of contact with the alleged victim, including phone calls, text messages, emails and social media messages. Restraining orders also prevent indirect communication, such as sending messages through a third party.

How can I get peaceful contacts?

A Peaceful Contact Order may be issued in a domstic violence case after a Stay Away Order or Emergency Protective Order has been issued if the complainant comes forward and tells the District Attorney and the Judge that continued contact with the person arrested is wanted.

What does non assaultive contact mean?

A no-contact order prohibits a person from being in physical or verbal contact with another person, whether that is face-to-face or over the phone/internet. This type of order is filed when an action has already taken place.

How do you write a letter to a judge to drop a no contact order?

Write the reasons you want terminate the order. You may want to keep the order but ask that certain parts of it be dropped. You can ask that the “stay away” and “no contact” parts of the order be dropped, but still keep the parts of the order that say the other person can’t abuse you.