|
WomensLaw.org
would
like to
thank
The
Statewide
Office
of
Family
Court
Services,
Administrative
Office
of the
Courts,
Judicial
Council
of
California
for its
assistance
in
providing
the
information
below.
WomensLaw.org
strongly
recommends
that you
get help
from an
organization
in your
area
before
proceeding
with
court
action.
To find
help,
please
go to
the
CA Links
&
Resources
page.
You will
find
helpful
information
on the
California
court
system
at the
Center
for
Families,
Children,
& the
Courts.
Also,
the
California
Courts
Self
Help
Center
is an
excellent
resource:
www.courtinfo.ca.gov/selfhelp/.
Note:
This
page was
last
updated
on
August
24,
2006.
Table of
Contents
If you
are not
eligible
for a
Domestic
Violence
Restraining
Order,
you may
be
eligible
for a
Civil
Harassment
Order.
A quick
overview
of the
legal
system
The
legal
system
is
divided
into two
areas:
civil
law and
criminal
law.
Civil
Law
Under
civil
law, one
person
sues
another
for a
private
wrong.
In a
civil
domestic
violence
action,
you are
asking
the
court to
resolve
the
conflict
between
you and
your
abuser.
You are
not
asking
the
court to
punish
your
abuser
for
committing
a crime.
The
restraining
orders
we talk
about on
this
page are
under
the
civil
law
system.
Criminal
Law
The
criminal
law
system
handles
cases
that
involve
crimes
such as
harassment,
assault,
murder,
stalking,
and
theft.
The
police
may
arrest
your
abuser
and then
the
district
attorney
may
decide
to
charge
your
abuser
with a
crime.
In many
cases
you can
choose
whether
or not
to
"press
charges,"
but once
someone
is
arrested,
the
district
attorney
is the
one who
decides
whether
to
charge
that
person
with a
crime
and how
to
proceed
with it.
Domestic
violence
cases
may
involve
both
civil
and
criminal
action.
(back to
top)
What is
a
Domestic
Violence
Restraining
Order (DVRO)?
A
Domestic
Violence
Restraining
Order (DVRO)
is a
civil
court
order
that is
signed
by a
judge
and
tells
your
abuser
to stop
the
abuse or
face
serious
legal
consequences. It
offers
civil
legal
protection
from
domestic
violence
to both
women
and men
victims.
(back to
top)
What is
the
legal
definition
of
domestic
violence
in CA?
California's
Domestic
Violence
Prevention
Act (DVPA)
defines
domestic
violence
as
threatened
or
actual
abuse
from
someone
with
whom you
have had
a close
relationship.
The
Domestic
Violence
Prevention
Act is
designed
to
protect
you or
your
children
under
the age
of 18
who live
with you
from
actual
or
threatened
violence,
such as:
-
Physical
injuries;
-
Sexual
assault;
-
Attacking,
striking,
or
battering;
-
Molesting;
-
Harassing;
-
Stalking;
-
Harassing
or
threatening
telephone
calls;
-
Destroying
personal
property;
-
Disturbing
your
peace;
and
-
Threatening
to
do
any
of
the
above.
Under
the DVPA,
abuse
can be
physical,
sexual,
or
verbal.
It can
include
spoken
and
written
abuse.
To read
the
exact
wording
of the
law,
please
see the
definitions
section
on the
CA Legal
Statutes
page.
Note:
If the
acts of
your
abuser
do not
fit in
this
definition,
you may
still be
eligible
for a
Civil
Harassment
Order.
(back to
top)
Am I
eligible
to file
for a
DVRO?
You can
file for
a
Domestic
Violence
Restraining
Order if
you, or
your
minor
child,
have
been the
victims
of
domestic
violence
from:
-
A
spouse
or
former
spouse;
-
A
person
you
are
dating
or
used
to
date
(it
does
not
have
to
be
an
intimate
or
sexual
relationship);
-
The
mother
or
father
of
your
child;
-
A
person
related
to
you
by
blood,
marriage,
or
adoption
(such
as a
mother,
father,
child,
brother,
sister,
grandparent,
or
in-law);
-
A
person
who
regularly
lives
or
used
to
live
in
your
home
(but
you
must
have
a
closer
relationship
than
just
roommates).
Minors
12 years
old or
older
can file
for
restraining
orders
without
the
assistance
of a
parent
or
guardian.
Same-sex
partners
are also
eligible
to file
for
restraining
orders.
To read
the
exact
wording
of the
law,
please
see the
definitions
section
on the
CA Legal
Statutes
page.
(back to
top)
What
types of
orders
are
there?
How long
do they
last?
There
are
three
types of
Domestic
Violence
Restraining
Orders:
Emergency
Protective
Order
If a
police
officer
responds
to a
domestic
violence
call,
the
police
officer
can call
a judge
(anytime,
day or
night)
and ask
for an
emergency
protective
order,
which
goes
into
effect
immediately.
An
emergency
protective
order
can last
only
five
business
days or
seven
calendar
days
(whichever
is
shorter).
It is
supposed
to give
you time
to go to
court to
ask for
a
Domestic
Violence
Restraining
Order,
which
lasts
longer.
The
emergency
protective
order
can make
the
other
person
leave
the
home,
stay
away
from
you, and
not see
your
children,
at least
on a
temporary
basis.
