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This page will help you learn the differences between the types of restraining orders as well as how to get a restraining order in California. There are several different types of restraining orders within the state of California. Some address the criminal aspect of the violent act and others the civil. Typically the petitioner is requesting the court's protection from an abuser via a civil action. Restraining orders may be requested as part of domestic violence cases.
Once the request for protection, the abuser is not allowed to contact the victim for any reason at the risk of being found in contempt of court. In return, it is important that the petitioner not contact the abuser for any reason. Doing so could not only provoke a violent act, but also may nullify the injunction. While victims are encouraged to obtain injunctions if they feel endangered, be sure that the situation may not be better resolved through some other type of mediation or counseling prior to enacting an injunction.
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Introduction
Within the State of California, a restraining order is an order signed by a judge to protect an individual from various types of abuse.http://www.womenslaw.org/laws_state_type.php?id=10920&state_code=CA Victims of domestic violence are eligible to file for Domestic Violence Restraining Orders (DVRO). This type of civil order protects you from abuse from anyone you have a close relationship with. Those who do not meet the criteria for a DVRO may petition for a Civil Harassment Order. The purpose of a civil harassment order is to stop further abuse and harassment. -
Step 1: Understand the Criteria
Understand the criteria and determine if you qualify for a protective order. DVROs are issued if either your or your minor child have been a victim of domestic violence from a spouse or former spouse, someone you are dating or formerly dated (including same-sex relationships), the other parent of your child, someone related to you by blood, marriage or adoption, or someone who regularly lives or lived in your home. If the situation does not meet this criteria, you may qualify for a civil harassment order if you ave been subject to unlawful violence, a credible threat of violence, or repeated threatening or harmful actions.http://www.womenslaw.org/laws_state_type.php?id=10920&state_code=CA&open_id=10902Step 2: Obtain the Appropriate Forms
Discuss the situation with the Clerk of the Court at the local courthouse and request an application for a restraining order. You may also obtain copies of the necessary paperwork from online from the New York State Unified Court Systems website to complete beforehand.http://www.courtinfo.ca.gov/cgi-bin/forms.cgi You are also eligible for assistance from a variety of agencies in completing the necessary paperwork. http://www.courtinfo.ca.gov/selfhelp/lowcost/Step 3: Complete the Forms
Complete the petition. Bring it to the courthouse with identification for you and identifying information about the abuser to have it notarized. Provide as much information as possible about the qualifying incidents and how to locate the abuser. It is helpful to provide the court with the following information about the respondent: a photograph, social security number, addresses of residence and employment, phone numbers, description and plate number of the abuser's car, and any history of drugs, violence or gun ownership.http://www.womenslaw.org/laws_state_type.php?id=10920&state_code=CA&open_id=10903 Wait to sign the petition until you are in a notary's or the judge's presence.Step 4: File the Petition
Once the petition is completed, take it to the clerk for the judge's review. Depending on the circumstances, the judge may issue a temporary restraining order that will be in effect until your hearing, usually about three weeks later. The clerk will provide you with the court date and issue a summons for the abuser to appear in court for a hearing on that specific date as well. After the hearing, You will need one copy of the final court order for each law enforcement agency you want to give the order to, the abuser, your children's school or daycare provider, and others who will help enforce the court order, and two copies for yourself. If specified, the final hearing can last up to five years. If there is no termination date on the order, it will expire three years from the date it was issued.Resources Powered by Google
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Restraining Order Help Center
This page covers the Court's Restraining Order Help Center where you can go in person to get help with obtaining and processing a restraining order.scselfservice.org
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