How do I obtain a restraining order to protect my child?
In California, in order to obtain a restraining order to protect your child, you must first file a petition with the Family Court in the county where you or your child resides. You must present the court with facts that demonstrate why a restraining order is necessary. You will need to list the name of the person(s) you are seeking protection from, explain how the person(s) has hurt your child or you, and provide information regarding the potential danger the person(s) might pose. In the case of a restraining order for a minor, a parent may file the petition on behalf of the minor, or the minor may seek the restraining order on their own with the assistance of a parent. If the restraining order is granted, it will be valid until a trial is held to decide the outcome of the case. When you file the petition, you must also request a hearing date and time when you and the person you seek protection from can appear in court. The court will hear both sides of the story before making a decision on whether to grant a restraining order or not. Generally, the court will rule in the best interest of the child. If the court grants the restraining order, it will provide both parties with a copy. The order will outline the conditions of the order, including when and where the restrained person must stay away from the child, and other restrictions such as not being allowed to contact or communicate with the child.
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