Is it possible to get an emergency restraining order?
Yes, it is possible to get an emergency restraining order in California. This type of restraining order is commonly known as a “temporary restraining order” or “TRO.” This restraining order can help protect a person from immediate harm from someone who has a history of domestic violence or abuse. In order to obtain a TRO, you will have to go to the Superior Court Clerk’s Office and fill out paperwork that explains why you need the restraining order. You may have to provide evidence of the domestic violence, such as police reports, medical reports, or the testimony of witnesses who have witnessed the abuse. After you file the paperwork, a judge will review it and decide whether or not to grant the order. If the judge determines that you are in immediate danger, they will issue the TRO. The TRO will extend protection to you and anyone else listed on the order. It may include ordering the abuser to stay away, vacate the shared residence, surrender any firearms, and refrain from contacting you. The TRO will be effective until the court can hold a hearing on the merits of the case, which is usually within 20 days. In addition to granting the TRO, the court can also grant additional relief such as awarding child support, ordering the abuser to complete counseling, or assigning responsibility for the payment of certain bills. It is important to remember that a TRO does not replace the need for a full restraining order or any other court action. Therefore, it is important to consult an experienced attorney to discuss your legal options.
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