Q: Good Afternoon, What should be included in restraining orders?

A: In California, a restraining order (also known as a protective order) can be filed to protect a person from abuse, harassment, stalking, or threats. When filing for a restraining order, it's important to include a detailed declaration of the incidents that led to the request for protection. This declaration should be thorough and well-organized.

A declaration should include:

1. A brief introduction stating who you are and your relationship to the person you're seeking protection from (the respondent).

2. A chronological, detailed account of the incidents of abuse, harassment, stalking, or threats. Include specific dates, times, locations, and any witnesses to the incidents.

3. A description of any injuries sustained, medical treatment received, or police reports filed.

4. An explanation of why you fear for your safety and why you believe the respondent poses a threat to you.

5. If applicable, mention any supporting evidence, such as photographs, text messages, emails, or voicemails that document the abuse or harassment.

6. A clear statement of the protection you are seeking, such as a request for the respondent to stay a certain distance away from you, your home, your workplace, or your school.

When writing the declaration, it's essential to be as specific and factual as possible. Use clear, concise language and avoid emotional or inflammatory statements. The declaration should be typed, dated, and signed under penalty of perjury.

It's highly recommended to seek the assistance of a legal professional or a domestic violence advocate when preparing a declaration and filing for a restraining order. They can guide you through the process and ensure that your declaration is thorough and complies with California legal requirements.