Temporary
(ex
parte)
Restraining
Order
When you
go to
court to
apply
for a
restraining
order,
the
clerk
will
give you
a date,
usually
within
three
weeks,
when you
will
have to
come
back to
court
for a
full
hearing.
If you
are in
immediate
danger
and need
protection
right
away,
you can
ask for
a
Temporary
(ex
parte)
Restraining
Order,
which
will
last for
up to 15
days, or
until
you have
your
full-court
hearing,
which is
usually
three
weeks.
You can
get this
temporary
order
"ex
parte",
which
means
you can
get it
without
your
abuser
being
there.
Restraining
Order
After
Hearing
After
having a
court
hearing,
a judge
can
grant
you a
Restraining
Order
After
Hearing
that can
last up
to five
years.
This
order is
designed
to keep
your
abuser
from
threatening,
harassing,
or
abusing
you.
You can
ask the
court
later to
have the
order
extended
for
another
five
years,
or
permanently.
The
court
can make
this
extension
if it
believes
you have
a
"reasonable"
fear
that
your
abuser
will
threaten,
harass,
or abuse
you
again
once the
first
restraining
order
expires.
Note:
There do
not need
to be
new
incidences
of abuse
in order
to get
the
order
extended.
(back to
top)
How can
a DVRO
help me?
A
Domestic
Violence
Restraining
Order
may:
-
Order
the
abuser
not
to
assault,
threaten,
abuse,
follow,
harass,
or
interfere
with
you,
your
children,
or
people
you
live
with
in
person,
at
work,
on
the
telephone,
or
by
other
means;
-
Order
the
abuser
to
stay
away
from
any
place
you
request
including
your
school,
your
children's
school,
your
work
place,
your
friends'
homes,
or
any
place
where
you
are
seeking
shelter;
-
Prohibit
the
abuser
from
possessing
or
purchasing
a
firearm;
-
Tell
the
police
to
remove
the
abuser
from
the
home
and
help
you
to
return
to
the
home;
-
Grant
you
temporary
full
control
over
things
that
you
own
together
such
as a
car,
a
truck,
a
boat,
a
computer,
tolls,
electronic
equipment,
bank
accounts,
or
household
appliances;
-
Order
the
abuser
to
continue
to
make
the
loan
payments
(be
sure
to
specifically
ask
for
this
if
you
need
it);
-
Order
the
abuser
to
return
your
personal
belongings;
-
Order
the
abuser
to
pay
certain
bills,
pay
back
money
you
lost
for
missing
work
or
other
expenses
(such
as
ambulance,
medical,
dental,
shelter,
counseling
and/or
legal
fees);
-
Order
the
abuser
to
pay
your
attorney
fees;
-
Order
the
abuser
to
attend
a
batterer's
treatment
program
or
other
counseling
service;
-
Anything
else
you
ask
for
any
the
judge
agrees
to.
If you
and your
abuser
have
children
together,
you may
also ask
the
judge to
grant
additional
things
such as:
-
Child
custody
and
visitation
-
If
you
and
your
abuser
have
children
together,
the
judge
can
decide
where
the
children
will
live,
which
parent
will
make
decisions
affecting
the
children,
and
how
the
children
will
spend
time
with
each
parent
(where,
when,
and
whether
supervised).
-
Removal
of
child
-
You
may
ask
the
judge
to
keep
either
or
both
parents
from
traveling
or
moving
outside
the
city,
county,
area,
or
state
with
the
children.
-
Child
support
payments
-
You
may
ask
the
judge
to
order
your
abuser
to
pay
child
support
according
to
California’s
guidelines.
Whether
a judge
orders
any or
all of
the
above
depends
on the
facts of
your
case.
(back to
top)
How much
does it
cost? Do
I need a
lawyer?
There
are no
fees for
filing
for a
Domestic
Violence
Restraining
Order.
You do
not need
a lawyer
to file
for a
DVRO.
However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.
If you
cannot
afford a
lawyer
but want
one to
help you
with
your
case,
you can
find
information
on legal
assistance
on the
CA Links
&
Resources
page.
Domestic
violence
organizations
in your
area
also
should
be able
to help
you
through
the
legal
process
and may
have
lawyer
referrals.
(back to
top)
What are
the
steps
involved
with
obtaining
a DVRO?
Step 1 -
Get the
Request.
You can
file
(apply)
for a
Domestic
Violence
Restraining
Order at
the
court in
the
county
where
your
abuser
lives or
where
the
abuse
happened.
Find the
civil
court
clerk,
the
person
who
keeps
court
records
and
files.
Ask him
or her
for a
Request
(application)
for a
Domestic
Violence
Restraining
Order.
To find
the
courthouse
in your
county,
go to
CA
Courthouse
Locations
& Info.
Step 2 -
Fill out
the
forms.
In the
Court
Clerk's
Office,
ask for
all the
forms
you will
need to
file for
a
Domestic
Violence
Restraining
Order.
You can
find
links to
forms
online,
and a
list of
all the
forms
you may
need, at
our
Download
Court
Forms
page. Be
sure to
tell the
clerk if
you
think
you need
protection
right
away and
want a
Temporary
(ex
parte)
Restraining
Order.
Tips for
Filling
out
Court
Forms:
-
Use
the
instruction
booklet
for
line-by-line
instructions
in
filling
out
and
filing
Domestic
Violence
Prevention
Act
(DVPA)
forms.
