Immediate Restraining Order
I have started a case. The other party has threatened my safety. What can I do? |
Important: If there is an emergency, contact law enforcement at 911, or the local number for the police or sheriff.
In a family law case, you can ask the court for a Protection Order. For immediate protection, contact the clerk of the court for more information. You can ask the court for a Restraining Order. You can also ask the court to prohibit weapons and to order your spouse or ex-spouse to surrender weapons to the police or sheriff.
A court may grant an Immediate Restraining Order (Ex Parte) the same day as the request is made, even without notice to the other spouse, if necessary to provide safety. The court may grant a Temporary Family Law Order and Restraining Order after a hearing, with notice to the other party, and the orders can stay in effect until your divorce case is final (at which time the restraining order can be extended).
Note: Additional documents may be required by local county superior court rules.
Important: To obtain legal advice you should hire a lawyer (for “full service” representation or for “limited” representation) or, if you cannot afford one, contact a low cost or free legal service program. For a referral to a lawyer or a legal service program, call CLEAR (888) 201-1014. Your county may also have a courthouse facilitator who cannot provide legal advice, but who can offer limited assistance in completing necessary paperwork. This list of forms is not legal advice and is provided only for reference purposes.
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