RESTRAINING ORDERS
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OVERVIEW

RESTRAINING ORDER OVERVIEW
A Restraining Order is an order made by a judge in civil court. The judge can order someone not to hurt or harass you. The judge can also order someone to not contact you or go near you. There are many different types of restraining orders.
For more information on restraining orders, refer to the Adobe pdf file Guide to Civil Restraining Orders.

DOMESTIC

DOMESTIC-RESTRAINING ORDER
A Domestic Violence Restraining Order is an order that helps protect a person from someone who is abusive. To qualify for a domestic violence protective order, a certain relationship must exist between the requesting party and the person to be restrained. It may contain orders telling that person to stay a certain distance away from the requesting party and may contain orders prohibiting certain conduct by the restrained person.
Form Description Format
DV-100 Instructions  How to fill out a domestic violence restraining order.
This English powerpoint presentation provides step-by-step assistance on filling out the form DV-100.
External Weblink
Self-Help Center
California Court Info Self-Help Center External Weblink
English, Chinese, Korean
Spanish, Vietnamese
Can a Domestic Violence Restraining Order Help Me? Adobe pdf file
English, Chinese, Korean
Spanish, Vietnamese
Filled Out the Forms-What Now? Adobe pdf file
DV-505: Temporary Forms You Need for a Temporary Restraining Order Adobe pdf file
DV-570: Financial Which Financial Form—FL-155 or FL-150? Adobe pdf file

ELDER ABUSE

ELDER ABUSE-RESTRAINING ORDER
An Elder Abuse Restraining Order applies to a person seeking a protective order who falls
within the definition of an elder or dependent adult as follows:
An elder is defined as a person who is 65 years or older, or
A dependent adult is defined as a person who is between the age of 18 to 64 years and who has
a mental or physical limitation that restricts his/her ability to carry out normal activities.
What Is Elder or Dependent Adult Abuse?
Form Description Format
EA-150-INFO:
Prevent Adult Abuse

Can a Restraining Order To Prevent Elder or Dependent Adult Abuse Help Me? Adobe pdf file
EA-151-INFO:
Respond to Adult Abuse
How Can I Respond to a Request for Orders to Stop Elder or Dependent Adult Abuse? Adobe pdf file
EA-142-INFO:
Proof of Service
What Is Proof of Service? Adobe pdf file
Elder or Dependent Abuse Judicial Council Forms: Browse All Forms. External Weblink

HARASSMENT

HARASSMENT-RESTRAINING ORDER
The Civil Harassment Restraining Orders differ from Family Law Domestic Violence Restraining Orders in that the person to be restrained does not share a relationship with the requestor, a requirement for a domestic violence protective order. A person may seek protection if the person requesting protection fears for his/her safety because the person is being:
stalked;
harassed;
sexually assaulted;
or threatened by someone you do not have a close relationship with, like a neighbor or roommate.
Form Description Format
DV-810: Gun or Firearm
What Do I Do With My Gun or Firearm? Adobe pdf file
CH-151: Request to Stop How Can I Answer a Request for Orders to Stop Harassment? Adobe pdf file
CH-135: Proof of Service What Is Proof of Service? Adobe pdf file

WORKPLACE

WORKPLACE-RESTRAINING ORDER
Any employer whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace, may seek a restraining order through the court. The employer initiates the action with the filing of a Petition of Employer for Injunction Prohibiting Violence or Threats of Violence Against Employee. The initial order rendered is in the form of temporary restraining orders with a corresponding court hearing date, at which time a restraining order lasting up to three (3) years may be granted.
Form Description Format
Prohibit Workplace Violence
Information Sheet for Petitions to Prohibit Workplace Violence. Adobe pdf file
WV-120-INFO Instructions How Can I Respond To A Petition For Orders To Stop Workplace Violence? Adobe pdf file
Self-Help Center California Courts Self-Help Center: Forms & Instructions for Use in Workplace Violence Cases. External Weblink
Help in Spanish/Español Forms assistance in the Spanish Language. External Weblink
Link to FAQs California Courts Self-Help Center: Questions & Answers External Weblink

FAQs

FREQUENTLY ASKED QUESTIONS
The following questions and answers are provided for general reference and information only.
Types of Restraining Orders.
Although the rules and names for restraining orders vary in every jurisdiction, there are three common types of restraining orders.
The first type
of restraining order is an Emergency Protective Order, which goes into effect immediately. Emergency Protective Orders usually arise in situations of police responding to domestic violence calls. A police officer can call a judge at any time and request the Emergency Protective Order if the officer feels it is necessary to prevent imminent harm. An Emergency Protective Order only lasts a short amount of time, usually less than a week, and its purpose is to provide protection and give a victim time to apply for a restraining order.
The second type
of restraining order is a Temporary Restraining Order, which also lasts only a short period of time, usually less than a month. A Temporary Restraining Order is issued when a victim applies for a restraining order. Its purpose is to provide the victim protection until a hearing can be held and a restraining order can be issued.
Permanent restraining order is the third type
of restraining order and is usually referred to as simply a Restraining Order. A Permanent Restraining Order can be issued once a hearing has been held, and it can be in effect for up to a set number of years (usually three). Permanent Restraining Orders can be renewed or extended if the victim is still in danger of being subjected to abusive or harassing behavior when the order expires.
Obtaining a Restraining Order
The procedure for obtaining a restraining order starts with filling out the necessary paperwork.
The requisite forms can be obtained from the courthouse or online. Many shelters and domestic abuse prevention organizations have the forms accessible for the public. The forms will require the alleged victim to provide personal information, including a specific description of the abusive or harassing behavior from which the alleged victim is seeking protection and identifying information regarding the alleged abuser or harasser. A judge will review the forms and decide whether to issue a Temporary Restraining Order until a hearing can be held. After the Temporary Restraining Order decision has been made, a court date will be set for a hearing on the permanent restraining order.
After the hearing date has been set, the alleged victim must arrange for service of the documents on the alleged abuser. At the hearing the alleged victim must prove the alleged abuser or alleged harasser has committed abusive or harassing acts, and the alleged victim needs protection.
After the Restraining Order is Granted
If a restraining order is granted, the victim should make numerous copies of the order and keep a copy with him/her at all times. He/she should also leave a copy of the order at their place of employment, and his/her children's school or daycare. If an abuser or harasser violates the restraining order, they are violating the law and the police should be contacted immediately.
"No Contact" and Other Commonly Addressed Issues
One of the most common restraining order mandates is for an individual not to make contact with another person or to stay a certain distance away from the person. Some other common mandates of restraining orders include orders not to:
Enter a family home.
Remove children from a certain jurisdiction.
Sell marital property.
Possess or purchase a firearm.
Restraining orders also may grant a victim control over jointly owned property, such as vehicles, bank accounts, or household appliances. They can also order an individual to continue to make loan payments, return personal belongings to the victim, pay certain bills, or attend counseling or other treatment programs. The conditions and restrictions of restraining orders vary based upon the unique circumstances of the case, and the judge can order any reasonable directives he/she feels are necessary to protect the victim.