The
booklet
will
be
market
"DV-150".
To
find
online
links
to
these
instructions,
go
to
the
Download
Court
Forms
page.
-
Use
a
typewriter
or
write
neatly
to
fill
out
court
forms.
There
are
also
computer
programs
you
can
use
that
to
fill
out
your
DVPA
forms.
In
some
counties,
you
may
turn
in a
handwritten
form
if
your
handwriting
is
easy
to
read.
Ask
the
clerk
of
court
if
you
can
turn
in a
handwritten
form.
(You
will
find
contact
numbers
for
clerks
on
the
CA
Courthouse
Locations
&
Info
page.)
-
Keep
your
court
papers
safe
in a
special
folder.
Be
sure
you
keep
a
clean
copy
of
all
of
your
court
papers.
Bring
this
folder
with
you
every
time
you
go
to
the
clerk's
office
or
to a
court
hearing.
-
Ask
the
clerk
if
there
are
any
special
local
rules
about
the
forms
you
need
or
about
how
the
forms
must
be
filled
out
(like
paper
or
ink
color)
and
when
you
have
to
tell
the
person
to
be
restrained
that
you
are
asking
for
a
restraining
order.
(You
will
find
contact
numbers
for
clerks
on
the
CA
Courthouse
Locations
&
Info
page.)
Step 3 -
File
completed
forms
and get
a court
hearing
date.
You can
file
your
forms
either
by mail
or in
person.
Most
people
choose
to file
in
person,
so that
nothing
gets
lost and
they can
get
their
orders
as soon
as
possible.
If you
file by
mail, it
will
take a
few
extra
days,
and you
must
send an
extra
copy and
a
stamped,
self-addressed
envelope
so the
court
clerk
can mail
you an
official
(filed)
copy of
each
form.
Only a
judge
can
review
applications
for or
give you
a
temporary
(ex
parte)
restraining
order.
The
judge
may sign
the
order
the same
day you
ask for
it, but
if you
file in
a really
busy
court or
if you
file
later in
the day,
the
order
might
not be
signed
until
the next
court
day. A
temporary
restraining
order
will
make
orders
that
last
from the
time you
file for
your
restraining
order
until
your
full
court
hearing.
Whether
or not
you get
a
temporary
order,
the
clerk
will
tell you
when to
come
back for
your
court
hearing,
generally
about
three
weeks
later.
Then the
clerk
will
write
down
when and
where
your
hearing
will be
on all
of the
copies
of your
court
forms.
The
court
clerk
will
keep the
original
set of
court
forms,
and give
you a
photocopied
set.
NOTE:
You must
go to
the
scheduled
court
hearing.
If you
do not
go, the
judge
may
dismiss
(throw
out)
your
case. If
you
absolutely
cannot
go for
some
reason,
call the
clerk of
court to
find out
how to
get a
continuance
(this is
when the
hearing
is
rescheduled
for
later)
and have
the
Temporary
order
"reissued".
Step 4 -
Service
of
process.
The law
requires
that the
abuser
be given
formal
notice
that you
have
filed
for a
restraining
order.
In fact,
the
judge
cannot
make any
long-term
orders
or
judgments
unless
the
abuser
has been
properly
personally
“served”
with
copies
of your
forms. You
cannot
be the
one to
give
these
forms to
your
abuser.
Your
forms
can be
personally
served
by
anyone
over 18
years of
age who
is not
involved
in your
case,
such as
a
friend,
a
relative,
the
county
sheriff,
or a
professional
process
server.
(Go to
the
CA
Sheriff
Dept.
Locations
& Info
to find
out how
they can
help you
serve
these
papers.)
Whoever
serves
these
forms
must
give the
abuser
an
easy-to-read
copy of
all the
forms
that you
filed
with the
court
AND a
blank
Answer
to
Temporary
Restraining
Order.
This
form is
labeled
Form
DV-120,
and the
court
will
give it
to you.
You may
not have
to pay
to have
the
court
forms
served
on your
abuser.
The
sheriff
or
marshal
must
serve
domestic
violence
restraining
orders
for
free.
Your
county
may
require
that you
fill out
a "fee
waiver
application"
in order
to have
the
sheriff
serve
the
order
for
free.
(Go to
CA
Sheriff
Dept.
Locations
& Info.)
If you
hire a
professional
process
server
to serve
your
abuser,
you must
pay
separately
for
that.
You will
also
have to
fill out
a Proof
of
Service
Form,
Form
DV-140.
This
form
will let
the
judge
know
that
your
abuser
got the
forms.
Once
you've
filled
out your
part,
give
this to
the
process
server
with
your
other
forms.
Step 5 -
Deadline
for
serving
your
abuser.
Your
abuser
has the
right to
know
that you
asked
for a
restraining
order
against
him. He
also has
the
right to
respond
to what
you say
in your
court
papers.
In many
counties,
the
court
will
give you
an
"order
shortening
time"
which
allows
you to
serve
him just
5 days
before
the
hearing.
One of
your
forms -
called
Application
of Order
- has a
place to
ask for
this
"order
shortening
time for
service"
which
gives
you more
time to
serve
your
abuser.
