|
 Restraining
Orders
& Protective Orders
 Civil
Harassment
Criminal
Domestic
Violence
Elder
and Dependent
Adult
Emergency
Workplace
Violence
--
Getting Help --
Restraining Order Help Center
Self
Service Center
CourtMobile
Contact
Feedback
Help
with forms
-- Our
Other Sites --
Main
Court
Site
Case
Info Site
Autoservicio (Español)
|
|
Self
Service Home | Glossary |
Search |
Site Map
| Feedback | Contact
Self Service Center Home
Domestic Violence Restraining Orders
[Esta página está en español; Trang này bằng tiếng Việt]
This section tells you about:
- What is domestic violence?
- How to get an Emergency Protective Order
- How to get a Domestic Violence Restraining Order
- Fees and fee waivers
- How to fill out and file the restraining order forms
- Other things you should know about domestic violence
restraining orders
 Get
help filing out forms!
Click here to find out about "EZ Legal File" - an
online interactive (question/answer) free form generator for
Domestic Violence and Family Law forms.
Get help in person with your restraining order!
Visit the Court's Restraining Order Help Center.
- What is Domestic Violence?
Domestic Violence can be physical violence, a verbal threat of physical violence or
a pattern of harassing behavior.
The victim and the abuser must have a close relationship (married,
divorced, separated, dating or used to date, live together or used to live
together as a couple), or be related (parent, child, brother, sister,
grandmother, grandfather, in-laws).
Domestic violence is also called “abuse”. "Abuse" means to hurt, throw
things, pull hair, follow, harass, sexually assault, murder, break into
the victim’s home or work, destroy or steal the victim’s property,
intimidate or to threaten to do any of these things. Abuse can be spoken,
written, emotional or physical.Domestic violence is always bad for children. It is never OK, in any
family.
- How to get an Emergency Protective Order
If you are in danger, call 911!
If you are in danger, ask a law enforcement officer to ask for an
Emergency Protective Order from a Judge. You can ask for an Emergency
Protective Order any time of the day or night.
But, an Emergency Protective Order only lasts for 5 court days or 7
calendar days. To get a restraining order that lasts longer, you must file
papers in
Family Court.
If you need emergency shelter, help with your restraining order, or
support in court, call one of the numbers below to get help from domestic
violence resources in your community.
For more information, click on
Domestic Violence Agencies in Santa Clara County
top of page
↑
- How to get a Domestic Violence Restraining Order
To get a Domestic Violence Restraining Order, you must fill out Domestic
Violence Prevention forms. You can get them from:
For help filling out the forms:
For additional information, read the Judicial Council information
sheets:
- Can a Domestic Violence Restraining Order Help Me? (Form
DV-500 INFO)
- Forms You Need for a Temporary Restraining Order (Form
DV-505), and
For more information on
domestic violence, go to the
California Self Help website.
If you have children together but were never married,
file
a parentage action at the same time so you can ask for more permanent
custody and
visitation orders.
- Fees and fee waivers
There are no filing fees for Domestic Violence Prevention restraining
orders.
There are filing fees for Civil Harassment restraining orders unless there
is violence, so be sure to clearly describe any violent acts you have
suffered. There are no filing fees for Civil Harassment restraining orders
to protect against violence.
A filing fee is required to start or respond to a divorce, or to start a
parentage action, but you may
apply for a fee waiver if you have very low income.
Click here for more information about fees and fee
waivers.
- How to fill out and file the Restraining Order
forms
Fill out these forms to ask for a restraining order. The forms must be
filled out neatly in blue or black ink:
If you have minor children with the person you want protection from,
you also MUST fill out:
- Child Custody, Visitation, and Support Request (Form
DV-105), and
- Child Custody and Visitation Order (Form
DV-140).
If you want child support,
you also need to fill out:
*Read Which Financial Form-FL-155 or FL-150? (Form
DV-570) to find out which form is right for you.
If you want spousal support, you also need to fill out:
You will also need to fill out:
 If you would
like the sheriff to serve your forms at no cost, you also need to fill
out:
- Application for Waiver of
Court Fees and Costs (Form
FW-001)
- Confidential CLETS Information (Form
DV-260)
- ATTACHMENT TO Confidential CLETS Information Form (Local
Form FM-1041)
The clerk of the Court will give a copy of the papers to the Sheriff's
Office if you have requested that they serve the person you want
protection from. You must be able to provide the Sheriff's Office with an
address (home or work) in Santa Clara County for the person you want
restrained.
If you don't have an address in this County but have an address in
another County, submit the forms anyway so the Judge can approve free
service by the Sheriff, even in the other county. Then when you pick up
your forms you can deliver them to the Sheriff in the county where the
person to be restrained lives or works so that county's Sheriff can serve
the person.
If you need to file a parentage action (if you have children
with the other party but were never married to them) review the
parentage pages on this website.
Then, take your completed forms to the
Document Examiner at the
Family
Court. A judge will look at your forms within 24 hours and let you know if
you will get a temporary restraining order or not. Ask the Document
Examiner when to come back to see if the judge signed the Temporary
Restraining Order (Form
DV-110). When you pick your forms up from the Document Examiner, check
to see if the judge made any changes to the orders you asked for.
You will have a court hearing in about 3 weeks so the judge can decide if
the orders will continue for up to 5 years. Make sure to come to this
court hearing.
The Court will keep the
original for the court file and give you 5 certified copies. If you need more
copies you can make them yourself.
top of page
↑
What to do with your copies:
- Keep 1 copy with you, always. You may need to show it to
the police.
- Keep another copy in a safe place.
- Give a copy to anyone else protected by the order.
- Leave copies at the places where the restrained person
is ordered not to go (your school, work, etc.).
- Give a copy to the security officers in your apartment
and office buildings.
The Court sends your restraining order to get entered into a special
computer system at the California Department of Justice. That way, police
officers across the state can find out about your order.
Look at
Form DV-110 for the date and time of your court hearing. You must
go to your hearing to get an order that can last up to 5 years. The order
you have now only lasts for about 3 weeks.
Serve the Restraining Order forms
Someone who is over 18 and not protected by the restraining order must
personally
serve
(give) a copy of the restraining order forms to the other party at least 5
days before the Court hearing.
The forms can be served by someone you know, a
process server, or the
Sheriff.
The server must also give the other party a blank Answer to Temporary
Restraining Order (Form DV-120) for them to fill out.
The Sheriff will serve the forms free. (See above)
A "process server" is a business you pay to deliver court forms. Look in
the Yellow Pages of your phone book, under "Process Serving."
File your Proof of Service
The Proof of Service
(In Person) (Form
DV-200) shows the judge and police that the restrained person got a
copy of the order. Make 2 copies of the completed Proof of Service. Take
the original and 2 copies to the Clerk’s Office before your hearing. The
clerk will keep the original and give you back the copies stamped "Filed."
Bring a copy to your hearing.
Keep 1 copy with you and another in a safe place in case you need to show
it to the police.
If the restrained person wasn't served...
The restrained person must be served before the hearing. If the
restrained person wasn't served, fill out a Reissue Temporary Restraining
Order (Form
DV-125) to ask the judge for a new hearing date. Do this before or at
your hearing. (If you wait until after the hearing, you have to start from
the beginning.)
If the judge signs this order, the restraining order will last until the
new hearing date.
- File the signed Reissue Temporary Restraining Order (Form
DV-125) with the clerk.
- Attach it to your other court papers and get the
restrained person served with all the restraining order papers and the reissuance.
- Bring a copy to your hearing.
After serving the orders, the server fills out and signs the Proof of
Service (In Person) (Form
DV-200) and gives it to you. Make sure the Proof of Service shows the
Reissuance form was served along with the DV forms you filed. File your Proof of Service.
For more information, read How to Reissue a Temporary Restraining Order
(Form
DV-126). top of page
↑
What do I do next? Get ready for your hearing.
Be prepared:
- Bring all other papers that you have not already filed that support
your case. Bring at least 3 copies: one for yourself, one for the judge,
and one for the person you want to have restrained.
- You can bring a friend or relative for support, but that person must
not talk for you in court. If you are representing yourself your support
person may sit with you, even during a hearing.
- You can bring a witness but the judge may not have time to talk to
them. If you bring a written statement of what the witness saw or heard
make sure it is written under oath. You must file and serve witness
statements at the same time as you file your Request for Order (Form
DV-100) and Temporary Restraining Order (Form
DV-110).
- Do not bring your children.
Don't miss your hearing!
If you miss it, you will have to start from the beginning.
 Get to court 30 minutes early:
- Find the courtroom.
- If you are afraid of the restrained person, tell the
officer. They can have a deputy walk you to and from your car if you
want.
- Watch the other cases so you will know what to do. You
can also come to watch hearings before your court date to learn about
the process.
- When your name is called, go to the front of the
courtroom.
- Your hearing may last just a few minutes, or up to
one-half hour.
For more information, read
Get Ready for your Hearing (For Protected Person)
What if I don't speak English?
The court will give you an interpreter if you speak Spanish or Vietnamese.
If you speak another language, check with the Restraining Order Help
Center to see if they can get an interpreter who speaks your language.
Do not ask a child to interpret for you.
No one who is listed on your papers can interpret for you.
What if I have a disability that affects my ability to appear in court?
If you have a disability that you feel affects your ability to appear in
court, contact the clerk at least 1 week before the hearing. For
more help, read
Persons With Disabilities: Q&A on Rule of Court 989.3.
What's the best way to prepare?
Make a list of the orders you want and practice saying them.
If you get nervous at the hearing, just read from your list. Use that list
to see if the judge has made every order you asked for.
The judge may ask questions:
- Tell the truth. Speak slowly. You can read from your
list.
- The restrained person or his or her lawyer may also ask
you questions.
- Do not interrupt the judge or the restrained person,
- Give complete answers.
- If you don't understand, say "I don't understand."
- If you do not agree with what the restrained person says
in court, wait until he or she finishes talking. Then tell the judge.
- Speak only to the judge unless it is your turn to ask
questions.
The judge will decide:
- At the end of the hearing, the judge will say what the
orders are.
Important! Have the Restraining Order After Hearing (Form
DV-130) written up and filed the day of the Court hearing so
there is no gap in your protection!
- Make sure your Restraining Order After Hearing says what
the judge ordered and that you understand it. Sometimes Court staff fill
out the form for you or you may be referred to the
Family Law Facilitator. If not, fill it out yourself. For more help
with the forms you'll need after the hearing, visit the Restraining
Order Help Center or read How Can I Make the Order Permanent? (Form
DV-560).
- If the judge makes the orders, the judge will sign your
Restraining Order After Hearing (Form
DV-130). Take it to the clerk to file it. The clerk will give you 5
"filed-stamped" copies free.
The judge may "continue" your case. This means you have to come back
another day. The judge can do this if:
- Your hearing is taking longer than planned.
- The judge wants more information.
- The restrained person needs time to get a lawyer or write up and
file an Answer.
If your case is continued...
- Fill out a Restraining Order After Hearing (Form
DV-130) with the new Court date
- The judge will sign the form and give you a new hearing date.
- Take it to the clerk, file it, and ask for 5 "filed-stamped" copies.
- Now your orders will last until the new hearing date.
- Bring all your papers back to court at the next hearing.
What about child custody or visitation?
If you need child custody or visitation orders, the judge will send
you to speak with a
mediator.
Mediation helps parents agree on a plan for custody and visitation
that is best for the children. Click here to learn more about mediation.
In Domestic Violence cases, the mediator can meet with parents separately
if you ask for that. You can bring
a support person with you to mediation. top of page
↑
What happens after the hearing?
- If the judge makes the orders, go to the clerk and file Form
DV-130,
Restraining Order After Hearing.
- If the restrained person was at the hearing, you can have him or her
served with a copy of Form
DV-130 by mail. Ask the server to complete a
Proof of Service by Mail (Form DV-250) and give it to you.
- If the restrained person was served but was not at the hearing, and the
judge's orders are the same as the temporary order, you can have him or
her served with a copy of Form
DV-130 by mail. Ask the server to complete
a Proof of Service by Mail (Form DV-250) and give it to you.
The Sheriff's Office may be able to serve these orders as well. (See
above)
- If the restrained person was served and was not at the hearing, and the
judge's orders are different from the temporary order, you must have
someone serve Form
DV-130 in person, not by mail. Ask the server to
complete a Proof of Service (In Person) (Form
DV-200) and give it to you.
Remember, you can NEVER serve the orders yourself.
Take your Proof of Service (Form
DV-200 or
Form DV-250) to the clerk and
file it. Keep a filed copy.
- Other things you should know
What to do with your Restraining Order
Keep a copy of the Order with you at all times and a copy at home, in your
car, at your work, and at your child's school and/or daycare provider(s).
If the abuse caused you to lose money
You can ask for
restitution (to pay for medical bills, lost wages, property damage,
legal fees for an attorney, and reimbursement for cost of shelter
services) in your Request for Order.
Custody/Visitation
Custody and visitation orders made under the Domestic Violence Protection
Act (DVPA) are temporary. If you are married to the other parent, you must file
for a
Dissolution
(Divorce) or Legal Separation
to get more permanent custody orders
If you did not go to the court hearing and the judge made a restraining
order against you, you can still ask the court to see your children. Visit
the Self-Service Center or
CourtMobile for help.
File an Order To Show Cause for visitation: The Court can make an
exception to restraining orders for peaceful contact for court ordered
visitation, or it can order supervised visitation. Also, check the court
file to see if the judge ordered you to Family Court Services for
mediation. Visit the Self-Service Center
or CourtMobile for help.
Child Support:
If you want child support, you must fill out an Income and Expense
Declaration or Simplified Financial Statement. File it with your DVPA
papers and have it served with a blank form to the other party.
Mediation and Domestic Violence
If there is a history of domestic violence, you can ask to be placed in a
Mediation session separate from the abuser. You will have to sign a
Written Declaration stating that there has been violence. You must also say
on your Family Court Services' application form that you want to meet with the
mediator at separate times.
What if I Don't Have a Green Card?
You can still get a restraining order. The people at the courthouse do
not work for the INS (Immigration and Naturalization Service). If you are
worried about deportation, talk to an immigration lawyer. Click here for
help finding a lawyer.
What is the difference between a Domestic Violence (DVPA) and a
Criminal Protective Order?
Domestic Violence Orders and Civil Restraining Orders are not the same.
Click to read the information flyer CR 6000 to learn how they are different.
Note - the flyer refers to Domestic Violence Restraining Orders as Civil
Restraining Orders.
What if I have a Domestic Violence Restraining Order Criminal
Protective Order?
There is important information you need to know if you have both a
Domestic Violence Restraining Order and a Criminal Protective Order.
Click to read this information. Note - the flyer refers to Domestic
Violence Restraining Orders as Civil Restraining Orders.
More Questions?
If you have questions or want more information, go to the Restraining Order Help Center or CourtMobile.
Or, visit the
Domestic Violence section of the California Court’s Self Help Center.
top of page
↑
|
|
