If you are a survivor of abuse or are being threatened with violence, a restraining order can help keep you and your loved ones safe. A restraining order prohibits an abuser, such as a former spouse, from contacting or even coming within a certain distance of you and your children, your home and/or your place of work.
Fill Out Forms
To get a restraining order in California, you need to fill out three forms (and two additional forms if you have children you want to be protected):
- Request for Order, Form DV-100
- Temporary Restraining Order, Form DV-110
- Notice of Court Hearing, Form DV-109
- Child Custody, Visitation, and Support Request, Form DV-105 (for children)
- Child Custody and Visitation Order, Form DV-140 (for children)
In these forms, you can ask the court for a variety of different orders, including an order for the restrained person to stay a certain distance from you, keep away from your home or work, refrain from contacting you and move out of your home (if you live together).
In addition to the forms above, find out if there are any local county forms that need to be completed. You should also draft a declaration that details the abuse, if any, from the restrained person. Make several copies of these documents for you, the person being restrained and any other protected people.
Submit Forms & Declaration to Court Clerk
After the forms are filled out and the declaration is drafted, you need to submit them to the local Superior court. Typically, the clerk will give the forms to the judge, who will then look at them that afternoon (if submitted early enough) and decide whether or not to grant a temporary restraining order. If your temporary restraining order is granted, you will need to serve the papers (and additional forms) on the restrained person, which can be easily done with the help of a lawyer.
Permanent Restraining Order Hearing
The court will schedule a meeting a few weeks later, where you will have to present evidence demonstrating that you are entitled to a permanent restraining order. A lawyer can help collect the evidence needed to prove that a long-term restraining order is necessary, as well as prepare you for the hearing.
If you or a loved one has been the victim of abuse, please contact our Temecula family law lawyers at Hanson, Gorian, Bradford & Hanich. Our team of attorneys can help you gather the evidence required, fill out the correct paperwork and prepare you for a restraining order hearing so you don’t have to carry the burden of your circumstances alone.Call (951) 506-6654 or contact us online.