The Court Process
They way in which you obtain a restraining order is a three-step process. First, you (or your attorney) must complete and fill out the forms such as application for a temporary restraining order, answer to a restraining order, proof of service of a restraining order, etc. Second, you must apply for a temporary restraining order in court. You do not have to give notice (warning of the court date) to the other side (use this court form) if you believe there will be harm or continued violence. You will then get a hearing date in 15-21 days to present all the evidence in the case. The other side will also be allowed TRO attend the hearing and the Judge will decide if your temporary restraining order becomes a permanent restraining order.
If, however, you are served with a TRO (temporary restraining order) you must show up at the permanent hearing to determine if the temporary order becomes permanent or get dismissed. You (or your attorney) must present evidence and question the witnesses to show that there is no need for a permanent order. The respondent does have the right to one continuance if you did not get notice of the TRO (temporary restraining order). Family Law Code §243(e) and Code of Civil Procedure §527 and 527.6.
Forms You Will Need
The forms are complex and with the help of our Los Angeles restraining order attorney, we can provide the guidance needed to prevail.
Forms Needed If You Get Served With A TRO
You will need to file an answer to the temporary restraining order and serve the other side. Please use the following links to find the form for your response.