Depending
on
whether
the
judge
allows
you more
time to
serve
the
abuser
(the
court &
forms
will
call
him/her
the
"respondent"),
s/he
will
have
anywhere
from 10
to 2
days
before
the
hearing
to file
his/her
own form
to
answer
what you
said in
your
forms.
This
form is
called
the
Responsive
Declaration
to Order
to Show
Cause,
Form
DV-120.
If you
could
not have
your
abuser
served
on time,
you must
file an
Reissue
Temporary
Restraining
Order,
Form
DV-125.
This
form
tells
the
court
that you
could
not have
the
abuser
served
in time
and
explains
why. It
asks the
court
for more
time for
service.
You can
also ask
the
judge to
extend
any
temporary
restraining
orders
until
your new
hearing
date.
Step 6 -
Go to
your
Court
Hearing.
The
judge
cannot
make a
final
decision
about
your
restraining
order
unless
you go
to the
court
hearing. You
should
get
there
early
and
bring:
-
Your
copies
of
all
the
forms
you
gave
to
or
got
from
the
court,
including
the
Proof
of
Service,
Form
DV-140.
-
Photos;
medical,
repair,
or
other
bills;
police
reports;
and
other
papers
that
are
important
to
your
case.
(For
any
document
you
want
the
judge
to
look
at,
bring
the
original
and
two
copies.
Give
the
court
clerk
or
bailiff
one
copy
to
give
to
your
abuser.)
-
Your
Proposed
Restraining
Order
After
Hearing
(CLETS),
Form
DV-130,
and
these
other
forms
if
you
need
them:
- Other Orders Attachment, Form DV-170;
- Child Support Information and Order Attachment, Form DV-160;
- Child Custody and Visitation Order Attachment, Form DV-140 and
- Supervised Visitation Order, Form DV-150.
If you
are
asking
for
child
support,
meet
with the
court’s
Family
Law
Facilitator
if you
can to
find out
how much
child
support
you
should
get, and
take
these
documents
to court
as well:
-
You
last
three
pay
stubs;
-
Your
most
recent
federal
and
state
tax
returns;
and
-
Proof
of
child
care
or
uninsured
health
care
expenses
for
the
child.
If at
all
possible,
arrange
for
someone
to watch
your
child
while
you go
to
court.
Some
courthouses
have
children’s
waiting
rooms.
Call
your
court
clerk to
ask,
before
you go
to
court.
If your
child
has
important
information
about
the
violence
or
threats,
ask an
attorney,
a victim
witness
counselor,
or the
domestic
violence
counselor
about
how to
have the
judge
hear
from
your
child.
(To find
someone
who can
help you
with
this, go
to
CA Links
&
Resources.)
Step 7 -
Check in
with
Court
Personnel.
Check in
with the
clerk or
bailiff
as soon
as you
get to
court.
If the
abuser
is also
at the
court,
and you
are
worried
about
your
safety,
tell the
clerk or
bailiff
so that
they can
help
you.
After
you have
checked
in, take
a seat
and wait
until
your
case is
called.
Do not
talk to,
confront,
or argue
with the
abuser
if you
see him
or her.
Step 8 -
Continuance.
If you
show up
to court
and your
abuser
has a
lawyer
and you
do not,
you may
ask the
judge
for a
"continuance"
to set a
later
court
date so
you can
have
time to
find a
lawyer
for
yourself.
It is up
to the
judge
whether
or not
to grant
your
request.
The
judge
can
refuse
to give
you more
time to
find a
lawyer.
Step 9 -
Finishing
and
Filing
the
Restraining
Order
After
Hearing
form.
Once the
judge
has
signed
the
Restraining
Order
After
Hearing
form,
take all
the
copies
to the
clerk's
office
so they
can be
stamped
and
returned
to you.
You are
entitled
to five
free
"certified
copies"
from the
court
clerk.
Your
order
does not
have to
be
certified
to be
enforced,
but in
some
counties,
law
enforcement
demand a
certified
copy
anyway.
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.
The
court
may
charge a
fee if
you need
more
than
five
certified
copies
of your
DVPA
orders.
If you
get
confused
about
exactly
what the
judge
has
ordered,
you can
ask for
a copy
of the
"minute
order,"
which is
usually
available
from the
court
clerk a
few days
after
the
hearing.
This
information
can be
helpful.
The
minute
order is
what the
court
clerk
writes
down as
the
order
the
judge
made at
the
hearing.
You can
also
purchase
a copy
of the
transcript
from the
court
reporter,
which
will
include
everything
that was
said
during
the
hearing.
(The
transcript
can be
very
expensive,
so ask
for an
estimate
before
requesting
one.)
(back
to top)
What
will I
have to
prove at
the DVRO
hearing?
As the
person
requesting
a DVRO,
you
must:
-
Prove
that
the
abuser
has
committed
acts
of
domestic
violence
(as
defined
by
the
law)
against
you
or
your
children;
and
-
Convince
a
judge
that
you
need
the
protection
of a
DVRO
because
your
safety
is
at
risk.
(back to
top)
What
should I
do
before
the
hearing
to
prepare
my case?
You
should
take
time
before
your
court
hearing
to plan
how you
will
present
your
case to
the
judge.
To get
ready:
-
Talk
with
an
attorney,
a
domestic
violence
counselor,
or,
if
there
are
child
support
issues,
the
Family
Law
Facilitator
about
the
court
process;
(To
find
one
of
these
in
your
area,
go
to
CA
Links
&
Resources.)
