Generally, courts take a long time to issue orders, especially if a case involves complex matters and several considerations. However, certain situations, such as domestic violence cases, prompt the courts’ immediate action.
In those cases, there is an urgency to implement a restraining order since victims are usually in close proximity to their abuser, such as a spouse or a live-in partner.
Same day or next business day temporary protection
Like other court applications, requests for restraining orders will still undergo a determination process and may take weeks or months before the courts hear the cases. However, if the case calls for immediate action due to risks of further physical or emotional abuse, the court will decide whether to provide temporary protection the same day or the next business day upon filing the court forms.
Accordingly, temporary restraining orders in California last up to 25 days or until the court hearing starts, whichever occurs first.
As soon as available for permanent restraining orders
Once the court hears the case and decides to grant the restraining order, the protection takes effect upon the court’s issuance. Generally, the protective order takes effect automatically. However, if the abuser violates the order, the victim may need to further enforce it by informing the police of the violation. Moreover, the victim must also inform others who need to be aware, such as the local police department, the victim’s employer and their child’s school.
Do not be afraid to seek immediate help
Understandably, victims of domestic violence often hesitate to call for help, fearing they may not immediately receive the assistance they need. Moreover, some may have trouble preparing the necessary forms to apply for a restraining order. Reaching out to a caring and knowledgeable legal professional can help guide victims through the process and ease their worries.
