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What happens at a restraining order hearing in California?

During the hearing, the judge will hears from both parties, and decide whether to extend the restraining order for 5 years. The judge extends a restraining order by signing form DV-130-Restraining Order after Hearing.

How do you serve a restraining order in California?

Serve your papers on the restrained person Have someone serve (give) the restrained person a copy of the order and other papers you filed. The papers must be delivered in person. You cannot send them by mail. Make sure this is done before your deadline.

How much does it cost to put a restraining order on someone in California?

File your forms There is NO FEE for filing a domestic violence restraining order. If you do not speak English well, ask the clerk for an interpreter for your hearing date.

What happens if a restraining order is not served California?

If the restrained person wasnt served, fill out a Request to Continue Court Hearing and Reissue Temporary Restraining Order (Form DV-115 ) and a Notice of New Hearing and Order on Reissuance (Form DV-116 ) to ask the judge for a new hearing date. Do this before or at your hearing.

What are grounds for filing a restraining order?

physically, psychologically or sexually abuse or threaten the protected people; damage or threaten to damage the property of the protected people; must not encourage anyone else to physically, sexually or psychologically abuse or threaten the protected people.

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What type of proof do I need to support a restraining order California?

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

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

You can file papers in court asking the judge to find the restrained person in contempt of court for violating the restraining orders. The restrained person could be punished with 5 days in jail for each violation of the restraining order.

Can you cancel a restraining order before the hearing?

The person applying to remove or vary the order must notify the court and prosecutor of the evidence that they seek to rely on. An application to revoke or vary a restraining order may be decided without a hearing.

How do you cancel a temporary restraining order in California?

) you have to file a request in court before date that the Restraining Order expires. You can do this if you are the person protected by the order or the person restrained by the order.

How do I dismiss a temporary restraining order in California?

) you have to file a request in court before date that the Restraining Order expires. You can do this if you are the person protected by the order or the person restrained by the order.

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