Restraining Orders Procedure

procedure of restraining orders

When individuals apply for elder or dependent adult abuse restraining order in court, they need to file court forms telling the choose what orders they require and why. What happens at the moment varies slightly from court to court, however the final steps within the court case are:

1. The person wanting protection (or a court-approved guardian or conservator of the protected person) files court forms posing for the restraining order. there’s NO fee to file.

2. The choose can decide whether or not or to not build the order by following business day. typically the choose decides sooner.

3. If the choose grants (gives) the orders requested, he or she’s going to initial build “temporary” orders that solely last till the court date. The court date are going to be on the work. These temporary orders will embrace problems like:

Ordering the restrained person to remain faraway from the protected person (and different protected people);
Ordering the restrained person to not have any contact with the protected person (and different protected people); and
Ordering the restrained person to go away the house if he or she lives with the protected person.
4. The person posing for protection can ought to “serve” the opposite person with a duplicate of all the restraining order papers before the court date. this implies that somebody eighteen or older (NOT concerned within the case) should hand-deliver a duplicate of all the papers to the restrained person.

5. The restrained person has the correct to file a solution to the restraining order request, explaining his or her facet of the story.

6. Either side attend the court hearing.

If the protected person doesn’t attend the hearing, the temporary restraining order can sometimes finish that day and there’ll NOT be a restraining order.
If the restrained person doesn’t attend the hearing, he or she’s going to haven’t any input within the case and his or her facet of the story won’t be taken under consideration.
7. At the hearing, the choose can arrange to continue or cancel the temporary restraining order. If the choose decides to increase the temporary order, the “permanent” order could last for up to five years.

For more information go to  http://www.courts.ca.gov/

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