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First, you must fill out all the required California Judicial Council Forms or your civil harassment restraining order packet, notice the other side or request a waiver of notice, and submit the papers to the court. Wait for the judge to rule on the granting of a temporary restraining order and obtain the paperwork.
Stay Away Order vs Restraining Order The main difference is that the Stay-Away Order (Criminal Protective Order) arises out of a criminal case and is issued in criminal court by a Judge while the Civil Restraining Order is issued by civil or family law Judges.
Yes. It is possible to force an abuser to leave the home. Apply for a protective order that specifically asks for a kick-out order.
A: Generally, there is no difference between a restraining order and a protective order. California law uses them to refer to the same action. These words are used interchangeably for the same court order, which protects a person from abuse, stalking, violence, or threats of violence from another person.
Ex Parte Kick-Out: Under California Family Code § 6321, ?a court may issue an ex parte order excluding a party from the family dwelling, the dwelling of the other party, the common dwelling of both parties, or the dwelling of the person who has care, custody and control of a child to be protected from domestic violence ...