what does it take to file a restraining order

Ask for a Restraining Order

To ask for a domestic violence restraining order at that place are several steps you have to take. But first make sure that:

A restraining social club is right for you. Read Tin can a Domestic Violence Restraining Guild Help Me? (Grade DV-500-INFO | audio).
You qualify for a domestic violence restraining order. You and the person y'all want to restrain must be:
- married or registered domestic partners,
- divorced or separated,
- dating or used to date,
- living together or used to live together,
- parents together of a kid, OR
- closely related (parent, child, brother, sis, grandmother, grandad, in-law).
You get legal assist from a local domestic violence bureau in your county.

Once you are certain you authorize for a domestic violence restraining order, yous are prepare to fill out the forms (or have a lawyer or domestic violence clinic help yous with the forms). If yous are not sure you qualify, enquire your local domestic violence agency. Your courtroom's family unit law facilitator or self-assistance center may as well be able to help yous with the restraining gild.

If you lot live in an indian tribal community or reservation with a tribal court, yous may be able to get help. Click to discover a list of California tribal courts. And click to find domestic violence resources in your tribal community.

Filing a Asking for a Restraining Club

STEP 1. Fill up Out Your Court Forms and Set to File

Step 2. File Your Courtroom Forms With the Court

STEP three. "Serve" Your Papers on the Restrained Person

Pace 4. Go Gear up and Go to Your Court Hearing

STEP v. Afterward the Court Hearing

Step 1. Fill Out Your Court Forms and Set to File

1. Read How Practice I Ask for a Temporary Restraining Order? ( Course DV-505-INFO )
This grade is also available in Spanish, Chinese, Korean, and Vietnamese.

2. Fill out your restraining society forms
Fill out:

Confidential CLETS Data (Grade CLETS-001)
Request for Domestic Violence Restraining Order (Grade DV-100);
Notice of Court Hearing (Form DV-109); and
Temporary Restraining Order (CLETS — TRO) (Form DV-110).

You lot may as well need these forms if you need more space to describe why yous need the restraining society:

Clarification of Abuse (Class DV-101); or
Additional Folio (Form MC-020).

If you desire to ask for the other side to pay your lawyer's fees, read the instructions to ask for lawyer'due south fees in domestic violence cases. If you want to ask the court to give you lot control or rights over a cell telephone number and account, click for more information.

3. Other forms y'all may need to fill up out
If you lot have children with the person yous want protection from and want a custody and visitation society, or want to modify the one you already have, brand sure you check the advisable boxes on Item 12 on Form DV-100 AND fill up out:

Request for Child Custody and Visitation Orders (Form DV-105) and attach it to the Asking for Domestic Violence Restraining Society (Form DV-100);
AND
Child Custody and Visitation Lodge (Course DV-140) and attach to the Temporary Restraining Order (Form DV-110).
If it applies to your case, also fill up out Request for Order: No Travel With Children (Grade DV-108).

If yous desire child support, make sure y'all check the appropriate boxes on Item 13 on Class DV-100 AND fill out:

Read Which Financial Form — FL-155 or FL-150? (Course DV-570) to find out if you lot can use the simpler Grade FL-155.

If you are the spouse or domestic partner of the person you lot want protection from, and you want to ask for spousal, partner, or family support, fill out:

Income and Expense Declaration (Form FL-150 | video instructions ) and adhere to the Request for Domestic Violence Restraining Order (Form DV-100).

4. Make full out your courtroom's local forms (if whatsoever)
Ask your local courtroom clerk if there are local forms you have to fill out. Some courts too have forms on their website. Click to notice your local court'southward website.

5. Take your forms reviewed
If your court's family law facilitator or self-help heart helps people with restraining orders, inquire them to review your paperwork. They can brand certain you filled information technology out properly earlier you move ahead with your case. Even if they cannot help you with the restraining order forms, they can assist you with the kid back up and spousal/partner back up forms.

6. Make at to the lowest degree five copies of all your forms
One copy will be for you; another copy will be for the person you want protection from. The extra copies will be for other protected people or for y'all to continue in a safe place. The original is for the court. (You merely need 1 copy of the CLETS-001.)

IMPORTANT: Your restraining order paperwork will go to the restrained person in your case and he or she will become a chance to run across everything you write. If you are staying somewhere you do not want the restrained person to know almost and you want to go along the accost confidential, do Not write it on these papers. You tin apply a program called "Safe at Home" that gives y'all a secure address to utilise for your court papers (or for banking and other things) where yous tin can still get your court papers without having to reveal your confidential address. Click to learn about Prophylactic at Home.

