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Legal Distinctions: Restraining orders are filed in civil court, while protective orders are issued in criminal court, often in domestic violence cases. Simultaneous Use of Both Orders: Possible in some scenarios, like domestic violence, where both can be pursued simultaneously.
If required, pay a filing fee If you are not alleging violence, stalking or threats of violence or if you did not ask for a fee waiver, you will need to pay $435-$450 to the clerk when you file your forms. Go back to the first step to learn about how to ask to pay no filing fees. What if my fee waiver is denied?
A civil harassment restraining order can provide you with protection right away. Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is.
Choosing between a restraining order and a protective order depends on your situation. A protective order is suitable for threats or abuse from family, partners, or intimate individuals, while a restraining order may be more fitting for harassment or threats from neighbors, acquaintances, or strangers.
There are three types of orders of protection that can provide victims with legal protections to support their safetyemergency protective orders, temporary restraining orders, and permanent restraining orders.
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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.
Ask for a restraining order Form NameForm Number Request for Domestic Violence Restraining Order (DV-100) DV-100 Confidential CLETS Information CLETS-001 Notice of Court Hearing DV-109 Temporary Restraining Order DV-1103 more rows

restraining order san joaquin county