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Contact us if you need assistance serving a restraining order. A licensed process server can help you.

Restraining orders can be issued for various reasons, such as violence, severe threats of violence, harassment, stalking, or suspected child abuse. These orders require the alleged offender to stay away from the alleged victim and refrain from contact through any means, such as by phone, mail, or delivery. Furthermore, the judiciary has the authority to mandate that the transgressor provide financial assistance, including covering housing expenses and compensating for any incurred damages, such as healthcare bills or property destruction. The court may also instruct the wrongdoer to relinquish all firearms.

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Frequently Asked Questions

Individuals in Rancho Cordova can seek legal protection from harassment, threats, or violations of rights by requesting a restraining order from the court. A restraining order, also known as an order of protection, is a court order intended to protect someone who has a legitimate fear for their safety due to another person’s actions. The person requesting the restraining order is the alleged victim, and the person or entity that appears to be a threat is the alleged offender.

A restraining order for domestic violence can be sought when an individual has experienced abuse and shares a close connection with the perpetrator, such as being married, separated, dating, co-parenting, cohabitating, or sharing a close blood relation.

An order for protection against an elder or dependent adult abuse can be pursued by individuals aged 65 or older, or those aged 18 to 64 with physical or mental impairments that hinder their ability to defend themselves, who have suffered from physical or financial exploitation, neglect, or mistreatment.

A civil harassment protection order may be obtained by someone who experiences harassment, stalking, abuse, or threats from someone with no close relationship, such as a distant relative or neighbor.

Lastly, a workplace violence restraining order can be filed by an employer to safeguard an employee who has been subjected to stalking, severe harassment, violence, or a credible threat of violence at work; however, employees themselves cannot request this type of order and must instead pursue a civil harassment or domestic violence restraining order if the offender is a current or former partner or a close family member.

When someone needs the court to order another person to stay away from them, they may apply for a restraining order. There are three main types of restraining orders: Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Restraining Orders. EPOs are requested by a law enforcement officer on behalf of the person in danger. A judge or commissioner will grant an EPO if they deem it necessary to protect the person from domestic violence, child abuse, child abduction, elderly abuse, or dependent adult abuse. These orders take effect immediately and remain in place for one week. TROs are issued when a judge believes there is an immediate danger and need for protection before the court hears the case; these last for 20-25 days. A Permanent Restraining Order is issued at a court hearing, where the judge will decide whether or not to grant it. The length of time this type of restraining order covers depends on the circumstances, but it could be as long as five years for domestic violence or three years for civil harassment.

Anyone can apply for a restraining order in the county where the abuser resides or where the abuse occurred. The civil court clerk is responsible for filing and keeping court records. At the court clerk’s office, request the forms necessary to file for a restraining order. Request a Temporary Restraining Order if immediate protection is required.

A typewriter or neat handwriting is best for completing court forms, and some counties may accept handwritten forms if they are legible. Consult the court clerk regarding any special local rules concerning forms or how they should be filled out. Compile court papers in a folder and keep a clean copy of all court papers.

Court forms can be filed either in person or by mail. It is suggested to file in person to receive the orders as soon as possible. If filing by mail, send an extra copy and a stamped, self-addressed envelope for the court clerk to send an official copy of each form.

The judge may sign the order on the same day of filing or on the next court day if filed late in the day. Regardless, the clerk will inform the individual when to return for the court hearing. The clerk will record the hearing date and location on all copies of court forms. The original set will remain with the clerk, and a photocopied set will be provided to the applicant.

It is necessary to provide the abuser with formal notification that a restraining order has been requested. This can be done through a registered process server, provided the individual is of legal age (18 or over) and is not involved in the case. The court must establish the time frame for service. If service is not accomplished by the court date, the individual may request a new hearing date and temporary restraining order by completing a specific form before the hearing. If it is believed that the abuser is deliberately avoiding service, alternative methods of service, such as service by publication, service by mail with a return receipt requested, or delivery of the court papers to the abuser’s home or place of work. The process server who serves the papers must complete a proof of service form, which must then be filed in court. The individual must make copies of the form for filing, and a copy should be taken to the hearing and attached to the restraining order as proof of service.

When a restraining order is in place, it can only be dropped with the court’s permission. The process for dropping a restraining order may vary depending on the state. To proceed, the party seeking to drop the order must be present in the courtroom. In some cases, the target of the order may be required to provide evidence that the initial circumstances no longer exist and that any potential violent behavior has been addressed.

The protected party may also be asked to explain why the order is unnecessary. Regardless of whether the protected party is living with the target of the order again, the restraining order will not automatically be dropped. To avoid any legal repercussions, it is vital to properly drop the order before any contact or living arrangements are resumed.

Restraining orders in California are generally public record, unless they are sealed for some reason. To obtain a copy, a person must request it from the court clerk in the county where the order was filed and pay any associated fees. The order may show up on background checks, depending on the type of search and the job. A restraining order can last up to five years but may be shorter. If the order has expired and was not violated, it can be expunged from the record, meaning it will no longer appear on background checks. By following the order and seeking expungement, a restraining order can have a minimal impact on a person’s current and future housing or employment opportunities.