How to Get a Restraining Order in Los Angeles

If you live in Los Angeles and someone is stalking you or threatening your safety, you can go to court and ask a judge to issue a restraining order against that person. What you must prove to get a restraining order depends on which of the four types you request. The judge's order is enforced by the Los Angeles Police Department and requires the person to stop contacting you and to stay away from you or your children. Permanent restraining orders last for five years and can be renewed upon your request.

You can also use form-preparation software to fill out your restraining order application at www.HelpSelflegal.com. [1] . [2] . [3] .

Part 1
Part 1 of 3:

Preparing Your Case

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    Make sure you're in a safe place. If the person against whom you're seeking a restraining order is violent or has threatened violence, you might want to go to a shelter or other protected place.
    • Domestic violence shelters also have legal assistance and resources available to help you choose the right restraining order to meet your needs and make sure you've filled out the forms correctly.
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    Get an Emergency Protective Order (EPO). The Los Angeles Police Department can issue an EPO, which lasts for five court days and provides some relief against the person who's threatening or harassing you.
    • State law requires a judge or court commissioner to be available 24 hours a day, seven days a week to issue these orders.
    • To qualify for an EPO, there must be reasonable facts that show the person you want to restrain poses an immediate threat of domestic violence to you or your children.
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    Decide which type of restraining order you need. You can request one of four types of restraining orders in California, each of which has specific qualifications.
    • Civil harassment restraining orders are the most common. They can be issued by proving any type of violence against you, or a credible threat of violence. You also may be eligible for a civil harassment restraining order if the person is repeatedly annoying, harassing, or stalking you.
    • Domestic violence restraining orders are issued when you are being abused or threatened by someone who is closely related to you, such as a brother or a grandparent, or by someone with whom you have (or used to have) a romantic relationship.
    • If an elderly person is being threatened or physically abused, she may qualify for an elder abuse restraining order. This order also may be issued in cases of financial abuse, abandonment, deprivation, or neglect of an elderly person by someone who was supposed to be taking care of them.
    • The fourth type of restraining order, a workplace violence restraining order, can only be requested by your employer on your behalf. This order protects you if you're being stalked or harassed at your workplace.
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    Get the appropriate forms. The type of forms you'll need depends on which type of restraining order you'll be requesting.
    • You might consider consulting an attorney if you're unsure what type of restraining order you need. If you're concerned about the cost of attorney's fees, you may be able to find free or reduced-fee services by contacting a family law self-help center at any nearby courthouse or by speaking with someone at a domestic violence or other women's shelter.
    • In some situations, for example, you can bypass the temporary restraining order process and simply request a permanent restraining order. An attorney may be best suited to tell you if this applies to you.
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Part 2
Part 2 of 3:

