Legal Question in Family Law in California
My ex husband is violating his non clets stipulated restraining order. How do I turn this into a full restraining order?
1 Answer from Attorneys
REVIEW: You probably already know this first part:
A non CLETS Restraining Order is a restraining order that is not entered into the statewide and national computer database system known as CLETS. CLETS stands for California Law Enforcement Telecommunications System. When the information regarding the restraining order is not entered into CLETS, law enforcement authorities cannot respond to and enforce restraining orders the same way they are required to enforce CLETS orders. When a restraining order is non CLETS, law enforcement cannot legally restrain the person targeted in the restraining order.
California courts, especially in Los Angeles, do not approve or issue non CLETS orders since they are not enforceable. A non CLETS order is stipulated by the parties involved.
To Answer Your Question:
Steps to Obtain a Restraining Order
You can get a restraining order by applying with your local Superior court.
There are two kinds of restraining orders � temporary restraining orders, and permanent restraining orders. A temporary restraining order (or �TRO�) provides immediate, emergency relief on a short-term basis from a threatening or violent individual
Because a TRO is temporary and can be obtained without a full-blown hearing, it is much easier to secure, while a permanent restraining order requires a full-fledged hearing and notice to the person being restrained. A permanent restraining order is much more difficult to obtain because by its nature it is long-lasting and restricts a person�s movement for up to three years.
Phillip D. Wheeler, Esq. J.D.
San Luis Obispo, CA