-
Go
to
court
to
watch
other
Domestic
Violence
Restraining
Order
hearings,
especially
cases
heard
by
the
judge
who
may
hear
your
case
(ask
the
clerk
for
a
list
of
times
where
you
can
go
hear
the
judge);
and
-
Read
all
of
the
court
forms
for
your
case.
Contact
witnesses
who saw
the
abuse or
your
injuries.
Anyone
can be a
witness--
a
friend,
family
member,
children,
emergency
room
nurse,
doctor,
stranger,
law
enforcement
officer,
etc.
Some
witnesses
may not
come to
court
unless
they are
given a
subpoena
which
commands
them to
appear
and
testify.
Ask the
court
clerks
about
subpoena
forms.
If the
people
you
subpoena
do not
come to
the
hearing,
let the
judge
know.
Get
evidence
to help
you
prove
your
case.
Evidence
can
include:
-
What
you
or a
witness
says
in
court
about
the
incident(s)
-
Medical
reports
-
Police
reports
-
Pictures
of
your
injuries
-
best
if
dated
-
Household
objects
torn
or
broken
by
your
abuser
-
Pictures
of
your
household
in
disarray
after
an
episode
of
domestic
violence
-
Weapons
used
-
Tapes
of
calls
you
may
have
made
to
911
-
Certified
copies
of
the
abuser’s
criminal
record
-
Anything
else
to
help
you
convince
the
judge
you
have
suffered
acts
of
domestic
violence
and
need
certain
relief
and
protection
The more
evidence
you
have,
the
greater
your
chances
of being
granted
a
protection
order.
However,
the
judge
will
listen
to your
story
even if
you have
no paper
evidence
or
witnesses.
Practice
telling
your
story.
You may
want to
make an
outline
or notes
of the
history
of
violence
between
you and
the
defendant.
You may
take
notes to
court
with you
to look
at if
you
forget
something,
but if
you read
from
them,
the
judge
may
order
that the
defendant
be
allowed
to see
them.
Tell
your
story in
your own
words,
but
leave
out
details
that
have
nothing
to do
with the
physical
violence
or
threats
of
violence.
Also,
rather
than
saying,
"He or
she hit
me,"
tell the
judge
how you
were
hit,
where on
your
body you
were
hit, and
how many
times.
Be
specific.
You may
want to
mention:
-
The
most
recent
2
incidents
of
violence
-
The
worst
2
incidents
of
violence
-
Whether
the
abuser
has
a
gun
or
other
weapons,
and
-
Whether
the
abuser
has
threatened
to
physically
hurt
or
kill
you.
If your
abuser
responded
to your
forms
with an
Answer
to
Temporary
Restraining
Order,
Form
DV-120,
you
should
have
received
a copy
of his
or her
court
forms in
the
mail.
(If you
find out
at the
hearing
that
your
abuser
filed an
Answer
but you
did not
receive
a copy,
ask the
Judge
for a
copy of
it.)
After
reading
your
abuser's
forms,
think
about
what
questions
the
judge
might
ask and
decide
what
other
information
or
witnesses
can show
that
what you
say is
true.
This
might
include
police
or
medical
reports
or other
official
records.
If there
are
witnesses
who saw
what
happened,
you can
bring
them to
the
hearing
and the
judge
may
allow
them to
tell
what
they
heard or
saw.
You and
the
abuser
will
have to
go to
mediation
if you
have
children
and
can’t
agree
about
custody
and
visitation.
You have
the
right to
bring a
support
person
with you
to
mediation,
and you
can ask
the
mediator
to meet
separately
with you
(and
your
support
person)
without
your
abuser
being
there.
(back to
top)
What
should I
do on
the day
of the
hearing?
-
Be
on
time.
-
Dress
neatly.
-
Be
prepared
to
spend
all
day
in
court.
(There
may
be
hearings
before
yours).
-
Have
your
evidence
there
and
ready.
-
Have
your
witnesses
there
and
ready.
-
If
you
have
subpoenaed
witnesses
and
they
are
not
present
you
should
inform
the
judge.
-
Speak
directly
to
the
judge;
he
or
she
will
understand
if
you
feel
nervous.
-
Always
address
the
judge
as
“Your
Honor.”
-
If
your
abuser
comes
to
court
with
a
lawyer
and
you
are
not
represented,
ask
the
judge
for
a
“continuance”
so
you
can
look
for
a
lawyer.
-
Once
your
case
is
called,
enter
the
courtroom
and
find
a
seat.
It
is
your
right
to
take
another
seat
if
the
abuser
sits
next
to
you,
and
to
receive
help
from
court
staff
in
keeping
the
abuser
away
from
you.
-
Stand
when
the
judge
enters
and
sit
when
the
judge
or
bailiff
asks
you
to.
-
Relax
and
remain
calm.
-
Take
deep
breaths
if
you
feel
yourself
getting
tense.
Never
lose
your
temper
in
the
courtroom.
-
Always
tell
the
truth.
-
If
you
don’t
understand
a
question,
just
say
so.
-
If
you
don’t
know
the
answer
to a
question,
just
say
so.
Never
make
up
an
answer.
(back to
top)
What
should I
expect
if my
abuser
comes to
the
hearing?
