What Proof Do You Need for a Restraining Order in California?
By Stephane Quinn | By Quinn & Dworakowski LLP |A restraining order is a court order that prevents an individual from contacting or coming close to the individual protected by the order. These court orders are often issued in response to domestic violence or civil harassment, but what proof do you need for a restraining order in California? The answer depends on the details of your situation and what type of restraining order you need.
What Proof Do You Need For a Restraining Order in California?
The two most common reasons for restraining orders in California are domestic violence and civil harassment. Domestic violence can be defined as any type of violence that occurs within a family and/or household, such as spousal abuse or child abuse. Civil harassment is a more nebulous term that can apply to any behavior intended to annoy, threaten, distress, or otherwise alarm the victim. This is most common between neighbors and acquaintances.
A restraining order is a court order that restricts an individual from certain behaviors. For example, a domestic violence restraining order may require that the individual stay away from the victim and prohibit them from contacting them. The subject of the order may be restricted from coming near the victim’s home, workplace, or their child’s school or daycare center.
If you believe you need a restraining order, some of the most important evidence you will need to secure the order and ensure it is made permanent by the court will be:
- Police reports. If there was any type of police involvement between you and the individual you want to be subjected to the restraining order, copies of these reports are invaluable pieces of evidence for your case.
- Witness testimony. If anyone can provide accounts of what they have seen or heard in support of your case, their statements can be powerful evidence for securing a restraining order. It is important to have an attorney obtain witness statements for you as quickly as possible after the incident to ensure reliability and accuracy.
- Digital communication records. Text messages, voicemails, and emails from the intended subject of the order may be valuable for proving the truth of their behaviors. For example, if you have received threatening text messages or emails, these records can be invaluable for proving that you have a legitimate reason to fear for your safety.
- Photos and video evidence. If available, these forms of evidence can be especially valuable for obtaining a restraining order. If you need to prove that you were harassed, abused, or assaulted, and there is any type of photo or video evidence, it could be some of the most pivotal evidence for your case.
- Medical records. If you suffered any type of physical harm or abuse, records of the medical treatment you received will be important to your case. You will also need these records if you intend to pursue compensation for medical bills and other damages with a civil suit.
- Criminal records. The subject of your order’s criminal history can be used to support your claim. If they have a history of domestic violence or similar behavior, it can help the court make its decision when it comes to approving your restraining order.
The aftermath of any type of domestic violence or an incident of civil harassment can be distressing and traumatic. If you and your family need protection that a restraining order can provide, knowing what proof you need for a restraining order in California is crucial, but you should also know the value of having experienced legal counsel on your side.
The attorneys at Quinn & Dworakowski, LLP, have more than 40 years of combined experience helping California clients navigate the family court system for all types of cases, and we have helped past clients secure domestic violence restraining orders and civil harassment restraining orders. If you need protection, our firm can help you secure it, so reach out to us as quickly as possible to learn how we can help.
FAQs
Q: What Is the Burden of Proof for a Restraining Order in California?
A: The burden of proof for a restraining order in California is a preponderance of the evidence in a case involving domestic violence and clear and convincing evidence for a civil harassment lawsuit. A preponderance of the evidence means that the evidence presented is more likely true than not, while clear and convincing evidence requires a higher degree of certainty.
Q: How Long Does It Take to Get a Restraining Order in California?
A: The time it will take to get a restraining order in California depends on the specific details of your case. Generally, a temporary restraining order could be secured within a day or two, and then a hearing will be held to determine whether the order should be made permanent. It is also possible to obtain emergency protective orders very quickly. Most hearings for permanent restraining orders happen within a few weeks of the temporary order being issued.
Q: What Are the Penalties for Violating a Restraining Order in California?
A: The penalties for violating a restraining order in California are typically stated within the order itself. If someone intentionally violates any restraining order in California, they face contempt of court for violating a lawful court order and can face fines and jail time at the misdemeanor level. Felony violations can lead to several years in prison as well as much heavier fines.
Q: How Do I Contest a Wrongful Restraining Order in California?
A: If you must contest a wrongful restraining order in California, it is crucial to speak with an attorney right away. You will need to file a written response to the order and attach any supporting evidence you have. It is important that you comply with the temporary order completely, even if you know it is wrongful; otherwise, you face contempt of court. At your hearing, your attorney can present your side of the story to contest the restraining order.
Quinn & Dworakowski, LLP, can provide comprehensive legal representation for any type of restraining order case in California. Whether you are filing or responding to a domestic violence restraining order or a civil harassment restraining order, we can help. It is important that you consult legal counsel at your first opportunity, so reach out to our team today and schedule a consultation with an attorney who can help.
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