Question: Can You Get A Restraining Order For No Reason?

Does a restraining order ruin your life?

A restraining order or order of protection can be a person’s last resort against threatening or harassing behavior.

They can also be a person’s only means to stop domestic violence or abuse.

In some cases, restraining orders can save lives.

In other cases, they can ruin lives or be a tool for harassment..

What happens if someone files a restraining order against you?

To report a violation of a restraining order, you need to call the police or go to the police station. If there is a restraining order against you, but the person who filed the order repeatedly tries to have contact with you, you may go to court to ask the judge to vacate the restraining order.

How long does a restraining order hearing take?

about 3 weeksAfter you appear before the judge to ask for a Temporary Restraining Order, a court hearing will be set in about 3 weeks so the judge can hear from both parties before deciding if the orders will continue for up to 5 years. Hearings are scheduled at 8:30am, Monday-Friday.

What happens at a restraining order court hearing?

You have the right to attend the final restraining order hearing to defend yourself against the other party’s allegations before a final restraining order can be issued against you. … At the hearing, the judge will hear testimony from both parties and possibly any witnesses.

Is a violation of a restraining order a felony?

Violating a restraining order, prohibited by Penal Code § 273.6, is usually a misdemeanor, but it can be charged as a felony.

Why would a restraining order be denied?

A judge issues a restraining order in civil court to protect a person and her property from being threatened or harmed by another person. … Often a restraining order is denied because the judge believes the petitioner did not show evidence of a serious threat or harm by the defendant.

What proof do you need to get a restraining order against someone?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

Can you get a restraining order online?

How do I file for a restraining order? For a civil restraining order: You (or your attorney) file the request. You, or your attorney, can draft the terms of the proposed order you wish to get from the court, and specify that the order applies to online and offline behavior in that order.

Do you have to show up to a restraining order hearing?

You r appearance at a restraining order hearing is not required by law. If you do not show, the court will NOT issue a warrant for your arrest. If you are the plaintiff on a restraining order hearing, your failure to appear will result in the court not…

How long does it take to get a restraining order against someone?

If the judge grants a hearing date to discuss the need for a Permanent Domestic Violence or Elder or Dependent Adult Abuse Restraining Order, it will be scheduled 21 to 25 days from the date you filed your paperwork.

Are restraining orders public?

In California, domestic violence restraining orders are issued under Family Code Section 6200, et. … The California Courts have designed domestic violence restraining orders accessible to the public so as to not require a lawyer to obtain or defend against one.

Can you put a restraining order for no reason?

Answer: Courts do not issue permanent restraining orders readily, but they are possible to obtain. The court must be satisfied that the woman’s fear is both reasonable and ongoing and that there is little or no reason to think that fear will end.

What happens if someone files a false restraining order?

If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order.

Can you get a restraining order for anything?

Obtaining a Restraining Order A victim of domestic violence can obtain a restraining order. The term includes any person who has been subjected to domestic abuse by a spouse or a present or former household member.

What happens if you don’t get served a restraining order?

The restrained person must be served before the hearing. If the restrained person wasn’t served, fill out a Request to Continue Court Hearing and Reissue Temporary Restraining Order (Form DV-115 ) and a Notice of New Hearing and Order on Reissuance (Form DV-116 ) to ask the judge for a new hearing date.