If you have suffered abuse or threats of violence from a domestic partner or family member, you have the right to request a restraining order. The court can order the person from whom you seek protection to leave your home and keep his or her distance from you.
There are different types of domestic violence restraining orders. According to the Los Angeles Police Department, the process for obtaining a restraining order depends on the type you require.
Temporary restraining order
You obtain a temporary restraining order by making a request through the Superior Court. This order typically goes into effect right away. Within three weeks, you should receive an order to appear in court. This allows you to receive a obtain a new restraining order that lasts approximately three years.
When you obtain a restraining order, you typically receive paperwork from the court recording the details. You should retain these original documents for future reference.
Emergency restraining order
If you are under an immediate and imminent threat, you can obtain an emergency restraining order for protection. An emergency restraining order is only good for five court days, during which time you may need to contact the superior court for a temporary restraining order if you wish the protection to continue. Emergency restraining orders are available 24 hours a day.
Permanent restraining order
A permanent restraining order remains in effect for three to five years. While a restraining order is in effect, it may be necessary to make visitation arrangements for any children of the relationship. The court may order you and your spouse or partner to undergo mediation to work out such an arrangement. However, the mediator can see each of you separately so you do not have to be in the same room with your spouse or partner.