Forms for Restraining Order in California: A Complete Guide
Introduction
In California, restraining orders provide legal protection for individuals facing threats, harassment, or abuse. A court order issued as part of a restraining order offers crucial protection for those who have experienced abuse. Understanding the various forms required for obtaining a restraining order can be overwhelming, especially during stressful situations. This comprehensive guide breaks down the different types of restraining orders available in California, the specific forms needed for each, and the process for filing them correctly.
Whether you’re seeking protection from domestic violence, civil harassment, workplace violence, or elder abuse, this guide will help you navigate the California court system effectively. We’ll cover everything from temporary restraining orders to long-term protection, including important considerations for cases involving children and family members.
Types of Restraining Orders in California
Domestic Violence Restraining Order
A domestic violence restraining order is a court order that provides protection for individuals who have experienced abuse from someone with whom they have a close relationship. This includes:
- Current or former spouses
- Current or former dating partners
- Family members (parents, children, siblings)
- Intimate partners who live together or previously lived together
- Co-parents of a child
The primary form required to request a domestic violence restraining order is Form DV-100 (Request for Domestic Violence Restraining Order).
Civil Harassment Restraining Order
A civil harassment restraining order protects against harassment, threats, stalking, or violence from someone who is not a close family member or intimate partner. This might include neighbors, roommates, or distant relatives.
The main form needed is CH-100 (Request for Civil Harassment Restraining Order).
Workplace Violence Restraining Order
This type of restraining order allows an employer to protect an employee from violence or threats. The primary form is WV-100 (Petition for Workplace Violence Restraining Orders).
Elder or Dependent Adult Abuse Restraining Order
For those 65 or older, or dependent adults experiencing abuse, this restraining order provides specific protections. The main form is EA-100 (Request for Elder or Dependent Adult Abuse Restraining Order).
The Restraining Order Process
Step 1: Complete the Required Forms
For a domestic violence restraining order, you’ll need to fill out several forms:
- Form DV-100: Request for Domestic Violence Restraining Order
- Form DV-110: Temporary Restraining Order
- Form DV-109: Notice of Court Hearing
- Form CLETS-001: Confidential CLETS Information
If you have children with the restrained party, you may also need:
- Form DV-105: Request for Child Custody and Visitation Orders
- Form DV-140: Child Custody and Visitation Order
For financial support, include:
- Form DV-100: Request for Domestic Violence Restraining Order (with financial support sections completed)
- Form FL-150: Income and Expense Declaration
Step 2: File Forms with the Court
Take your completed forms to the clerk’s office at your local superior court. The court clerk will:
- Review your forms for completeness
- Assign a case number
- Set a hearing date (usually within 21 days)
- Process your request for a temporary restraining order or other court order
Most courts waive the filing fee for domestic violence restraining orders. For other types, you can request a fee waiver if needed.
Step 3: Temporary Restraining Order
If you request a temporary restraining order, a judge will review your paperwork the same day or the next business day. If approved, this order provides immediate protection until your court hearing.
Step 4: Serve the Restraining Order
Before your court hearing, the restrained party must be legally notified through personal service. This means:
- Someone 18 or older (not you) must hand-deliver copies of all your court papers to the restrained party
- The server must complete Form DV-200 (Proof of Personal Service)
- This proof must be filed with the court before your hearing
Step 5: Attend the Court Hearing
At the court hearing, the judge will decide whether to grant a permanent restraining order, which is a type of court order that can last up to five years. Both parties will have the opportunity to present evidence and testimony.
Responding to a Restraining Order
If you have been served with a restraining order, it is essential to understand your rights and options. Being served with a restraining order can be a daunting experience, but knowing how to respond can make a significant difference in the outcome.
You have the right to respond to the restraining order and contest the allegations made against you. To do this, you must file a Response (Form DV-120) with the court. This form allows you to present your side of the story, deny the allegations, and provide evidence to support your case.
The Response must be filed within the time frame specified in the restraining order, usually 5-10 days before the court hearing. It is crucial to adhere to this deadline to ensure your response is considered by the court.
In your Response, you can deny the allegations made against you, provide evidence to support your case, and request that the court dismiss the restraining order. This is your opportunity to present any information that may counter the claims made by the protected party.
You may also want to consider hiring an attorney to represent you in court and help you prepare your Response. An attorney can provide valuable guidance, ensure that your paperwork is correctly completed, and represent your interests during the court hearing.
It is crucial to take the restraining order seriously and respond promptly to avoid any adverse consequences. Ignoring the restraining order or failing to respond can result in the court granting the order by default, which can have significant legal and personal implications.
Modifying or Terminating a Restraining Order
If you are the respondent in a restraining order case, you may want to modify or terminate the order if circumstances have changed. Life situations can evolve, and the conditions that warranted the restraining order may no longer apply.
To modify or terminate a restraining order, you must file a Request to Modify or Terminate Restraining Order (Form DV-600) with the court. This form allows you to formally request changes to the existing order or to have it lifted entirely.
