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What Happens at a Restraining Order Hearing in California?

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Recently updated on May 7th, 2024 at 11:59 pm

The types are:

Domestic Violence is for situations when the abuser is your current or former romantic partner or family member (not roommate)

 

Civil harassment is for situations when the abuser is your roommate, neighbor, coworker, total stranger or anyone who is not a romantic partner or close family member.

 

Elder Abuse: is for situations when a senior citizen or disabled adult is being abused by a caretaker, neighbor or child .

(Not quite ready for online filing)

 

 

Gun Violence: is for cops or family members to apply for when an unstable person has a firearm,  and risks hurting themselves or others. The court order requests firearms to be taken away.

(Not quite ready for online filing)

 

Workplace Violence: An employer usually requests these to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.

(Not quite ready for online filing)

 

 

School Violence is for school officials to get when there's risk of violence against students at a private college or university when the risk of violence is at the on campus.

(Not quite ready for online filing)

 

 

Once someone asks for a restraining order, the judge quickly checks the documents filed by the person asking for protection. After this fast check, the judge decides if a temporary restraining order should be given and picks a day for a complete hearing. During this full hearing, both the person asking for the order and the person it's against tell their sides of the story to the judge.

 

What Happens at a Temporary Restraining Order Hearing in California?

 

A TRO hearing occurs soon after a restraining order request is filed. The judge reviews the submitted documents and decides on immediate protection measures.

The judge holds an urgent hearing to assess the petitioner's paperwork. The petitioner presents reasons for seeking protection, and the judge decides whether to grant a temporary order to ensure immediate safety.

If granted, a TRO is temporary and typically lasts until the full hearing. It aims to provide immediate protection until a thorough evaluation can be conducted.

What Happens at a Final Restraining Order Hearing in California?

An FRO hearing happens after the TRO. It's a comprehensive hearing where both parties present their cases to determine if a long-term restraining order is necessary.

At the FRO hearing, both the petitioner and respondent attend. Each party presents evidence, witness testimonies, and their side of the story before the judge.

Based on the evidence and testimonies presented, the judge decides whether to issue a final restraining order. If granted, an FRO can last for an extended period, offering continued protection.

Key Differences

Timing: TRO hearings occur immediately after filing for a restraining order to address urgent safety concerns. FRO hearings take place after the TRO, allowing a thorough examination of evidence and testimonies.

Duration: TROs are temporary, providing immediate but short-term protection. FROs, if granted, offer longer-term protection after a comprehensive evaluation.

 

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