STEP 2. File Your Court Forms With the Court

Once you lot have filled out all your forms, you accept to file them with the courtroom.
Follow these steps:

i. Take your forms to the court clerk
The clerk volition give all your forms to the judge. The gauge will read your papers and make a decision on whether or not to make the orders you lot are asking for. Ask the clerk when to return to see if the judge made the orders you lot asked for. The approximate must determine past the adjacent business concern 24-hour interval, but the exact time varies from court to court.

Sometimes the judge wants to talk to you. Or the judge may want you to requite more information in writing. If so, the clerk will tell you.

ii. Find out if the gauge issued the temporary restraining order
Return to the courthouse when the clerk tells you to pick upwards your paperwork. Wait over all the paperwork the clerk returns to you to meet:

If the judge signed the Temporary Restraining Gild (Form DV-110).
If the judge made any changes to the orders yous asked in your request.
When your court hearing is, on the Notice of Court Hearing (Class DV-109). The court hearing is also the date your temporary order runs out. If yous want to extend it, you must go to your hearing to get a permanent order.

3. File your forms
If the judge signs the order, the court clerk volition file it. "File" means that the courtroom clerk will brand the order an official part of the courtroom's record of your example. The clerk volition keep the original for the court and give yous the v copies stamped "Filed." If you demand more copies, you lot can make them yourself.

There is NO FEE for filing a domestic violence restraining order.
If you exercise not speak English language well, ask the clerk for an interpreter for your hearing appointment. Practise this as soon as y'all know when your courtroom date volition be. Click to find out more nigh court interpreters.
If you are deafened or hard-of-hearing or have some other disability, inquire for an interpreter or other adaptation. Go more than information for persons with disabilities and a grade to ask for an accommodation.
Find out if the clerk will send a copy of your restraining order to your local police department. If not, brand certain you do information technology.

4. Distribute your copies of the temporary restraining order.

Keep one re-create with you, always. You may need to show it to the police force.
Continue another re-create in a safe place.
Requite a copy to anyone else protected by the order.
Get out copies at the places where the restrained person is ordered not to get (your school, work, etc.).
Give a copy to the security officers in your apartment and office buildings.

Restraining orders get entered into a special calculator system at the California Department of Justice. That mode, police officers across the state tin can observe out about your society. In many courts, the courtroom will transport your club to the state computer for you lot. But if your court does not do it, you must practice it yourself.

If the estimate does NOT give you whatsoever or all of the orders you lot asked for

You can see if the judge denies your request for a temporary order, or part of your request, past looking at detail four of the Notice of Courtroom Hearing (Form DV-109).

Fifty-fifty if the judge did not brand all the temporary orders you asked for, you can still go to the courtroom hearing and ask for those orders. The judge may grant them at the courtroom hearing, even if he or she did not grant them as temporary orders earlier the hearing.

But if all or function of your request was denied, y'all can cancel the court hearing the gauge wrote on your Form DV-109 and, basically, drib your restraining lodge example for at present. You tin refile your request at a afterwards date.

To give up (waive) your right to this hearing and cancel it:

Fill out and file a Waiver of Hearing on Denied Request for Temporary Restraining Order (Course DV-112).
Do Non keep with the remainder of these steps. Do Not give a copy of your papers to the person you wanted protection from.
If you already gave a copy of your papers to the other side, you accept to besides serve him or her with a copy of your Form DV-112 so he or she knows that the court hearing has been canceled.
Read the instructions on Form DV-112 advisedly.

Step iii. "Serve" Your Papers on the Restrained Person

"Serving" means that the other side must get copies of whatsoever newspaper you file with the court. In "service" a third person (NOT you) is the i who actually delivers the paperwork to the other side. The person who does this is chosen the "server" or "process server."

The server must:

Be 18 or older, and
Not exist protected past the orders.

Until the other side has been properly "served," the guess cannot make any permanent orders. Remember, so far, you take a temporary restraining order, which runs out the day of your court hearing unless the approximate extends information technology or gives y'all a "permanent" restraining order.

In domestic violence cases, a constabulary enforcement officer may be able to serve your restraining order papers for yous. If they do, they will do it for free.

You lot tin can besides hire a "process server," which is a business you pay to deliver courtroom forms. Search for "process serving" online or look in the Yellow Pages of your phone book.

For more help with service, read What Is "Proof of Personal Service"? (Form DV-200-INFO). And read the section on Service of Process.

To serve your papers, follow these steps:

ane. Figure out WHEN you take to serve your papers by
You will accept to serve the papers on the restrained person by the borderline the judge writes on your papers. This is so that the restrained person has a few days to reply to your papers and prepare for court.

