How To Obtain A Restraining Order Against Your Ex in Los Angeles County
When filing for a domestic violence restraining order in Los Angeles County, you must take many steps. First, you need to prepare and file all the proper paperwork. This includes the DV-100 form in which you state why you need the restraining order. You need to list the most recent incidents that occurred between you and the restrained person, if the police were called, and what exactly happened. The judge will look at this declaration to determine whether you deserve the a restraining order. To obtain a restraining order, you might not even have to show that physical violence or emotional damage took place. Sometimes all you have to show is that your peace was disturbed by the restrained person and that it caused you severe emotional damage.
After filing all of the documents, the judge will determine whether you should be entitled to a temporary restraining order until a full hearing can be had where the judge will determine whether you need a permanent restraining order. Before filing for the temporary restraining order, sometimes you will have to give the other person notice of that you will be filing for a restraining order against them. That depends on each specific case.
After the judge gives a temporary restraining order, the Sheriff’s Department can serve the restrained person at no charge to you and you will have your actual hearing in about 21-25 days after you file for your temporary restraining order. At that hearing, you will be able to present all your evidence and any witnesses that you have in requesting a permanent restraining order. The judge will then determine if you have shown enough evidence to obtain a permanent restraining order. The judge will also decide whether you need child custody and visitation orders for any minor children you share with the restrained person.
It’s important to hire an aggressive Los Angeles Restraining Order lawyer when filing for your restraining order. We’ve seen countless cases where people haven’t been able to file the proper paperwork or don’t show the court why they need a restraining order. Michael S. Carrillo can handle your restraining order in Los Angeles County and will work hard to fight and get you your restraining order. Call us today at (626) 799-9379.