The first stage in the process of obtaining a restraining order involves submitting an application for a Temporary Restraining Order (TRO). For a person to obtain a TRO in California, that person must go to court and fill out the required paperwork explaining to the judge what occurred and why that person needs a restraining order.Most judges are inclined to issue the Temporary Restraining Order if enough facts demonstrate the need for a restraining order.
If you have a basis to fear that you will be subjected to ongoing harm or violence, you do not have to notify the other party when seeking a TRO. Even when we provide notice, we often file for emergency ex parte orders and give telephonic notice so that we can get our clients in court the next morning to obtain their TRO.
A temporary restraining order regulates and restricts the behavior of an abuser by directing your abuser to not contact you and thereby abuse you, the victim. A TRO is generally issued for 20-25 days and is valid from the date the abuser is served with the TRO. Your Temporary Restraining Order is in force until the actual court hearing, which is scheduled three weeks after the TRO is issued.
The person obtaining the TRO must have the court papers and TRO served on the other party within at least five days of the scheduled court hearing. It is only after this personal service of a TRO that it is in full force and effect. This means there must be proof that the defendant was personally served with the TRO.
