How to Get a Restraining Order in Los Angeles

Restraining orders give the police more freedom to protect you.

If you're in a situation in which you feel threatened by someone in your life, you may be considering a restraining order. A restraining order makes it easier for you to get protection before a domestic situation becomes violent, and it can also serve as a deterrent. The process of getting a restraining order in Los Angeles is relatively streamlined.

Instructions

1. Determine whether your situation is severe enough to warrant a restraining order. If you or your family members have been hurt or threatened, you have a good chance of getting one.

2. Obtain an emergency protection order directly from the police department. These are legally valid for five court days and are intended to protect you while you seek a restraining order.

3. Go to your nearest superior court and request a temporary restraining order. The clerk will schedule you for a full hearing within three weeks. If you think you are in immediate danger, the court can grant you a temporary protection order that will cover the time until your hearing.

4. Go to the hearing and make your case. If your reasons are legally sound, you may be granted a restraining order for up to five years. Any order without a termination date specified, however, will last for only three years. At a later date, you can ask to have the order extended or even made permanent. You won't necessarily be required to prove any additional abuse or violations.

Tips & Warnings

• The order does not become legally binding until the subject has been served with it.

• If there are children involved, you may be required to make some concessions through a mediator and set up a visitation routine.

References

• Los Angeles Police Department: Obtaining a Restraining Order
• Women's Law: California Domestic Violence Restraining Orders

Resources

• Help Guide: Domestic Violence and Abuse