California court civil restraining Order Forms - Page 2

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Commonly Asked Questions about California court civil restraining Order Forms

Can a restraining order be served by mail in California?

Look at form DV-130, item 30(b), to see if the judge ordered you to serve by mail or in person. If you are ordered to serve by mail, this means your server only has to mail a copy of the restraining order.

How many days before court must you be served in California?

Figure out the deadline to serve Unless the court orders a different time to serve, your server must mail the papers at least 16 court days plus 5 calendar days before your court date. A court day is a day the court is open (Monday through Friday, excluding court holidays). How do I calculate the deadline?

Is a restraining order civil or criminal in California?

A party may seek a restraining order in family law or civil even when there is a Criminal Protective Order.

How much does a civil harassment restraining order cost in California?

If you want a restraining order against someone but have not been injured, threatened, or stalked by them, you will likely have to pay a filing fee. California courts can impose a fee between $435 and $450 (circa 2024) to file for a restraining order without alleging violence, stalking, or threats of violence.

What is the burden of proof for a civil harassment restraining order in California?

Witnesses may also bolster your case, but the court may or may not let witnesses speak at the hearing. A petitioner seeking a Civil Harassment Restraining Order must prove the matter by clear and convincing proof, meaning the petitioner must prove his or her facts in the case to be highly probable.

Can a restraining order be valid if never served in California?

Service is also important because it will give the judge the power to consider granting you a long-term restraining order, that could last up to five years. Without service, the court can only grant you a temporary restraining order. Service can be a hard step to complete and make take multiple tries.

How do I serve someone in a restraining order in California?

After you get a court date for your restraining order, you must have someone give a copy of your court papers to the person you need protection from. This is called serving papers. A sheriff or marshal can do it for free, but you can also choose someone else to serve for you.

How to serve someone who is avoiding service in California?

Substituted Service may be used if personal service has not been successful after several attempts to serve the person. For Substituted Service, copies of the papers are left at the place of residence (home), or normal place of business of the person to be served.