If your
abuser
is in
court,
you
should
already
have a
copy of
his
Responsive
Declaration.
If he
tries to
file a
Responsive
Declaration
on the
day of
your
hearing,
you can
ask the
judge
for
extra
time to
read the
form and
get
extra
information,
witnesses,
or
statements
from
witnesses
to show
that
your
side of
the
story is
true.
If the
judge
gives
you
extra
time, be
sure
that the
judge
also
makes
any
temporary
restraining
orders
last
until
your new
court
date.
When
your
case is
called,
you will
be asked
to come
up to
the
tables
in front
of the
judge.
Then the
judge
will ask
each of
you to
give
your
name for
the
court
“record.”
The
judge
usually
has only
a short
time to
hear
your
case and
make a
decision.
Many
judges
will ask
only a
few
questions
to help
them
understand
what has
happened.
You will
be asked
to tell
your
story
("testify")
first.
If you
have
statements
from
witnesses
(“declarations”)
or
documents
to show,
be sure
to give
them to
the
bailiff
at the
time
during
the
hearing
when you
think
the
information
will
make the
most
sense.
The
bailiff
will
give
your
documents
to the
judge
When you
have
finished
telling
your
side,
the
judge
may let
your
abuser
ask you
or any
of your
witnesses
questions
about
what was
said.
Do not
interrupt
either
the
judge or
your
abuser
when
they are
talking.
Then it
is your
abuser's
turn to
tell his
side of
the
story
and
present
witnesses,
and to
show
whatever
documents
he
thinks
are
important.
The
judge
may let
you ask
your
abuser
and his
witnesses
questions.
At the
end of
the
hearing,
the
judge
will
either
let you
know
what
s/he
decided
while
you are
both
still
there,
or tell
you that
she/he
will
decide
later
(perhaps
after
looking
things
over in
more
detail).
If you
get your
orders,
ask the
judge to
tell you
how long
your
restraining
orders
will
last, so
that you
can fill
that
part in
on the
Restraining
Order
After
Hearing
form.
Then,
ask the
clerk if
you may
hand
your
proposed
Restraining
Order
After
Hearing
form and
any
attachments,
such as
the
Child
Custody
and
Visitation
Order
Attachment,
to the
judge.
If the
judge
gives
you all
of the
orders
you
asked
for, and
you
filled
out the
form the
right
way, the
judge
will
sign and
return
it. If
the
judge
does not
give you
or
changes
some of
the
orders
you
asked
for,
s/he
will
tell you
if you
need to
fill out
a new
form.
The
judge
may have
a person
in the
courtroom
who can
help you
fill out
the
forms.
If you
asked
for
child
support,
be sure
you
know:
-
How
much
the
child
support
is
for
each
child;
-
When
the
child
support
starts;
and
-
Whether
extra
amounts
are
added
for
child
care,
uninsured
health
care
costs,
or
other
things.
If this
seems
confusing,
know
that you
can get
help
through
this
process
by
getting
in touch
with a
domestic
violence
counselor.
To find
someone
who can
help
you, go
to our
CA Links
&
Resources
page.
(back to
top)
What
should I
expect
if my
abuser
doesn't
come to
the
hearing?
You
abuser
does not
have to
come to
the
court
hearing.
If s/he
does not
come to
court,
your
court
hearing
will
probably
be short
if you
told the
court
your
abuser
knew
about
the
hearing
by
giving
the
court a
Proof
of
Service
form.
If you
don’t
have
your
Proof of
Service
form, or
you did
not get
the
other
person
served
in time,
remember
that you
can ask
the
judge to
sign an
Temporary
Restraining
Order,
Form
DV-125,
to give
you more
time to
serve
him or
her.
Otherwise,
you will
have to
start
all over
again.
Most
judges
have a
short
time
available
to
handle
DVPA
court
hearings.
Listen
carefully
if the
judge
asks
questions,
and give
only the
information
that the
judge
asks
for.
When
your
hearing
ends,
ask the
judge to
tell you
how long
your
restraining
orders
will
last, so
that you
can fill
that
part in
on the
Restraining
Order
After
Hearing
form
(which
you will
already
have
started
to fill
out).
Then,
ask the
clerk if
you may
hand
your
Restraining
Order
After
Hearing
form and
all of
the
attachments
to the
judge.
If you
asked
for
child
support,
be sure
you
know:
-
How
much
the
child
support
is
for
each
child;
-
When
the
child
support
starts;
and
-
Whether
extra
amounts
are
added
for
child
care,
uninsured
health
care
costs,
or
other
things.
(back to
top)
What
should I
do when
I leave
the
courthouse?
-
Review
the
order
before
you
leave
the
courthouse.
If
you
have
ANY
questions
about
it,
be
sure
to
ask
the
judge
or
clerk.
-
Make
several
copies
of
the
restraining
order
as
soon
as
possible.
-
Keep
a
copy
of
the
order
with
you
all
of
the
time.
-
Leave
copies
of
the
order
at
your
work
place,
at
your
home,
at
the
children’s
school
or
daycare,
in
your
car,
with
a
sympathetic
neighbor,
and
so
on.
-
Give
a
copy
to
the
security
guard
or
person
at
the
front
desk
where
you
live
and/or
work.
-
Give
a
copy
of
the
order
to
anyone
who
is
named
in
and
protected
by
the
order.
