How to Obtain a Restraining Order: A Step-by-Step Guide
Have you or someone you love experienced harassment, threats, or violence? You’ll be relieved to know that a restraining order can provide legal protection. Restraining orders are available for victims of domestic violence, stalking, elder abuse, and other harmful behaviors.
While a restraining order can be helpful, it’s not always simple to obtain one. Fortunately, the Law Office of Shelly Jean John in Ontario, California can help. I can break down the steps involved in getting a restraining order so you can take the right legal action as quickly as possible.
The Basics of Restraining Orders in California
A restraining order is a court order that protects people from abuse, threats, or harassment. It can require the restrained person to stay away from you, your home, your work, and even your children’s school. In California, there are different types of restraining orders, including:
Domestic violence restraining orders (DVROs): For individuals who have been abused by someone they have a close relationship with, such as a spouse, ex-spouse, partner, or relative.
Civil harassment restraining orders: For protection against someone you’re not closely related to, such as a neighbor, roommate, or coworker.
Workplace violence restraining orders: Requested by an employer to protect an employee from threats or violence at work.
Elder or dependent adult abuse restraining orders: For seniors or dependent adults who have suffered physical abuse, neglect, or financial exploitation.
Each type of restraining order serves a specific purpose and requires different forms and evidence. Understanding which one applies to your situation is the first crucial step.
Step 1: Determine If You Qualify for a Restraining Order
Before filing, it’s important to figure out if you meet the requirements for a restraining order. You may qualify if you:
Have been physically abused, threatened, stalked, or harassed.
Have a close relationship with the abuser (for a domestic violence restraining order).
Have evidence, such as police reports, text messages, emails, or witness statements.
Fear for your safety or the safety of your children.
If you’re unsure whether you qualify, speaking with a family law attorney or seeking assistance from a domestic violence shelter can help clarify your options.
Step 2: Complete the Necessary Forms
Once you know you qualify, the next step is filling out the required court forms. These forms can be obtained online through the California courts website or at your local courthouse. Some of the key forms include:
Request for Domestic Violence Restraining Order (DV-100): The primary form for requesting a restraining order.
Confidential CLETS Information (CLETS-001): Used by law enforcement to enter the restraining order into their system.
Notice of Court Hearing (DV-109): Notifies the restrained person of the court date.
Temporary Restraining Order (TRO) (DV-110): If immediate protection is needed, this form requests a temporary order until the court hearing.
These forms require detailed information, including incidents of abuse, threats, or harassment. Providing clear and specific details will strengthen your request.
Step 3: File Your Forms with the Court
Once you’ve completed the forms, take them to the courthouse in the county where you live or where the abuse happened. When filing:
Make at least three copies of each form.
Turn them into the court clerk, who will stamp and return them.
Ask if a filing fee applies (domestic violence restraining orders don’t usually require a fee, but other types might).
The judge may review your forms the same day or there may be a waiting period before a decision is reached to grant a temporary restraining order.
Step 4: Get a Court Date and Temporary Restraining Order (If Granted)
After filing, the court will set a date for a hearing, usually within a few weeks. If the judge grants a temporary restraining order, it will stay in place until the hearing. Be sure to:
Keep a copy of the TRO with you at all times.
Provide copies to your workplace, school, or any other relevant locations.
Inform law enforcement if necessary.
Follow all court instructions and avoid any contact with the restrained person.
If a TRO isn’t granted, you can still present your case at the hearing.
Step 5: Serve the Restrained Person
The restrained person must be served with the paperwork before the hearing. This means they must receive official copies of the filed forms, including the TRO if one was granted. You can’t serve the papers yourself, so consider these options:
Sheriff’s office: Many counties offer free service of process through the sheriff’s department.
Private process server: A professional who delivers legal documents.
Someone over 18: A friend or family member who isn’t part of the case can serve the papers.
After service, the person who served the papers must complete and file a Proof of Service form to confirm that the restrained person received the documents. If the restrained person isn’t properly served, the hearing may be delayed.
Step 6: Prepare for Your Court Hearing
Your court hearing is your chance to explain to the judge why you need protection. To strengthen your case:
Gather evidence: Bring police reports, medical records, threatening messages, photos of injuries, or witness statements.
Practice what you’ll say: Be clear about what happened, when it happened, and how it has affected you.
Bring support: A lawyer, advocate, or trusted friend can offer emotional support and guidance.
Dress appropriately: Wear professional clothing to show the court you take the matter seriously.
Arrive early: Give yourself time to go through security and find the right courtroom.
If you take these simple steps, you can significantly improve your chances of getting a favorable outcome at your hearing.
Step 7: Attend the Court Hearing
On the day of the hearing, arrive early, dress professionally, and bring your paperwork. During the hearing:
The judge will ask questions about your request.
The restrained person may also be present to share their side.
You’ll have the opportunity to present evidence and explain why you need ongoing protection.
If the judge grants the restraining order, it may last anywhere from a few months to five years, depending on the circumstances.
Step 8: Follow-Up After the Hearing
If the judge issues a long-term restraining order, make sure to:
Get certified copies: Keep a copy with you and provide one to relevant places like work or school.
Give law enforcement a copy: They should have it on file in case you need assistance.
Know the expiration date: If you still need protection when it expires, you can request a renewal before it runs out.
Comply with the order: Avoid contact with the restrained person, even if they try to communicate with you.
Following these steps will help you maintain the protection granted by the court and give you peace of mind moving forward. However, having a restraining order in place doesn’t automatically guarantee safety. Staying vigilant and knowing how to respond if the order is violated are crucial next steps in protecting yourself and those around you.
What to Do If the Restrained Person Violates the Order
A restraining order is legally binding, and violating it can lead to serious consequences. If the restrained person doesn’t follow the order:
Call the police: Violating a restraining order is a criminal offense, and law enforcement can take action.
Document everything – Keep records of any violations, such as texts, emails, or witness statements.
Go back to court – If the violations continue, you may need to return to court for additional protection.
Taking swift action when a restraining order is violated is essential for reinforcing its effectiveness. Law enforcement and the courts take these violations seriously, and documenting every incident will help strengthen your case should further legal action be required.
Staying informed about your rights and available legal remedies can empower you to protect yourself and maintain your safety.
Reach Out Today
Filing for a restraining order can be overwhelming, but taking the right steps will help you get the protection you need. From gathering evidence and filing the correct forms to attending your hearing and following up afterward, each stage is crucial. I provide legal counsel to San Bernardino County, Riverside County, and Ontario, California. For help with the process, contact the Law Office of Shelly Jean John for a free phone consultation.