Requesting a Temporary Restraining Order

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    Fill out your forms. Each set of forms has a document with instructions for filling them out correctly.
    • In addition to directing the person to stay a certain distance away from you or not contact you, a restraining order also may require the person to pay child support or participate in counseling.
    • If you're seeking a restraining order against the parent of your child, you also can have custody temporarily established through a restraining order.
    • Basic forms include the request for a restraining order, the notice of court hearing, and the temporary restraining order. You also can fill out additional pages as necessary to describe the person's actions.[4]
    • Depending on the issues in your case, you may need other forms. For example, if you have children and want child support payments included in the order, you also must fill out an income and expense declaration and a simplified financial statement.[5]
    • Keep in mind that you'll be sending a copy of your request to the person you want restrained, so he will be able to read everything you write in your forms. If you don't want that person to know where you live, you can use a state program called Safe at Home, which provides you with a secure address to use on court documents.[6]
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    Have your forms reviewed. The court's self-help center and many domestic violence shelters have attorneys who will review your forms free of charge to make sure you've filled them out correctly.[7]
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    Sign your forms and make copies. Once you've had your forms reviewed and are satisfied that all the information you've provided is complete and correct, you must sign your forms.
    • The California courts recommend making five copies. The court will keep your original forms. In addition, you'll need at least one copy for your own records and one for the person you want restrained. The other three copies are for any people other than yourself for whom you're requesting protection.[9]
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    File your forms with the clerk of court. Take your original forms and the copies to the clerk's office to file your request with the judge.[10]
    • In most cases, you won't have to pay a fee to file your request for a restraining order. For example, there is never a fee for a domestic violence restraining order.[11] However, you may have to pay a fee if you're requesting a civil harassment restraining order and stalking, violence, or threats of violence are not part of your claims.[12]
    • If you do have to pay a filing fee and can't afford it, you can ask the clerk for a fee waiver application. You will have to provide information about your income and assets so the court can determine if you qualify for a waiver.[13]
    • Sometimes the judge will want to speak to you when you file your forms, so make sure you're dressed in clean, conservative clothing as though you were appearing in court. Address the judge and all other court staff with courtesy and respect.
    • Temporary restraining orders are available through the Superior Court of California for the County of Los Angeles.
    • If someone violates a restraining order, those charges are dealt with by the criminal courts. However, restraining orders in Los Angeles are issued by civil family law courts.
    • There are 14 courthouses in Los Angeles County that hear civil cases including requests for restraining orders. You can find the courthouse nearest you by visiting http://www.lacourt.org/courthouse.
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    Pick up your temporary restraining order. Within 24 hours of the date you filed your request, the judge will review your request and decide whether to issue a temporary restraining order.
    • Your temporary restraining order typically lasts less than one month, or until the date of your hearing for a permanent restraining order.
    • Temporary orders cannot be renewed. If you want the temporary order extended, you must appear at your hearing and get a permanent restraining order.[14]
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Part 3
Part 3 of 3:

Getting a Permanent Restraining Order

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    Distribute copies of your temporary restraining order. If the judge grants a temporary restraining order, you should take copies to places you frequent such as work or school.
    • You should keep one copy on your person at all times, and another copy in a safe place. In addition, give copies to security officers or administrators at your school, your workplace, or anywhere else the person has been ordered not to go.[15]
    • Restraining orders also are entered into a state database so the information is available to law enforcement officers throughout the state.[16]
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    Have the restrained person served. The restrained person must have legal notice that you have requested a restraining order against him.
    • You can have the person served by having the temporary restraining order delivered to him along with a copy of your request and the notice of hearing.[17]
    • The judge will write a deadline on your papers, which will depend on when your hearing is scheduled. You must have the restrained person served by that date.[18]
    • Any person other than yourself can deliver these papers to the person. You also may have a sheriff's deputy serve the papers. In some cases, you can get a law enforcement officer to serve your papers for you for free. Otherwise you'll have to pay a fee. The clerk will be able to tell you if a fee is required in your situation.[19]
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    File your proof of service. Once the restrained person is served, the person who completed the service must fill out and file the proof of service with the court so the judge knows the person has sufficient notice of the hearing.
    • Make five copies of the proof of service, then file the original and copies with the clerk of court before your hearing. You must bring at least one file-stamped copy with you to your permanent order hearing.[20]
    • The court cannot make your temporary order permanent until there is proof that the restrained person was legally served and had adequate notice of the permanent order hearing.[21]
    • If you are unable to have the restrained person served by the deadline, you can ask the judge to set a new court date and extend your temporary restraining order so you have more time to complete service.[22]
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    Prepare for your hearing. Get ready for your hearing by gathering any documents, witnesses, or other information you have to support your request.
    • If other people have seen the restrained person's abuse or harassment, you can bring those people with you to testify on your behalf about the person's conduct.[23]
    • You also may have witnesses to testify as to how the restrained person made you feel, or about the fact that you are threatened and frightened.[24]
    • If you have any documents you intend to use as evidence, such as threatening voice mail messages or emails, make copies of those that you can bring with you to the courthouse. Since you typically won't be allowed to bring your cell phone into the courtroom, if you have anything saved on your phone you should make physical copies.
    • Other documents that might help prove the abusive or threatening conduct include photos, damaged property, and medical or police reports.[25]
    • You also need to bring at least one copy of every document you've filed in your case along with you. Organize and label your documents so you can find what you need quickly without disrupting the court.[26]
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    Attend your hearing. You must attend your hearing to make your temporary restraining order permanent.
    • Most restraining order hearings take place in the Stanley Mosk Courthouse, located at 111 North Hill Street in downtown Los Angeles.
    • At your permanent order hearing, you have the opportunity to present your case to the judge. The person you want the court to restrain will be able to present his case as well. Both you and the other person can call witnesses or submit evidence.
    • If the other person has witnesses, you will be allowed to cross-examine them. Any witnesses you bring with you will be subject to cross-examination as well.
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    Get copies of your permanent order. If the judge grants your permanent restraining order, you should keep a copy for your own records and make additional copies for any other protected people or to distribute at places such as work or school were the restrained person is not permitted.
    • The judge may make her decision immediately after hearing both sides present, or may decide to review the evidence submitted again before issuing her final decision in writing.
    • Typically the restraining order will prohibit the restrained person from having any contact with you or coming within a certain distances of your home, school, or workplace.
    • Your permanent order may last between one and five years, and can be renewed.
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References