You must provide evidence to support your request, such as proof of changed circumstances or new information that was not available at the time of the original hearing. This could include changes in living arrangements, new evidence that disproves the original allegations, or other relevant factors.
The court will review your request and may schedule a hearing to consider your request. During this hearing, both parties will have the opportunity to present their case, and the judge will make a decision based on the evidence and testimonies provided.
The restraining order may be modified or terminated if the court grants your request. This means that the conditions of the order could be adjusted to better reflect the current situation, or the order could be lifted entirely if it is no longer deemed necessary.
However, if the court denies your request, the restraining order will remain in effect. It is essential to be prepared for this possibility and to understand that the court’s primary concern is the safety and well-being of the protected party.
It is essential to consult with an attorney before attempting to modify or terminate a restraining order to ensure you follow the correct procedures and present a strong case. An attorney can help you gather the necessary evidence, complete the required forms, and represent you during the court hearing.
By understanding the process and seeking appropriate legal advice, you can navigate the complexities of modifying or terminating a restraining order effectively.
Common Forms for Domestic Violence Restraining Orders
| Form Number | Form Name | Purpose |
|---|---|---|
| DV-100 | Request for Domestic Violence Restraining Order | The main application form |
| DV-110 | Temporary Restraining Order | For immediate, short-term protection |
| DV-109 | Notice of Court Hearing | Sets your hearing date |
| DV-105 | Request for Child Custody and Visitation Orders | For child custody and visitation orders |
| DV-140 | Child Custody and Visitation Order | The court’s orders regarding children |
| DV-200 | Proof of Personal Service | Confirms the restrained party received the paperwork |
| FL-150 | Income and Expense Declaration | Required for child support or spousal support |
| DV-130 | Restraining Order After Hearing | The final, long-term restraining order |
Special Considerations
Child Custody and Visitation
When children are involved, the court will make orders regarding:
- Legal and physical child custody
- Parenting time schedules
- Supervised or unsupervised visitation
- Exchange locations
The judge prioritizes the safety and well-being of the children when making these decisions.
Financial Support
A domestic violence restraining order can include orders for:
- Child support
- Spousal support
- Payment of bills or debts
- Attorney’s fees or lawyer’s fees
To request financial support, you must complete Form FL-150 (Income and Expense Declaration) with detailed information about your finances.
Renewing a Restraining Order
To renew restraining order protection before it expires:
- File Form DV-700 (Request to Renew Restraining Order) at least three months before expiration
- A hearing will be scheduled to determine if the order should be renewed
- If approved, the order can be renewed for either five years or permanently
FAQs
Q: Do I need a lawyer to get a restraining order? A: No, you can request a restraining order without an attorney. Many courts have self-help centers or domestic violence advocates who can assist you with the forms.
Q: How quickly can I get protection? A: A temporary restraining order can be issued the same day you file or the next business day. This provides immediate protection until your full court hearing.
Q: What if the restrained person violates the order? A: Call the police immediately. Violating a restraining order is a crime and can result in arrest and criminal charges.
Q: Can I include my children in the restraining order? A: Yes, children can be listed as protected persons. You can also request orders regarding child custody and visitation.
Q: What if I need to change the restraining order? A: File Form DV-130 (Restraining Order After Hearing) with your requested changes and a Form DV-125 (Request for Order) explaining why changes are needed.
Q: Can I get a restraining order if I’m undocumented? A: Yes. California courts issue restraining orders regardless of immigration status. Your status should not affect your ability to obtain protection.
Did You Know?
- Domestic violence restraining orders in California can include protection for pets. The court can order the restrained party to stay away from your animals and give you sole possession of a pet.
- If you need to prevent child abduction, you can request special orders as part of your restraining order. Form DV-108 (Request for Order: No Travel with Children) addresses these concerns.
- California courts offer interpreters for restraining order hearings at no cost if English is not your first language.
- Some court locations have domestic violence clinics where volunteers can help you complete the necessary forms correctly.
- If you move to another state, your California restraining order remains valid and enforceable under federal law.
- Electronic service (serving documents by email) is not permitted for initial restraining order paperwork. Personal service is required to ensure the restrained party receives proper notice.
- California Code of Civil Procedure Section 527.6 governs civil harassment restraining orders, while Family Law Code Section 6200-6389 covers domestic violence restraining orders.
Conclusion
Navigating the restraining order form process in California requires attention to detail and proper documentation. As a protected party, understanding which forms to complete and how to properly file them can make a significant difference in securing the legal protection you need.
If you’re facing a situation that requires a restraining order, consider reaching out to local domestic violence organizations, legal aid services, or your local court’s self-help center for assistance. These resources can provide invaluable guidance through what can be a complex and emotional process.
Remember that restraining orders are serious legal tools designed to provide safety and peace of mind. By following the proper procedures and completing all required documentation, you increase your chances of obtaining the protection you need.
- A.S.
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