If in your request, you claim that there has been stalking, violence, or threats of violence, you probably will NOT have to pay a fee. Under California law ( Code of Civil Procedure §527.6 ), a person who has suffered harassment may seek a temporary restraining order and an injunction prohibiting harassment. Some courts do not want you to make the copies until after Step 2 below, so make sure you ask your court clerk for the procedures in your court. There are two kinds of restraining orders – temporary restraining orders, and permanent restraining orders. If so, make sure it lists the forms served, date papers were served, where they were served, and time of service. You can take a witness to help support your case. Different types of restraining orders, 2. Keep in mind that procedures for filing papers for restraining orders vary from court to court, so check with the court clerk for the procedure in your court. Look at item 9 of your Temporary Restraining Order (CLETS - TCH) (Form CH-110) to see whether you or your court clerk will do this. Violating an ATRO can come with serious consequences in California… At the end of the hearing, the judge will say what the orders are. Get Ready and Go to your Court Hearing. If you are facing a family law situation that includes an ATRO, like a divorce, a legal separation, an annulment or a paternity action, it is in your best interest to hire an attorney experienced in … In general, you have to follow these steps: 1. (d) Upon filing a petition for orders under this section, the petitioner may obtain a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. They will do it for free if the restraining order is based on stalking, violence, or a credible threat of violence. Temporary Restraining Order: A court order that lasts only until the court can hear further evidence. If you cannot afford the fees, you can ask for a fee waiver. The temporary restraining order will stay in effect only until a hearing takes place where the person you seek to restrain has an opportunity to tell his or her side of the story to the judge. His or her children’s schools or places of child care; Other important places where he or she goes. You have a close relationship with that person (married or registered domestic partners, divorced, separated, dating or used to date, have a child together, or live together or used to live together — but more than roommates), or you are closely related (parent, child, brother, sister, grandmother, grandfather, in-law). Ignoring an Automatic Temporary Restraining Orders in California could have serious consequences! Fill out your forms and give them to the Court Specialist in the Calendar Office (Room 104) at the Downtown Superior Court. temporary restraining order, asset freeze and order to show cause regarding preliminary injunction . Look at item 10 on Form CH-110 to see if the judge included an order for free service by law enforcement. ACCESS Center Hours and Services, effective January 1, 2021 Centro … File Your Court Forms With the Court, persons with disabilities and a form to ask for an accommodation, STEP 3. If not, make sure you arrange for child care. (Form CH-200-INFO). The extra copies will be for other protected people or for you to keep in a safe place. The temporary restraining order is a CLETS (California Law Enforcement Telecommunication System) order. If the judge made any changes to the orders you asked for in your request. The purpose of the EPO is to protect the abused person while they are in the process of applying to the court for a temporary restraining order. Get Ready and Go to Your Court Hearing. The most common reason for restraining orders is when an abuser violates domestic violence laws. If you do that, you can also dismiss your case by filing a Request for Dismissal (Form CIV-110) or simply do nothing, which will keep the case open but inactive if no more papers are filed. The restrained person or his or her lawyer may also ask you questions. If all or part of your request was denied and you do not want to go forward, you can tell the court clerk that you want to cancel the court hearing. It is confidential. In other courts, you may have to go to the courtroom directly. TROs typically last only for a few weeks, after which they will either expire or be replaced by the full restraining order… Fill out your restraining order forms The Four Automatic Restraining Orders When you file for divorce, one of the forms you need to include in your filing is the Summons (Family Law), California … See Going to Court to read more information about how to prepare for your court hearing. 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