To detect your deadline for service:

Look at your court date on folio i of Form DV-109.
Look at the number of days written in item 5 on folio 2 of Class DV-109.
Subtract the number of days in detail 5 from the court appointment. That is your deadline to serve your papers. (You tin always serve before the deadline!)

2. Serve your papers on the restrained person
Have someone "serve" (give) the restrained person a re-create of the club and other papers you filed. The papers must exist delivered in person. You cannot send them by mail. Brand sure this is washed before your deadline.

In addition to serving a copy of your papers, as well serve Bare:

Response to Request for Domestic Violence Restraining Order (Grade DV-120)

And if you accept children with the restrained person, also serve BLANK:

Request for Kid Custody and Visitation Orders (Form DV-105)
Income and Expense Declaration (Grade FL-150 | video instructions )

3. File your proof of service
Take your server fill out a Proof of Personal Service (CLETS) (Form DV-200) and requite information technology to you and so you can file it with the court. This form tells the judge and police that the restrained person got a copy of the club and knows about it. Information technology is very important your server fills out the Proof of Service correctly. If possible, take your court's family law facilitator or cocky-assist heart review it to make sure it was filled out properly.

If your server is a law enforcement officer or a process server, they may use a different proof of service form. If then, make certain information technology lists the forms served, engagement papers were served, where they were served, and fourth dimension of service.
Make v copies of the Proof of Service after the server gives information technology to you lot.
And so, file the original and copies with the court clerk before your hearing. The clerk volition keep the original and requite you dorsum the copies stamped "Filed." Take a re-create to your hearing.
Keep 1 re-create with you (together with your restraining lodge) AT ALL times. Put the other copies with the temporary restraining order copies you have distributed.

If the restrained person was Non served

The restrained person must be served before the hearing. If the restrained person was not served, you can ask the judge to extend the temporary restraining social club until a new court date to requite you more time to serve your papers. Read How to Ask for a New Hearing Date (Class DV-115-INFO) for detailed instructions.

You will need a Request to Continue Hearing (Form DV-115) to ask the gauge for a new courtroom appointment. Do this before or at your hearing. (If you wait until after the hearing, you have to starting time from the very starting time.) If the estimate signs this order, the restraining order will last until the new hearing appointment.

To ask for an extension on the restraining order and new courtroom hearing date:

Fill out a Request to Continue Hearing (Class DV-115) and items i and 2 of the Order on Request to Continue Hearing (Class DV-116).
Have the guess sign Course DV-116 (at the hearing) or give it to the clerk (before the hearing) to give to the judge to sign.
File the signed Guild on Request to Proceed Hearing (Grade DV-116) and Asking to Continue Hearing (Class DV-115) with the clerk.
Attach them to your other court papers and become the restrained person served following the same directions as with the temporary restraining order papers at the kickoff of this Step 3.
Brand certain your server fills out a Proof of Personal Service (CLETS) (Course DV-200) and gives it to you. File your Proof of Service.
Requite a "Filed" copy of Course DV-116 to your local police and to everyone who has a copy of your temporary restraining order.
Bring a copy to your hearing.

Step 4. Go Gear up and Get to Your Court Hearing

Become Set for Your Hearing

This section will tell you lot how to become fix for your hearing. Read Get Ready for the Restraining Order Court Hearing (Form DV-520-INFO) for more data.

Be prepared:

Take documents that aid prove the abuse. Take 2 copies of all documents and filed forms, including the Proof of Service. Some of the documents that can assist your example may be:
- Photos;
- Medical or police force reports;
- Damaged property;
- A threatening letter, email or telephone messages.
Take the Restraining Lodge After Hearing (Order of Protection) (Form DV-130) to your court hearing. Try to fill out equally much of the course equally you lot tin, but practise not fill up out the parts that deal with what the guess orders.
You can accept a friend or relative (a support person), just that person must non talk for you lot in courtroom.
You can take a witness to help support your case. Witnesses may or may not be allowed to speak. Just y'all can bring a written statement of what the witness saw or heard. You must file and serve witness statements at the same time that yous filed your asking for the restraining gild.
If you exercise not speak English language well, ask the court to give you an interpreter to aid yous. Y'all should practice this as soon as you know when your court date will be, but fifty-fifty if you did not do it before, ask at your court date. Click to find out more about court interpreters.
Most courtrooms practice not allow children. Ask if there is a children's waiting room in the courthouse earlier your hearing appointment.

Do not miss your hearing!
If you miss it, the restraining orders volition end and you will accept to offset from the beginning.

