Restraining in california Order Forms

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Commonly Asked Questions about Restraining in california Order Forms

Does a restraining order stay on your record California?

A California restraining order will appear on your record as a civil restraining order. However, if you violate the order, you can be charged with a crime. Violating the order can lead to misdemeanor or felony charges, depending on the circumstances.

What is a no contact order in California?

A No Contact Order is a directive issued to a student (i.e., the Respondent) that requires them to avoid all contact with the requesting party (i.e., the Complainant). No Contact Orders are not restraining orders.

Can you put a restraining order on anyone 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 fast can you get a restraining order in California?

Under most circumstances, a California judge will decide whether or not they will issue a temporary restraining order within one business day of receiving the case for consideration.

How long do you go to jail for a restraining order in California?

In most cases, violating a protective order is a misdemeanor offense. If youre convicted, you could face up to one year in county jail and up to $1000 in fines. At the judges discretion, based on the case facts, they may reduce the sentence to summary probation, but the original protective order remains in effect.

Why would a judge deny a restraining order in California?

If a judge is unwilling to grant the TRO, that essentially means that the petitioner has not made a reasonable primafacie case of harassment or abuse, and does not bode well for the petitioners case.

How much does a 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 difference between a protective order and a restraining order in California?

Overall, no, California does not make an important or official distinction between protective orders and restraining orders. The two terms are often used interchangeably in legal contexts.