Is it possible to obtain a restraining order without appearing in court?

Yes, it is possible to obtain a restraining order without appearing in court in California. This is done through a process known as “ex parte”, which is Latin for “by or for one party.” In this process, the victim of domestic abuse can go to court and present their case to a judge without the abuser being present in court. This is done by submitting a Declaration and Proposed Order (or Application and Orders) to the court. This declaration must include the petitioner’s account of the domestic violence or abuse, and a court date must be set for the hearing. Upon receiving this declaration, the judge can issue a temporary restraining order that is effective until the hearing. The final restraining order can only be issued after the abuser has had a chance to appear in court and make their case. Ex parte restraining orders are meant to provide immediate protection to the victim and can be issued in less than 24 hours. However, they are not permanent, and it is the victim’s responsibility to go back to court and explain their side of the story at the hearing. This is done to make sure that the abuser’s rights are also respected.

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Is it possible to obtain a restraining order without appearing in court?

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