Domestic Violence and Restraining Orders
DOMESTIC VIOLENCE may occur in many forms between two people in an intimate relationship. Physical violence includes kicking, punching, shoving, slapping or any action that hurts your body. Sexual violence includes unwelcome touching, fondling or forced intimacy. Emotional violence includes using coercion, threats or anger to create a controlling and fearful situation. http://www.courts.ca.gov/selfhelp-domesticviolence.htm
IF YOU NEED PROTECTION RIGHT NOW, YOU SHOULD CALL 911; OR
- A local law enforcement agency, or
- A domestic violence shelter, or
- The National Domestic Violence Hotline at 1-800-799-7233 or 1-800-799-SAFE,http://www.ncadv.org
WARNING! People can tell what Internet sites you have visited on your computer.
BE SAFE! Use the Internet at a local library, a friend's house, or at work.
IF YOU ARE IN IMMEDIATE DANGER, CALL 911. During hours that the Court is closed, a law enforcement officer can obtain an Emergency Protective Order for you which last from 5 to 7 days. A police officer or sheriff responding to a domestic violence incident can call a judge (anytime, day or night) and ask for an emergency protective order that goes into effect immediately. The emergency protective order can make the abusive person leave the home and keep that person away from you and your children, for up to 7 days. Since you need a police officer's assistance to get an emergency protective order, it is important to describe to him or her, the abuser's actions and why you are afraid. If you are not in immediate danger but need protection from harm or harassment or if you want protection for a longer period of time, you need a Restraining Order. You may apply for a temporary restraining order at the court.
There are two main types of restraining orders:
- A Domestic Violence Restraining Order is for people who have or have had a married or dating relationship or are closely related such as a parent, child, brother, sister, grandmother, grandfather or in-law. You may be divorced, separated, a registered domestic partner, dating or used to date, live together or used to live together The person seeking protection must have experienced actual physical violence or a credible threat of physical violence. There is No Filing Fee to apply for a Domestic Violence Restraining Order. You can download the forms that you will need to file for your restraining order. http://www.courts.ca.gov/forms.htm
- Civil Harassment Restraining Order is appropriate if there is not a romantic or close family relationship between the parties. Common examples of the types of restraining order are neighbor vs. neighbor, stranger vs. stranger, and distant relative vs. distant relative. The conduct that these orders try to prevent can range from annoying behaviors to physical abuse. Civil Harassment Orders can be made to stop a variety of behaviors, from repetitive phone calling to stalking. http://www.courts.ca.gov/forms.htm
Please also note that there are two additional types of restraining order available:
- *Elder or ** Dependent Restraining Orders -* for seniors who are suffering physical, mental or financial abuse and over the age of 65 or are between the age of 18-64 and have certain disabilities. http://www.courts.ca.gov/forms.htm
- Workplace Violence Restraining Orders - Protects one co-worker from another. http://www.courts.ca.gov/forms.htm
Resources for Victims of Domestic Violence
For more detailed information, you may visit:
Judicial Council’s Self Help
Safe At Home
House of Ruth (West end)
(909) 988-5559 24 Hour Crisis Hotline
Option House (San Bernardino area)
(909) 381-3471 24 Hour Crisis Hotline
DOVES (Big Bear area)
Haley House (Barstow area)
Morongo Basin Unity Home (Joshua Tree area)
(760) 366-1247 Outreach Office
(760) 366-9663 24 Hour Hotline
A Better Way (Victorville area)
(760) 955-8723 24 Hour Hotline
High Desert Domestic Violence (Victorville area)
National Coalition Against Domestic Violence Hotline
Courthouses to obtain a Domestic Violence Restraining Order:
235 East Mountain View Avenue
Hours: 8:00 am – 3:00 pm Tuesday, Wednesday, Thursday
Joshua Tree District
6527 White Feather Road
Joshua Tree, CA
Hours: 8:00 am – 3:00 pm
San Bernardino District
351 North Arrowhead Avenue
San Bernardino CA 92415
Hours: 8:00 am – 3:00 pm
14455 Civic Drive
Victorville, CA 92392
Hours: 8:00 am – 3:00 pm
Frequently Asked Questions
What is a Domestic Violence Restraining Order?
A domestic violence restraining order is an order that helps protect you from someone who is abusive.
What is the filing fee for filing a Domestic Violence Restraining Order?
There is No Filing Fee to apply for a Domestic Violence Restraining Order.