Get there 30 minutes early:

Find the courtroom.
When the court opens, go in and tell the clerk or officer that yous are nowadays.
If y'all are afraid of the restrained person, tell the officeholder.
Watch the other cases and so you will know what to do.
When your name is called, become to the front of the court.
Your hearing may concluding just a few minutes or up to an hour.

Practice what you desire to say:

Make a list of the orders you lot desire and do saying them. Exercise non take more than than 3 minutes to say what yous want.
If you lot get nervous at the hearing, only read from your list. Utilize that list to run across if the approximate has fabricated every order y'all asked for.

Your court hearing

During your hearing, the judge may ask questions

Tell the truth. Speak slowly. You lot can read from your list.
The restrained person or his or her lawyer may as well inquire you questions.
Give consummate answers.
If y'all practice not understand, say "I don't empathize the question."
If the restrained person lies in courtroom, wait until he or she finishes talking. Then tell the judge.
Speak only to the judge unless information technology is your turn to ask questions.
When people are talking to the judge, look for them to end. So you can ask them questions about what they said.

If there are child custody and visitation problems in your case:

The judge will probably send y'all to arbitration. Arbitration helps parents concur on a parenting plan that is best for the children.
If you are sent to mediation, the gauge may make your temporary custody and visitation orders final until the next hearing or until another court order.
Either parent tin can ask to meet with the mediator separately.
If parentage (paternity) of your child with the restrained person has non been legally determined, and you and the restrained person concord to parentage of your kid and agree to the court entering a judgment about parentage, you can useAgreement and Judgment of Parentage (Form DV-180) to plant parentage of your child without having to start a split parentage case.

The gauge's decision

At the end of the hearing, the approximate volition say what the orders are. The judge may:

Give yous the orders you asked for.
Give you lot some of the orders you asked for and not others.
Not give you any of the orders you asked for.
Postpone your case and requite you a new court date. This means you have to come up dorsum another twenty-four hour period. The judge can do this if:
- The restrained person needs time to get a lawyer or set up an answer.
- The judge wants more than data.
- Your hearing is taking longer than planned.

Ask the clerk for the forms you demand and then you can make certain that the temporary orders (if any) are extended until the new hearing date.

See Going to Court to read more information about how to prepare for your court hearing.

Step 5. After the Court Hearing

If the judge issues a restraining order at the hearing, or any type of orders, you will have to prepare a written society for the judge to sign. In some courts, the clerk or other court staff volition gear up this order. If so, brand sure you review it very carefully to brand sure it says exactly what the guess orders and the clerk did not go out anything out. If there is a trouble, tell the clerk right away.

If you accept to fill out the order, follow these steps:

Read pages two and 3 of Get Ready for the Court Hearing (Form DV-520-INFO).
Fill out the Restraining Order Afterward Hearing (Club of Protection) (CLETS) (Form DV-130), which volition become your "permanent" restraining club.
- Make sure your Form DV-130 says what the judge has ordered. Review it to brand sure you empathize it.
- If yous requested and the judge granted you the right to have a cell phone number and account transferred to your name, click for instructions for transferring a jail cell telephone account.
Attach any other forms you may demand for other orders the approximate fabricated.
Here are some forms yous may demand (yous will Non need all of these forms, merely the ones that bargain with the orders the judge fabricated):
- Kid Custody and Visitation Order (Form DV-140)
- Club: No Travel With Children (Form DV-145)
- Supervised Visitation and Commutation Guild (Form DV-150)
Fill out a Confidential CLETS Information (Form CLETS-001).
This form does Not get filed. It is confidential. It is used so that your restraining order tin can exist entered into a statewide computer system that lets the police know well-nigh your order.
Requite your Form DV-130 to the clerk (or the guess) and the judge will sign information technology. Make sure the clerk files it. The clerk volition requite you up to 5 copies.
Serve the restrained person with a copy of Form DV-130 and any other attachments to the society.
- If the restrained person was at the hearing, you can have him or her served with a re-create of Grade DV-130 by mail. Inquire the server to complete the Proof of Service past Mail (CLETS) (Grade DV-250) and requite information technology back to y'all so you can file it. Proceed a copy of it with your restraining society at all times.
- If the restrained person was not at the hearing, but the judge's orders are the same every bit the temporary order, you lot can have him or her served with a re-create of Form DV-130 by mail. Ask the server to complete the Proof of Service past Mail (CLETS) (Grade DV-250) and give it back to you and so you lot can file it. Keep a copy of information technology with your restraining order at all times.
- If the restrained person was not at the hearing, and the judge'south orders are different from the temporary order, you must have someone serve Form DV-130 in person, not past mail service. Enquire the server to consummate the Proof of Personal Service (CLETS) (Form DV-200) and requite it dorsum to you so y'all can file information technology. Proceed a copy of it with your restraining order at all times.

