What Happens in a Restraining Order Hearing?
If you find yourself in a situation where you need to file a restraining order, you are likely nervous, scared, and unsure of what may happen. Understanding the process and knowing what to expect during the hearing may ease some of your anxiety.
Why You Might Need a Restraining Order
In California, a restraining order or protective order is a legal order issued by the court that requires one person to stop harming another, whether it is physical, sexual, stalking, threatening, or harassment. The person getting the restraining order is called the “protected person,” and the person on the receiving end of the restraining order is called the “restrained person.”
Restraining orders can include the following:
- Personal conduct orders prohibit the restrained person from committing specific actions
- Stay-away orders that don’t permit the restrained person from being in the same location as the protected person
- Residence exclusion states that the restrained person must vacate the premises where the protected person resides.
There are four different types of restraining orders, including:
- Domestic Violence : to protect someone who is being physically by a person they live with
- Civil Harassment: for protection from someone who is not a close family member or domestic partner, such as a neighbor, distant relative, or roommate.
- Elder or Dependent Adult Abuse: for adults who are unable to care for themselves due to physical or mental disabilities or older (65+) adults. The protective order is put in place for someone who has been physically abused, financially exploited, neglected, or deprived of services such as healthcare visits or medications.
- Workplace Violence: can be requested by an employer to protect an employee from being harassed at the workplace.
What to Expect During the Process
In California, an individual must first file a petition with the court. At the hearing, the petitioner (the person who filed the order) will have an opportunity to present evidence and testimony to support their claims. The respondent (the person the order is filed against) will also have a chance to give evidence and testimony.
The judge will review the evidence and decide whether or not to issue a restraining order. They may impose other conditions, such as requiring the respondent to attend counseling or surrender their firearms.
We’re Here to Help
If you are in a situation where you need to file a restraining order, don’t hesitate to get in touch with our attorneys at Lonich Patton Ehrlich Policastri. Our experienced lawyers have combined litigation experience of over 100 years in family law matters. We will work with you and provide you with support and guidance as you work through this challenging situation. Call us at 408-553-0801 to schedule your free and confidential consultation.
Gretchen Boger
Gretchen Z. Boger began her law career as a Deputy District Attorney in San Joaquin County from 2007 – 2010. During her tenure with the D.A.’s office, she prosecuted 17 jury trials. Ms. Boger has been practicing family law exclusively since January 2010. Ms. Boger joined Lonich Patton Ehrlich Policastri in 2013. She received her Juris Doctorate from the University of the Pacific, McGeorge School of Law. During her time at McGeorge, she received a concentration in trial advocacy.
