How to File a Restraining Order in Torrance, California

Restraining orders can be granted by request in Torrence, California.

In California, restraining orders are granted to protect a victim from abuse. Restraining orders encompass protection orders, stay-away orders, and "kick-out" orders. California law defines abuse as causing or attempting to cause bodily harm, sexual assault, threatening someone with bodily harm; actions such as molesting, stalking, and striking are also considered abuse. The abuse must be recent and the batterer must be a family member or someone you have been in relationship with at some point. As a resident of Torrance, California, you can file a restraining order at the Torrance Courthouse branch of the Los Angeles County Superior Court.

Instructions

1. Report any incident of violence immediately to the police. Ask for a emergency protective order (EPO) from a police officer. This order provides five court days or seven calendar days of protection (whichever is shorter).

2. Apply for a temporary restraining order (TRO) at the Torrance Courthouse Branch of the Los Angeles County Superior Court. The order lasts up to 21 days. The restrained person is served with a copy of the order and a hearing is set. You must attend the hearing. If the defendant shows up and you feel unsafe, tell a court officer when you arrive.

3. Bring any evidence of the defendant's misconduct to the temporary restraining order hearing. The temporary restraining order expires on the date of the hearing. The judge can extend the order to up to five years under the law, if the defendant is proven to be a threat.

4. Keep a copy of the order in your possession at all times. Law enforcement is given a copy of whatever restraining order is filed. Serving the restrained person must be arranged by you. However, you may not serve the restrained person yourself. Anyone can serve the restrained person as long as that person is 18 years old or older. You may ask the police to serve the order for you.

Tips & Warnings

• Call the police if your abuser violates the terms of the restraining order. The police may arrest the restrained person for violating the protective order's terms.

References

• Los Angeles Superior Court: Family Law-Domestic Violence Restraining Orders
• California Courts: FAQs - Abuse & Harassment

Resources

• Los Angeles County Superior Court: Domestic Violence Information Brochure