  1. ↑ https://www.helpselflegal.com
  2. ↑ https://www.lawsitesblog.com/2017/12/startup-launching-today-provides-automated-legal-help-low-moderate-incomes-starting-domestic-violence.html
  3. ↑ http://mashable.com/2017/12/15/artificial-intelligence-domestic-violence-restraining-orders/#8chvd2CGomqI
  4. ↑ http://www.courts.ca.gov/1264.htm
  5. ↑ http://www.courts.ca.gov/1264.htm
  6. ↑ http://www.courts.ca.gov/1264.htm
  7. ↑ http://www.courts.ca.gov/1264.htm
  8. ↑ http://www.courts.ca.gov/1264.htm
  9. ↑ http://www.courts.ca.gov/1264.htm
  1. ↑ http://www.courts.ca.gov/1264.htm
  2. ↑ http://www.courts.ca.gov/1264.htm
  3. ↑ http://www.courts.ca.gov/1278.htm
  4. ↑ http://www.courts.ca.gov/selfhelp-feewaiver.htm
  5. ↑ http://www.courts.ca.gov/1264.htm
  6. ↑ http://www.courts.ca.gov/1278.htm
  7. ↑ http://www.courts.ca.gov/1278.htm
  8. ↑ http://www.courts.ca.gov/1278.htm
  9. ↑ http://www.courts.ca.gov/1278.htm
  10. ↑ http://www.courts.ca.gov/1278.htm
  11. ↑ http://www.courts.ca.gov/1278.htm
  12. ↑ http://www.courts.ca.gov/1278.htm
  13. ↑ http://www.courts.ca.gov/1278.htm
  14. ↑ http://www.courts.ca.gov/1278.htm
  15. ↑ http://www.courts.ca.gov/1278.htm
  16. ↑ http://www.courts.ca.gov/1278.htm
  17. ↑ http://www.courts.ca.gov/1278.htm

About This Article

Jennifer Mueller, JD
Written by:
Jennifer Mueller, JD
Doctor of Law, Indiana University
This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 53,086 times.
33 votes - 86%
Co-authors: 7
Updated: September 10, 2022
Views: 53,086
Categories: Court Orders
Article SummaryX

Before you file for a restraining order in Los Angeles, make sure you're safe. If the person you want a restraining order against is being violent towards you, visit a domestic violence shelter, where you’ll find legal resources to help you. You can also contact the police to request an emergency protection order, which bans the person from contacting you for 5 court days so you have time to apply for a more permanent order. There are 4 types of restraining order you can apply for depending on your situation. These include civil harassment orders, domestic violence orders, elderly abuse orders, and workplace violence restraining orders. If you’re unsure which one applies to you, get advice from an attorney or a shelter on which forms you need to complete. Once you’ve filled out your forms, you can ask the court’s self-help center or an attorney at a domestic violence shelter to review them for free. Then, sign your form, make copies for yourself and the person you want restrained, and submit the original form to the clerk of court for review by a judge. To learn more from our Legal co-author, including what the difference is between temporary and permanent restraining orders, keep reading.

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