-
If
the
court
has
not
given
you
an
extra
copy
for
your
local
law
enforcement
agency,
take
one
of
your
extra
copies
and
deliver
it
to
them.
-
You
may
wish
to
consider
changing
your
locks
and
your
phone
number.
If you
abuser
did not
come to
the
hearing,
you must
have the
papers
served
on him
again.
You can
do this
through
the
Sheriff's
Department.
You may
also
wish to
make a
safety
plan.
Women
can do a
number
of
things
to
increase
their
safety
during
violent
incidents,
when
preparing
to leave
an
abusive
relationship,
and when
they are
at home,
work,
and
school.
Many
batterers
obey
protective
orders,
but some
do not
and it
is
important
to build
on the
things
you have
already
been
doing to
keep
yourself
safe.
Click on
the
following
link for
suggestions
on
Safety
Planning.
(You can
access
the
safety
planning
information
any time
from the
WomensLaw.org
Home
page.)
(back to
top)
What if
I
received
Child
Support
Orders?
If the
judge
ordered
your
abuser
to pay
child
support,
you will
need to
fill out
and have
the
judge
sign
several
more
forms. You
can get
free
help
with all
of these
forms
from the
Family
Law
Facilitator.
The
forms
are
called:
-
Child
Support
Information
and
Order
Attachment,
Form
1296.31B;
and
-
Wage
and
Earnings
Assignment
Order,
Form
1285.70.
There
are two
other
forms
attached
as well.
You
don't
need to
fill
these
out -
they
just
tell you
some
information
you
should
know:
-
Notice
of
Rights
and
Responsibilities—Health
Care
Costs
and
Reimbursement
Procedures,
Form
1285.78;
and
-
Information
Sheet
on
Changing
a
Child
Support
Order,
Form
1285.79.
The
court
may also
want you
to
complete
a
confidential
form
called
the
Child
Support
Case
Registry
Form,
Form
1285.92.
(back to
top)
How do I
get
Child
Support
through
Wage
Assignment?
To start
collecting
child
support,
send a
copy of
the
Notice
to
Withhold
Income
for
Child
Support
,
Form
UIFSA-5,
to the
your
abuser's
employer.
You can
use the
address
listed
on your
abuser's
pay stub
or W-2
form.
(Copies
of these
should
be
attached
to your
abuser's
Income
and
Expense
Declaration
or
Financial
Statement).
The
Notice
to
Withhold
Income
for
Child
Support
tells
the
abuser's
employer
how much
money to
take out
of his
paycheck
and
where
the
money
should
be sent.
(back to
top)
I was
not
granted
a DVRO.
What are
my
options?
If you
are not
granted
a DVRO,
there
are
still
some
things
you can
do to
stay
safe. It
might be
a good
idea to
contact
one of
the
domestic
violence
resource
centers
in your
area to
get
help,
support,
and
advice
on how
to stay
safe.
They can
help you
develop
a safety
plan and
help
connect
you with
the
resources
you
need.
For
safety
planning
help,
ideas,
and
information,
go to
our
Safety
Planning
page.
You will
find a
list of
CA
resources
on our
CA Links
and
Resources
page.
If you
were not
granted
DVRO
because
your
relationship
with the
abuser
does not
qualify,
you may
be able
to seek
protection
through
a Civil
Harassment
Order.
You will
find
more
information
about
this
process
in the
Harassment
Order
section
of this
page.
You may
also be
able to
reapply
for a
DVRO if
you have
new
evidence
to show
the
court
that
domestic
abuse
did
occur,
or if a
new
incident
of
domestic
abuse
occurs
after
you are
denied
the
order.
If you
believe
the
judge
made an
error of
law, you
can talk
to
someone
at a
domestic
violence
organization
or a
lawyer
about
the
possibility
of an
appeal.
Generally,
appeals
are
complicated
and you
will
most
likely
need the
help of
a
lawyer.
(back to
top)
What if
the
abuser
violates
the
order?
Violating
a DVRO
is
against
the law.
There
are 2
ways to
get help
if your
abuser
violates
the DVRO.
Through
the
Police
or
Sheriff
(Criminal)
If the
defendant
violates
the DVRO,
call 911
immediately.
In some
cases,
the
defendant
can be
arrested
right
away.
Tell the
officers
you have
a DVRO
and the
defendant
is
violating
it.
Always
have
both a
certified
copy
(that
you got
from the
court
clerk)
of your
Restraining
Order
After
Hearing
(CLETS),
Form
DV-130
(with
any
attachments)
and your
filed
copy of
the
Proof of
Service,
showing
that the
abuser
was
served
with the
Restraining
Order
After
Hearing
(Form
DV-140)
with you
at all
times.
If the
abuser
is
arrested
and
criminal
charges
are
filed,
you may
be asked
to go to
court to
tell
what
happened.
It may
be
several
weeks or
months
before
the
criminal
case is
called
and you
are
asked to
tell
about
what
happened.
It will
be
easier
to
remember
things
for your
hearing
if you
write
down
everything
that
happened
just as
soon as
you can
after
things
calm
down.
Through
the
Courts
(Civil)
You may
file for
civil
contempt
for a
violation
of the
order.
The
abuser
is in
"civil
contempt"
if he or
she does
anything
that
your
DVRO
orders
him or
her not
to do.
To file
for
civil
contempt,
go to
the
clerk's
office.
