Vista, CA asked in Family Law for California

Q: How doesone file for protective order?

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1 Lawyer Answer
Jeffrey Moore
Jeffrey Moore
  • Campbell, CA
  • Licensed in California

A: The first step is to file a written ex parte application for an order. This is done with fill-in-the-blank Judicial Council Forms supported by a declaration of what happened to justify the order. The court will make a determination about whether to issue a temporary order for several weeks until the matter can be heard based upon the written application. Regardless of whether the temporary order is issued, a hearing will be set so the court can evaluate whether or not to issue a 'permanent' three year order. The hearing is a court trial at which either side can present witnesses and other tangible evidence. Often photographs of injuries, or medical records are presented to the court to prove the type and extent of abuse. It is not necessary to prove physical injury to get an order. Things like locking someone out of their house, vandalizing their vehicle or other personal property, and other forms of harassment can be enough too.

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