DOMESTIC VIOLENCE RESTRAINING ORDERS

If you are a victim of domestic violence, we may be able to help you obtain a restraining order against the abuser.

Getting a restraining order involves submitting an application to the court. If the court accepts the application, a temporary order is issued. Later, there will be a hearing to determine if the order should be made permanent (usually three years). Restraining orders cover issues of child custody, visitation, property control, residence move outs as well as the stay away orders that protect you from further abuse.

The following information will give you an overview of the steps you need to take to get a Domestic Violence Restraining Order. However, it is not legal advice. You should contact us or a private attorney for assistance and/or referral after you've reviewed this material. Contact us by using the link at the bottom of the page.

STEP-BY-STEP...

Submission of DV-OSC/TRO application: in Fresno, it takes 24-48 hours to get a temporary restraining order (TRO). In the meantime, you can contact local law enforcement for an Emergency Restraining Order if needed to prevent further abuse (prior to getting the TRO). Click here for info on EPO's.

Judge signs or rejects the application: if approved, you must serve the Respondent (abuser). The TRO is in place until a hearing is held to determine if the order should be made permanent. That typically happens about 25 days after the TRO is issued. If the application is rejected, and the judge doesn't explain why, ask the court for the reason. In any case, you can re-submit the application usually by including more compelling facts about the abuse.

Serving the Respondent: you can’t serve the Respondent yourself. The forms must be served by someone over 18 years of age who is not protected in your restraining order, including friends, relatives, the county sheriff or a process server can serve and then fill out the Proof of Service (POS). File the POS with the court and the sheriff’s records department. Note: the respondent must be served at least five days before the hearing. If you were not successful in getting the respondent served in the required time, you can ask the court to give you another opportunity to get the respondent served. You must file with the court a Reissue of TRO at least three days prior to your hearing date. All of the orders that you were given in your restraining order will continue in effect until the date of the new hearing.

Mediation: If you have children together with the respondent, depending on which county you live in, on the day of your hearing, you may be required to attend mediation with Family Court Service regarding the issue of child custody and visitation. You have the right to request separate mediation from the respondent.

The Hearing: The hearing gives both parties an opportunity to state their case. You will ask for a permanent restraining order. If your request is granted, you’ll receive your final orders or a "minute order" at the hearing. If you are given a minute order only, you will have to prepare a Restraining Order After Hearing and file it with the court. The judge will then sign it and return five certified copies to you. If for some reason your hearing is continued, your TRO will remain in effect until the date of the new hearing.

Additional Hearings: in some cases additional hearings are required, especially if custody and visitation issues are complicated.

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FREQUENTLY ASKED QUESTIONS

Q: What does a restraining order do?

A: In addition to stay away orders, it also addresses the issues of child support, custody, visitation, property control, requests for batterer’s treatment and residence move out orders.

Q: Will the restraining order affect the custody of my children?

A: If the abuser is the father of your children, the court will establish custody orders or change any existing orders

Q: Can I get a kick-out order if our residence is in both our names?

A: Yes, if you convince the court that it's necessary for the safety of you and your children and/or for some other compelling reason. Click here for more information.

Q: Will the abuser see what I wrote on my application for the restraining order?

A: Yes. You are required to serve the abuser with a copy of the forms you file with the court.

Q: Does the abuser have to be present at the hearing?

A: No. The court requires that the abuser be served with the forms and that a Proof of Service be filed with the court to let them know he knew about the hearing. If the Proof of Service is on file (or you have a court stamped copy with you at the hearing) the court will hear your case without the abuser present. The abuser can attend the hearing if they are not in agreement with the issues that you addressed in your application for the restraining order.

Q: How long will the hearing last?

A: Most hearings average 15 minutes or less (if you live in a county which requires that you attend mediation the same day, you will be at the court longer).

Q: Can I bring someone with me to the hearing and mediation?

A: Yes. The law allows you to have a "support person" present. However, they may not address the court or disrupt the proceedings in any way.

Q: I want to withdraw my application for a restraining order. Can I do that and still get the court to order counseling for the abuser?

A: No. If you withdraw your application, the court can not order treatment.

Q: Does the restraining order divorce me from the abuser?

A: No. The restraining order covers many of the same issues found in divorces, but it does not end your marriage. You must petition the court for a "dissolution" (divorce) in a separate proceeding.

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TECLEO AQUÍ PARA LEER ESTA PAGINACIÓN EN ESPANOL

FOR A MORE DETAILExecutive Director EXPLANATION OF THE DOMESTIC VIOLENCE RESTRAINING ORDER, CLICK BELOW TO DOWNLOAD THE STATE OF CALIFORNIA'S...

 

A Guide for Persons Applying for Domestic Violence Protection Orders
in Adobe Acrobat format (140k)

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