Restraining Orders

DISCLAIMER: This concerns a short story I’m writing. I am NOT seeking legal advice.

Let’s say a young person (age 23) wants a certain family member out of his life, but she’s too thick-headed to understand he really means it. Therefore, he wants to file a restraining order against her, just to get her attention. Questions:

(1) How much does it typically cost?

(2) Does there have to be a specific reason for the order, or can they be filed by anyone at will?

(3) Does it complicate things if the person’s in a separate state? (The locations in the story are West Hollywood, CA and Golden, CO.)

Filing fee is 320. http://www.lasuperiorcourt.org/fees/pdf/fee-schedule.pdf There could be additional costs, service and mailing, for example. Also, that doesn’t include any legal fees.

Yes. http://www.kinseylaw.com/freestuff/selfhelp/civilharassment/freecivilharassmentforms.html Moreover, as you can see from the fee list, some kinds are free. And yes, in order to get a restraining order.

Yes.

Are you sure? According to your link, that seems to be a general civil suit filing fee. If you scroll down, a domestic violence petition is free.

And I would assume the OP is talking of a domestic violence petition since they are family members and mentioned a “restraining order”.

Hell, the law encourages DV protective orders in FL; they pass them out like free candy at a kid’s Halloween party…

Well, no. I’m not sure, because the OP doesn’t say. I’m assuming that they don’t have grounds for a free restraining order and merely want the family member “out of their life,” lack a “specific reason” for the order, and are filing “at will.” I mentioned that some kinds are free in my earlier post.

The story involves a young gay man who moves to California to care for his dying ex-lover. The mother (who’s in Colorado) naturally disapproves of the relationship, but only harasses them in subtle ways – such as helping pay medical bills, claiming it’s a gift at first, then demanding repayment. Would that count as “annoying or harassing”, or “causing the victim substantial emotional distress”, as shown in the Civil Harassment Form GFactor linked to?

Also…could the mother contest the order, despite living in a separate state? (She could cite the young man’s history of psychiatric treatment, or claim the ex-lover had sexually abused him in the past, for example.)

Probably not. Unless she’s being fairly aggressive in her attempts to collect.

See

http://www.ci.long-beach.ca.us/civica/filebank/blobdload.asp?BlobID=3371

Regarding fees in cases like that, see: Site Has Moved

Yes.

Slight hijack - If she claims its a gift when she pays, it’s a gift. It’s nearly impossible to retroactively take back a gift.

I had a feeling that was true.

Thanks for the input, everyone…my main character knows how to proceed now. :cool: