There are multiple types of restraining orders in California. If your ex-partner has abused you or your children in any way, you will want to pursue a domestic violence restraining order.

When you need legal support to obtain a restraining order, the Certified Family Law Specialist at Sarieh Family Law is here to help you. Our legal team will be there from start to finish, and we will prioritize your safety and legal rights every step of the way.

How to Get a Restraining Order Against Your Ex-Partner

A domestic violence restraining order can be requested against a current or former spouse, domestic partner, or anyone you have or have had an intimate relationship with. This type of restraining order is also available for relatives.

Abuse can occur in many different ways, including financial, physical, sexual, and emotional abuse. If you have experienced abuse, threats, stalking, or harassment from your ex-partner, filing for a restraining order can provide reassurance and protection.

Step-by-Step Guide to Filing a Restraining Order Petition

To file a domestic violence restraining order against your ex-partner, you will need to fill out form DV-100. This form describes what orders you are requesting from the judge and details what abuse you’ve experienced. Other forms you may need include:

  • Confidential CLETS Information, form CLETS-001
  • Notice of Court Hearing, form DV-109
  • Temporary Restraining Order, form DV-110

Additional forms may be required based on your situation, such as if you’re requesting custody or visitation. Consult an attorney to ensure all required documents are submitted.

Understanding Temporary vs. Permanent Restraining Orders

A temporary restraining order may provide immediate protection after filing. These orders last until a hearing, where you must prove abuse, harassment, or threats to obtain a permanent order.

Permanent orders typically last up to three years and may be renewed if needed.

Restraining Order Conditions and Consequences of Violations

Conditions of a restraining order vary but often prohibit the abuser from:

  • Contacting you
  • Harassing or stalking you
  • Threatening or harming you
  • Coming near you or your home
  • Having firearms or ammunition

They may also be required to move out, surrender keys, or attend counseling. Violations can result in criminal charges and police enforcement.

Why Legal Guidance Is Crucial for Restraining Orders

Many victims assume their testimony will be sufficient for a restraining order, but the process can be legally complex. Legal representation is often necessary due to:

  • Denial of allegations by the abuser, presenting an alternate narrative
  • The intimidation of facing your ex-partner in court
  • The challenge of gathering evidence after experiencing abuse

An attorney can guide you through deadlines, evidence preparation, and presenting your case effectively.

Expert Legal Assistance for Protecting Yourself with a Restraining Order

The attorneys at Sarieh Family Law can help you complete the necessary paperwork, prepare your case, and represent you in court. We understand the fear and trauma involved and are committed to supporting you. Contact us today to schedule a free case evaluation.