Temporary Restraining Orders

Present Danger of Abuse or Child Abduction

The Family Code states at §6251 that an Emergency Protective Order may be issued only if the judicial officer finds both of the following:

1. That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of child abuse or child abduction, or that an elder or dependent adult is in immediate and present danger of abuse.

2. That an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult.

Without the finding of the aforementioned items, the court is without power to issue a Temporary Restraining Order. However, as a practical matter, the court will err on the side of caution. Thus, the court will normally issue a Temporary Restraining Order based on one party's declaration until a court hearing can be held to determine whether or not an evidentiary basis is reached to authorize a permanent restraining order.

Name: City: Aliso Viejo Anaheim Atwood Balboa Brea Buena Park Corona del Mar Costa Mesa Cypress Dana Point El Modena El Toro Emerald Bay Foothill Ranch Fountain Valley Fullerton Garden Grove Huntington Beach Irvine La Habra La Palma Laguna Beach Laguna Niguel Lake Forest Mission Viejo Newport Beach Orange Placentia Rancho Santa Margarita San Clemente San Juan Capistrano Santa Ana Seal Beach Stanton Sunset Beach Trabuco Canyon Turtle Rock Tustin Villa Park Westminster Yorba Linda Email: Phone: Question: