How Domestic Violence Restraining Orders Work in California
A domestic violence restraining order is issued by a court and is enforceable with criminal sanctions. It is issued when someone is accused of abusing or committing violence against a current or former intimate partner or close relative. The order typically prohibits the person against whom it is filed from contacting the person who filed the order, and it prohibits certain other activities as well.
Who Can Be the Subject of a Domestic Violence Order?
A domestic violence restraining order can be filed against:
A current or former spouse;
A current or former boyfriend or girlfriend;
A former or current fiancé(e);
Someone who lives with you;
The parent of your child or children; or
A close relative such as a sibling, child, or parent.
The Effect of a Domestic Violence Restraining Order
A domestic violence restraining order forbids the subject of the order from:
Contacting you or anyone else who is listed in the restraining order;
Contacting the subject’s children, except as allowed under custody arrangements approved by a family court;
Owning guns; and
Interfering with your property or with any property jointly owned by you and the subject of the order.
The order will also require the defendant to pay any child support and spousal support ordered by a family court. Of course, these payments are already mandatory; including them in the order simply adds a charge of contempt of court if the defendant refuses to meet these obligations.
Filing Process
To file for a domestic violence restraining order, you must:
Fill out the appropriate paperwork, starting with Form DV-100. There are numerous forms to fill out, especially if children are involved or if you require child or spousal support. Your paperwork should include a request for a temporary restraining order, which will protect you until the court hearing for a permanent restraining order. Make additional copies of each form for your own use.
File your paperwork with the clerk of the family court in the county where you reside.
Call or write the person against whom you are filing the temporary retaining order to notify him or her that you have filed a temporary restraining order.
Complete the appropriate Sheriff Instruction Form (OCSD1) and give it to the sheriff’s department. The sheriff’s department will deliver the paperwork to the person against whom you are filing the restraining order in order to notify him of your petition and the court hearing. You cannot do this yourself – the sheriff’s office must do it for you.
Attend the hearing, which should be scheduled about three weeks after you turned in the paperwork for the restraining order. The person against whom you filed the order may attend the hearing and contest your petition. If the court grants the order, it will be valid for five years.
The clock is ticking...
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