Recall, you and other protected people CANNOT serve the orders. The sheriff or marshal can serve the orders for complimentary.

Getting Assist

Most cities or counties accept domestic violence help centers, shelters, or legal aid agencies that help people ask for a restraining guild. These services are unremarkably complimentary or very low toll. If you are the person asking for a restraining order, await for help in your area before yous endeavor to do it on your own.

Observe your local domestic violence legal help agencies
National Domestic Violence Hotline

1-800-799-7233
TDD: 1-800-787-3224
Call 24 hours a twenty-four hour period, 7 days a calendar week. They tin help you in more 100 languages. It is gratuitous and private.

The National Domestic Violence Hotline links y'all to the post-obit resources in your community:

Domestic violence shelters

Emergency shelters

Legal help

Social service programs

The website also provides a lot of information to assist yous and your children stay safe and get protection.

Your court's family law facilitator or cocky-help eye. The facilitator or self-help center may exist able to aid y'all with the restraining club, or at least with whatever child back up. The facilitator or cocky-aid or spousal/partner support bug you lot may take.
California Department of Public Health Violence Prevention Resource Directory

This site lists help by county, similar:

Women'due south shelters

Domestic violence programs

Victim witness assist programs

Counseling services for victims of domestic violence

Crisis hotlines

Family Violence Prevention Fund
Covers many topics, including data on domestic violence as information technology relates to health care, immigration, children, and housing.
Resources for Family Violence in Tribal Communities in California
Provides resources for you to go help with domestic violence issues if yous live in an indian tribal customs or reservation.

More than Information and Resource

General Resources
Help for Children and Teens
Restraining Orders

________________________________________

General Resource

Section of Health Care Services
DHCS oversees comprehensive health care, including mental health and drug treatment programs, for about 13 million Californians—about ane-third of the land'due south population. Our largest plan is Medi-Cal, the courage of California's wellness-care safety net.

Can the Law Help Protect Me From Domestic Violence?
A State Bar of California pamphlet.

Domestic Violence & Employment: Job-guaranteed fourth dimension off to obtain services
Factsheet prepared past the Legal Aid Society of San Francisco Employment Constabulary Eye.

Domestic Violence - Santa Clara County
This site has information about many domestic violence topics.

LawHelpCalifornia Domestic Violence
Step-by-step information on how to get a restraining society, links to domestic violence resources, domestic violence in the armed forces, Internet security and more than. (Select your county or enter your zip code for information specific to the area that y'all live in.)

National Domestic Violence Hotline
Call one-800-799-7233 (one-800-799-Prophylactic) or 1-800-787-3224 for TDD.
This hotline helps people all over the U.S. observe data about shelters, legal advocacy and assistance programs, and social services programs in their area. It is open up 24 hours a day, vii days a week. Become help in over 100 languages.

Working Together to End the Violence
This online tool contains data and resource for both victims and those seeking to help them. All content, including a public service declaration, is available in both English and Castilian. Use this site to identify signs of domestic violence and for access to organizations that can assist.

San Francisco Law Library Family unit Law Research Guide
This site has a list of books about domestic violence topics.

Stalking Resources Eye
The SRC's dual mission is to raise national sensation of stalking and to encourage the development and implementation of multidisciplinary responses to stalking in local communities across the land.

Supervised Visitation Network
This site may help yous find supervised visitation services in your county. Click on the "Service Providers Dir." link in the left-hand column to notice providers in California.

Help for Children and Teens

Appointment Rape Information
This publication was written by the National Crime Prevention Council.

Love: the good, the bad and the ugly

When Dear Hurts: A Guide for Girls on Love, Respect and Abuse in Relationships
This website was developed by the Domestic Violence and Incest Resource Heart (DVIRC) of Australia.

Restraining Orders

Can a Domestic Violence Restraining Order Assist Me?
Prepared by the Judicial Council of California.

A Criminal Protective Club was issued against me.
Prepared past the Judicial Council of California.

How does a Criminal Protective Guild assist me?
Prepared by the Judicial Council of California.

How to Enforce Your Restraining Order
Prepared past the Judicial Council of California.

How Can I Respond to a Asking for Domestic Violence Restraining Order?
Prepared by the Judicial Quango of California.

How Do I Turn In or Sell My Firearms?
Prepared by the Judicial Council of California

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Source: https://www.courts.ca.gov/1264.htm