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

The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.

What happens at a TRO hearing in California?

What Happens at the Hearing? During the restraining order hearing process, the judge holds an immediate hearing for the plaintiff to review the paperwork, decides whether to issue a TRO, and sets a date for the full hearing. Each party presents their case at the full hearing.

What happens if a restraining order is not served in California?

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. At your court date, the judge can give you more time, if you need it.

What proof do you need for a restraining order in 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 do I fight a restraining order in California?

If you do not agree to having a restraining order against you, you must go to court on your hearing date to tell the judge why you do not agree.

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Is it hard to get a TRO in California?

Temporary Restraining Orders Require Little to No Evidence The court papers required for a temporary restraining order in California can be filed by any individual. In San Diego and many courts in California, temporary restraining order requests are handled the same day they are filed.

How long does it take to get a TRO in California?

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. If the judge grants you a long-term restraining order, it can last up to five years.

What are the requirements for a TRO in California?

A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.

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