This form is a Petition for a Temporary Restraining Order and Pertinent Injunction. The form must be filed in order to prohibit any contact between the named parties on a permanent basis. The form must be signed in the presence of a notary public.
California Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
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US-CMP-10021
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How to fill out Petition For Temporary Restraining Order And Permanent Injunction For Personal Harassment?
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FAQ
A temporary restraining order or order of protection is a court issued injunction that requires a party to do, or refrain from doing, certain acts. A violation of the restraining order is prosecuted as a misdemeanor contempt of court and subjects the violator up to one year in county jail.
Types of proof that can aid in your filing a protective order include: Threatening, violent, or harassing, texts, emails, or voicemails. Previous calls to 911 or domestic violence hotlines. Records of previous medical emergencies or injuries that occurred because of the other party.
If a permanent restraining order is not granted, the temporary order will be removed from your record. However, even if the interim order is no longer active, it may still be accessible in certain situations, such as through more comprehensive background checks or court records.
Q: Are California Restraining Orders Public Records? A: A permanent restraining order is on your public record and will remain there. Sealing a record or expunging charges is only available for criminal charges, and restraining orders are usually part of civil records.
Since a restraining order is a public record, it can affect a job search. Your potential new employer may discover your restraining order during a background check. There are certain reasons a restraining order may affect your current job.
526. (a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.
When a protective order expires, the victim and the defendant are released from it. The judge can extend the order for five more years or permanently during the last three months of the order. This extension does not require further proof of abuse on your part.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.