A restraining order is a legal order issued by a court that requires one person to stop harming or harassing another person. If you reside in Riverside County and are a victim of domestic abuse, stalking, sexual assault, or harassment, you may be able to get a restraining order. This blog will give you tips on how to get a restraining order in Riverside County so you can protect yourself and your family.
What Are the Requirements for a Restraining Order in Riverside County?
To file for a restraining order in Riverside County, you must first meet the legal definition of “domestic violence.” California law defines domestic violence as “abuse committed against an adult or minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the respondent has had a child or is having or has had a dating or engagement relationship.”
Abuse is defined as “intentional or reckless conduct that causes or is likely to cause bodily injury, death, emotional distress, or fear of imminent bodily injury or death.”
Once you have established that you meet the legal definition of a victim of domestic violence, you will need to file a petition with the court. The petition must include specific information about you and the respondent and a declaration detailing the abuse you have suffered.
How To Get a Restraining Order in Riverside County?
There are two types of restraining orders in California: domestic violence restraining orders and civil harassment restraining orders. A domestic violence restraining order is filed by someone who has been a victim of abuse by a spouse, ex-spouse, cohabitant, or family member. A civil harassment restraining order is filed by someone who has been harassed, threatened or stalked by someone who is not a family member, such as a neighbor, friend, coworker, or stranger.
If you want to file for a domestic violence restraining order in Riverside County, you must go to the courthouse in the city where you live or where the abuse occurred. You must fill out some paperwork and file it with the clerk. The clerk will then give you a date for your court hearing.
At the hearing, you must present your evidence to the judge, and the abuser will have an opportunity to show their side of the story. If the judge grants your request, they will issue a temporary restraining order (TRO). The abuser will be served with the TRO and must stay away from you until the final hearing.
At this hearing, both sides will have an opportunity to present evidence and witnesses. The judge will then decide whether or not to give a permanent restraining order (PRO). The PRO will last up to 3 years if granted and can be renewed when it expires.
Coping with Emotional Trauma: Seeking Support and Resources in RIV?
When seeking a restraining order, you must have dealt with some abuse, which can be highly traumatizing and hard to deal with. Here are some resources you can use that are based in Riverside County:
- Alternatives to Domestic Violence
- Hotline: 951-683-0829
- Toll-Free: 800-339-7233
- Business: 951-320-1370
- Riverside County SAFE Family Justice Centers
- Business: 951-955-6100
Receiving a restraining order can be confusing and stressful for those involved. Those affected must understand its implications to take appropriate action if necessary. If you are asking for a restraining order, speaking with an experienced lawyer who can guide the process and represent your interests in court if needed may be beneficial.
By understanding how to get a restraining order in Riverside County and how these orders work, and knowing when legal counsel is necessary, individuals affected by this situation will be better prepared to navigate it successfully without further harm.
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