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If you and the abuser have minor children together, a temporary order can only last up to 30 days, maximum. However, if you do not have minor children together, a temporary protective order can be longer than 30 days, up to a maximum of one year.
If the party who filed for the restraining order does not attend the hearing, the temporary restraining order will be terminated that day. At the hearing, the judge will hear testimony from both parties and possibly any witnesses.
How long does a court order last? The maximum length of a restraining order is five years from the court date or court hearing date upon which the order was issued.
Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).
Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.
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Give your Form DV-130 to the clerk (or the judge) and the judge will sign it. Make sure the clerk files it. The clerk will give you up to 5 copies. Serve the restrained person with a copy of Form DV-130 and any other attachments to the order.
The Order of Protection will last for 2 years (unless the court orders a different date). What happens if I still need protection after the 2 years are up? You can ask the court to renew your Order of Protection. The court has forms you can use to do this.
Appeal a restraining order in California for lack of due process Make the request and fill out the proper details on Request for Order (Form FL-300) Make sure to have all forms reviewed at your court's self-help center. Create three copies of each form. ... Provide your court clerk with these forms.
PENALTIES FOR VIOLATING RESTRAINING ORDERS IN CALIFORNIA For misdemeanor cases, a defendant may face the following punishments: Up to one year of county jail time or state imprisonment. Up to $1,000 in penalty fines.
WHAT HAPPENS IF YOU VIOLATE A RESTRAINING ORDER IN CALIFORNIA? Breaching a restraining or protective order is a criminal offense according to California Penal Code 273.6 PC. In most cases, breaking a restraining order is a misdemeanor offense if done once.

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