Step 1: Go to the district attorney's office or the courthouse to file. Step 2: Fill out the forms. Step 3: A judge will review your petition. Step 4: Service of process. Step 5: The hearing for a permanent protective order.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
A protective order is only available for people who have experienced dating or family violence and it can lead to criminal penalties (the Respondent/violator can be arrested) if violated. A restraining order can be ordered by a court for many different types of situations and only has civil penalties if violated.
For a non-lawyer to do the same is to engage in the unauthorized practice of law. Preparing legal documents for the public is also reserved for duly licensed attorneys and to “draft” legal documents for the general public without working under the direct supervision of a licensed attorney is to engage in UPL.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
Because a protective order is a civil court order, a victim can drop an order of protection. The victim must return to the court and ask the judge to dismiss the order.