Legal Information: California

Restraining Orders

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June 16, 2021

Step 3 - Give the completed forms to the clerk and get a court hearing date.

Give your forms to the clerk. S/he will then give them to the judge who may or may not want to speak to you. Only a judge can review your application for (and give you) a temporary (ex parte) restraining order. The judge may give you the order the same day you ask for it, but if you file in a really busy court or if you file late in the day, the order might not be signed until the next court day. If you get a temporary restraining order, it will last from the time you file for your restraining order until your full court hearing.

Whether or not you get a temporary order, the clerk will tell you when to come back for your court hearing, generally about three weeks later. The clerk should write down when and where your hearing will be on the copies of your court forms.

Note: You must go to the scheduled court hearing. If you do not go, the judge may dismiss (throw out) your case. If you absolutely cannot go for some reason, call the court clerk to find out how to get a continuance (this is when the hearing is rescheduled for a later date) and have the temporary order reissued. According to the law, either party may request a continuance of the hearing, which the judge should grant if there is “good cause” to do so. The request may be made in writing before or at the hearing or orally at the hearing.1

1 CA Civil Code §§ 245; 240

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