Does it cost money to file a restraining order in California?

Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).

Is a restraining order a criminal record in California?

Restraining orders are not criminal charges, and they appear on your civil record, not your criminal record. However, you could also be charged with criminal offenses such as domestic violence or assault in conjunction with a restraining order.

What is the difference between a restraining order and an order of protection in California?

Civil Orders. The main difference between a protective order and a restraining order is in which court, civil or criminal, the order is issued. In criminal cases, criminal protective orders are requested by the district attorney on behalf of the victim.

What do you need to prove to get a restraining order in California?

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

What is the process of getting a restraining order in California?

The restraining order process for civil harassment cases Ask for a restraining order. You will complete and turn in court papers. ... Serve the other side. The other side (person you want protection from) must be served with (given) the court papers filed with the court. Go to court. ... Finish the case.

Is a restraining order civil or criminal in California?

A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically.

What are the grounds for a restraining order in CA?

You can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.

What type of proof do I need to support a restraining order California?

This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner. The court will not entertain a simple exchange of allegations. The petitioner must provide specific acts of harassment, threats or physical harm as evidence.

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S if there has been domestic violence. Some examples of domestic violence are physical violence such as hitting, shoving, grabbing and restraining movement or threats with a past history of physical violence. If you or your children or other family members are victims of domestic violence by your spouse, father, mother, brothers or sisters or a boyfriend or girlfriend, you can use these forms to ask the court to give.

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