If your
abuser
does not
follow
other
parts of
the
order
(such as
child
support
or
property
control),
you can
also
contact
the
Family
Law
Facilitator,
the
family
support
office
of the
district
attorney,
or a
private
attorney
for more
information
on how
to
enforce
the
order.
(For
court
information,
go to:
CA
Courthouse
Locations
& Info.)
(back to
top)
How do I
change
or
extend
my
order?
If you
want
your
restraining
order to
last
longer,
you need
to ask
the
court
one to
two
months
before
your
order
expires
to make
sure
that you
will
have
your
hearing
before
the
order
end.
The
court
can make
your
Domestic
Violence
Restraining
Order
last for
three
more
years or
permanently
with no
expiration
date, if
the
judge
believes
that you
have a
reasonable
fear
your
abuser
will
become
abusive
again
after
the
order
expires.
You will
need to
fill out
a
Request
to Renew
Restraining
Order
from
(Form
DV-700),
and a
Notice
of
Hearing
to Renew
Restraining
Order
form
(DV-710).
The
district
attorney,
the
court
clerk, a
private
attorney,
or a
domestic
violence
counselor
should
have the
forms
you will
need to
have
your
order
continue.
You will
also
find
links to
online
forms at
Download
Court
Forms.
You will
need to
have
your
abuser
served
with
these
forms
and
attend a
hearing.
(back to
top)
What
happens
if I
move?
If you
move
within
California,
your
order
will
still be
valid
and
good. It
is a
good
idea to
call the
Clerk to
change
your
address.
Additionally,
the
federal
law
provides
what is
called
"Full
Faith
and
Credit,"
which
means
that
once you
have a
criminal
or civil
protection
order,
it
follows
you
wherever
you go,
including
U.S.
Territories
and
tribal
lands.
Different
states
have
different
rules
for
enforcing
out-of-state
restraining
orders.
You can
find out
about
your
state’s
policies
by
contacting
a
domestic
violence
program,
the
clerk of
courts,
or the
district
attorney
in your
area.
If you
are
moving
out of
state,
you
should
call the
battered
women’s
program
in the
state
where
you are
going to
find out
how that
state
treats
out-of-state
orders.
If you
are
moving
to a new
state,
you may
also
call the
National
Center
on Full
Faith
and
Credit
(1-800-903-0111)
for
information
on
enforcing
your
order
there.
Note:
Civil
restraining
orders
may not
be
enforceable
on
military
bases,
and
military
restraining
orders
may not
be
enforceable
off
base.
Please
check
with
your
local
police
department,
court
clerk,
and/or
domestic
violence
advocate
for more
details.
Please
see our
Military
Info
page for
more
information.
(back to
top)
What is
the
legal
definition
of
harassment
in CA?
The Code
of Civil
Procedure
law on
Civil
Harassment
Orders
(Section
527.6)
defines
harassment
as:
-
unlawful
violence;
-
a
credible
threat
of
violence;
or
-
a
knowing
and
willful
course
of
conduct
directed
at a
specific
person
that
seriously
alarms,
annoys,
or
harasses
the
person,
and
that
serves
no
legitimate
purpose.
The
course
of
conduct
must be
such as
would
cause a
reasonable
person
to
suffer
substantial
emotional
distress,
and must
actually
cause
substantial
emotional
distress
to the
plaintiff.
To read
the
actual
wording
of the
law, see
the
CA
Statutes
page.
(back to
top)
What is
an
Injunction
Prohibiting
Harassment
or Civil
Harassment
Order (CHO)?
"Injunction"
is
another
word for
a
restraining
order.
In
California,
a person
who has
been
harassed
by
someone
with
whom
they
have not
had a
relationship
(such as
an
acquaintance,
co-worker,
neighbor,
or
stranger)
may ask
the
court
for a
"Civil
Harassment
Order"
restraining
order
prohibiting
further
abuse
and
harassment.
This
means
that a
judge
can
order
that
person
to stop
harassing
you and
to stay
away
from
you. You
may
receive
a
temporary
order,
which
will
last
until
you can
have a
full
court
hearing,
and a
final
order,
which
will
last up
to three
years.
(back to
top)
Am I
eligible
to file
for a
Civil
Harassment
Order?
Any
person
who has
suffered
harassment
or
stalking
as
defined
by CA
law can
apply to
the
court
for a
Civil
Harassment
Order.
It does
not
matter
who the
person
harassing
you is.
It can
be a
stranger
or
someone
you
know.
(back to
top)
What are
the
steps
involved
with
obtaining
a CHO?
The
steps to
get a
Civil
Harassment
Order
are
similar
to the
steps to
get a
Domestic
Violence
Restraining
Order.
If you
have any
questions,
call the
clerk of
court.
You can
find the
contact
information
for your
clerk on
the
Courthouse
Locations
& Info
page.
If you
are
requesting
the
Civil
Harassment
Order
because
of
violence,
threats
of
violence,
sexual
assault,
or
stalking,
there is
no fee.
The information on
this website is for informational
purposes only and does not
constitute legal advice.
For more information about
protection orders or domestic violence restraining orders for the state of
California, check
out
http://www.womenslaw.org/CA/CA_how_to.htm. The
information above was gathered from
http://www.womenslaw.org/CA/CA_how_to.htm. |
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