What is the Difference between Temporary and Final Restraining Orders?
A San Diego court may issue you a temporary restraining order if you show reasonable proof of harassment to the satisfaction of the court and that great or irreparable harm would result if order not granted. A temporary restraining order can be in effect until your hearing for a regular restraining order that would be in effect for five years and can be renewed for five more years. The hearing is usually held between 21 to 25 days after a temporary restraining order is granted. However, either party can request a continuance and showing good cause to do so.
At the hearing, the respondent (the person you claim is harassing you) can respond to your harassment complaint. The judge will consider all evidence from both parties and decide if there is a valid claim of harassment and if so, the judge would likely issue a final restraining order per California law. Remember, harassment is defined as unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.
After the hearing, if the judge issues a final restraining order, it is good for five years and can be renewed for additional five years.
Attorney Timothy Riley can help you with Temporary and Final Restraining Orders and related issues. Call (619) 500-1289 or contact us here.