Who may apply for a Domestic Violence Restraining Order?
Anyone who have or had a married or dating relationship or are closely related such as a parent, child, brother, sister, grandmother, grandfather, or in-law. You may be divorced, separated, a registered domestic partner, dating or used to date, live together or used to live together.
What Type of Orders Are Possible?
A restraining order can stop a person from having contact with or going near the protected person and/or pets; stop a person from having a gun or firearm while the order is in effect; move a person from the house; provide custody, visitation, and support orders when there are children; and/or require one person to pay bills or release property.
What can I do during the hours that the court is closed?
If you are in immediate danger, call 911. During the hours that the court is closed, a law enforcement officer can obtain an Emergency Protective Order which lasts from 5 to 7 days. A police officer or sheriff responding to a domestic violence incident can call a judge (anytime, day or night) and ask for an emergency protective order that goes into effect immediately.
What do I do if my Emergency Protective Order is about to expire?
If your Emergency Protective Order is about to expire and you want protection for a longer period of time, you need a Restraining Order. You may apply for a temporary restraining order at your local courthouse.
How do I get the other party served with Domestic Violence Restraining Order paperwork?
You can ask the Sheriff in the county where the restrained person lives and works to serve the papers for you, at no cost. You also may have a person over the age of 18 who is not a party to the action serve a copy of the paperwork. The person must complete the Proof of Service form (DV-200) and it must be filed with the court.
What If I Have Been Served With Restraining Order Paperwork?
Read the Temporary Order (DV-110) carefully. If you disobey the order, you can go to jail or be fined. If you are ordered to move out, then take your clothes and belongings you will need until the court date and move out. You CANNOT own, possess, or have a gun or firearm while the order is in effect. If you have a gun now, you have to turn it in to the police or sell it to a gun dealer. Read How Do I Turn In or Sell My Firearms? (Form DV-800-INFO).
Go to the court hearing on the restraining order. The hearing date is on the Notice of Court Hearing (Form DV-109). If you do not go to court, the judge can make the restraining order without hearing your side of the story. And the order can last up to 3 years. If you want to tell your side of the story, file and serve the Response (DV-120) BEFORE your court date. Even if you do not file a Response, GO TO YOUR HEARING. You do not need a lawyer to respond to a restraining order. BUT it is a good idea to have a lawyer. Having a restraining order issued against you can have very serious consequences, so by having a lawyer you can protect your rights as best as possible.
IMPORTANT! If you also have a criminal case related to the abuse or violence in this case, it is very important you talk to a lawyer. Anything you say or write in the domestic violence restraining order case can be used against you in your criminal case.
What if I could not serve the restraining order in time for the court hearing?
You should still appear at the court hearing and tell the court that you were unable to get the paperwork served. The court will continue the hearing and extend the temporary restraining order to the continuation date. You will need to complete the following forms, DV115 Request to Continue Court Hearing and Reissue Temporary Restraining Order and the DV116 Notice of New Hearing and Order on Reissuance the day of the hearing and submit to the courtroom.
The DV-115-INFO form “How To Ask For A New Hearing Date” has helpful information and can be found at the California Court’s Website.
How long does a Domestic Violence Restraining Order last?
Domestic Violence Restraining Orders can last from three years to non-expiring.
My restraining order is about to expire, I feel that I still need to be protected, how can I extend the order?
A protected person can ask the court to renew a restraining order, either for another three years or permanently, whether or not there has been any more violence or threats of violence. If there is a need to renew the order, you must apply during the three month period before your order expires. You will need to complete the Request to Renew Restraining Order form (DV700), and Order to Renew Domestic Violence Restraining Order (DV730) and file these forms with the court.
Do I need to hire a lawyer to get these orders?
No. Lawyers are helpful, but you can file these forms even if you do not have a lawyer.
I received a restraining order from the court, but the restrained person is not following the judge’s orders. What can I do?
As the protected party, you should always have a certified copy of the restraining order with you. If the restrained party violates the order by committing or threatening violence, you should call your local law enforcement agency. Once the police officer or sheriff’s deputy reads the order to see if the order has been violated, he or she will decide what action to take. The restrained party may be arrested and criminal charges may be filed.
The other party and I have resolved our differences; can I cancel the restraining order?
If you have a restraining order, only a Judge can change or cancel a restraining order before it expires. If you wish to cancel your restraining order you will have to come into court and file the appropriate paperwork to set your matter for a hearing in front of the judge.