How much does a restraining order cost, and can it be for two people?

Asked over 4 years ago - San Diego, CA

my boyfriend and I are being harrased and stalked by an ex girl friend of his. we are on a tight budget and can't afford a handful of legal fees. but this person is determined to destroy our lives, and can't continue to live like this. I was advised that a cease and desist would do nothing, and a restrainng order is the way to go..Can two names be on one restraining order? And will it stop her from having her friends and family contact and harass us as well?

Attorney answers (3)

  1. Richard Forrest Gould-Saltman

    Contributor Level 19

    Answered . Your boyfriend may be able to apply for a DVPA restraining order without a filing fee. If you presently live with him, it may be possible for him to include you as a protected person as a member of his household.

    It's not clear whether his application would be successful, because you have not provided enough information about what it is that you describe as "being stalked and harassed".

    Your boyfriend should contact his local Superior Court to find out what services they provide to assist in obtaining restraining orders.

  2. Pamela A Wilson

    Contributor Level 14

    Answered . In California you can go on your county court's website and download forms yourself for restraining orders - there are several forms and instructions which are also downloadable and which explain which forms you need to file and what to do. I will cost an attorney a couple of hours to download these and fill them out and interview you for the necessary information. Then it will cost you the hourly rate for the attorney to go to court and get the matter heard on an emergency basis (ex parte). You will have to then serve the opposing party and a couple of weeks later a hearing will be set so that person can come to court and tell the judge why he/she thinks there should be no restraining order. You should fill out separate papers for each person you want restrained otherwise it gets too messy. The forms are not complicated. Depending on how busy the court docket is, it could take an entire day for the court to call your case and if you're paying an attorney an hourly rate the cost will be according to that. Try to get an attorney to do this on a reduced rate basis and then if it leads to other litigation perhaps he/she will want you to pay his/her regular rate for that. Attorneys hourly rates vary greatly and some may do his work on a flat rate basis but you have to call and ask. Where you have a spousal or boyfriend/girlfriend problem then a family lawyer can help, also a personal injury or criminal lawyer can help if there is stalking or other threats involved. Usually a restraining order is for imminent threats of bodily harm so the court's will usually grant them initially on an emergency basis and then have a hearing later to see if there are more facts and whether they support keeping the restraining order in place..

  3. Pamela A Wilson

    Contributor Level 14

    Answered . In addition to my prior response I should add that it has been my experience that courts prefer that each person seeking protection fill out and file their own request for restraining order.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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