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Can you give examples of what could be the grounds of being granted a permanent restraining order in California

La Jolla, CA |

the domestic violence restraining order filed is based on threats and I would like to know what would be enough and valid reason to grant someone that. Does it have to be ongoing or just once could be enough reason to be granted a restraining order. Also, what an imminent threat constitutes...imminent as in what. Thanks!

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Attorney answers 3


A serious injury including but not limited to broken bones, stitches, bleeding, etc. One time should be enough. Imminent as in likely to occur at any moment; impending: Her death is imminent, i.e. close in time.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.



Thanks. You said a serious about one threat by mail which occurred just once and long time ago. Will that also be considered as imminent or serious if I do not even know where the person lives, so how could I pose an imminent threat not knowing the whereabouts. The funny thing is that that person has concealed the address on court documents so that i will not know the whereabouts, BUT simultaneously claiming that I am going to kill that person lol..the fact that they are keeping their whereabouts secret while claiming i know where they live shows that the person is bluffing...otherwise if i know your whereabouts then why chose a PO Box address on the court documents if I already 'know' the whereabouts.



sorry, I meant email, not mail.

Michael Kevin Cernyar

Michael Kevin Cernyar


A year ago is not imminent. However, it be considered "ongoing" if there are additional alleged events. If it occurred over a year ago and there was only one, then you should consider consulting an attorney. You don't want the court to take away your liberties for something like this.


Usually multiple incidents of domestic violence without bodily injury, but with destruction of property. However, one incident could be enough if there were significant injuries, children were present during the incident, a weapon was used or threatened to be used, Safety of children is a big concern and a restraining order protecting them would also be a good idea.

Answering this question does not form an attorney-client relationship in any way. The answer provided is for general information only and you should always talk to a local attorney who can advise you on your specific matter.


Most courthouses provide free assistance with these applications if you cannot hire an attorney.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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