Domestic violence shelters also have legal assistance and resources available to help you choose the right restraining order to meet your needs and make sure you’ve filled out the forms correctly.
State law requires a judge or court commissioner to be available 24 hours a day, seven days a week to issue these orders. To qualify for an EPO, there must be reasonable facts that show the person you want to restrain poses an immediate threat of domestic violence to you or your children.
Civil harassment restraining orders are the most common. They can be issued by proving any type of violence against you, or a credible threat of violence. You also may be eligible for a civil harassment restraining order if the person is repeatedly annoying, harassing, or stalking you. Domestic violence restraining orders are issued when you are being abused or threatened by someone who is closely related to you, such as a brother or a grandparent, or by someone with whom you have (or used to have) a romantic relationship. If an elderly person is being threatened or physically abused, she may qualify for an elder abuse restraining order. This order also may be issued in cases of financial abuse, abandonment, deprivation, or neglect of an elderly person by someone who was supposed to be taking care of them. The fourth type of restraining order, a workplace violence restraining order, can only be requested by your employer on your behalf. This order protects you if you’re being stalked or harassed at your workplace.
You might consider consulting an attorney if you’re unsure what type of restraining order you need. If you’re concerned about the cost of attorney’s fees, you may be able to find free or reduced-fee services by contacting a family law self-help center at any nearby courthouse or by speaking with someone at a domestic violence or other women’s shelter. In some situations, for example, you can bypass the temporary restraining order process and simply request a permanent restraining order. An attorney may be best suited to tell you if this applies to you.
In addition to directing the person to stay a certain distance away from you or not contact you, a restraining order also may require the person to pay child support or participate in counseling. If you’re seeking a restraining order against the parent of your child, you also can have custody temporarily established through a restraining order. Basic forms include the request for a restraining order, the notice of court hearing, and the temporary restraining order. You also can fill out additional pages as necessary to describe the person’s actions. [4] X Research source Depending on the issues in your case, you may need other forms. For example, if you have children and want child support payments included in the order, you also must fill out an income and expense declaration and a simplified financial statement. [5] X Research source Keep in mind that you’ll be sending a copy of your request to the person you want restrained, so he will be able to read everything you write in your forms. If you don’t want that person to know where you live, you can use a state program called Safe at Home, which provides you with a secure address to use on court documents. [6] X Research source
You also may be able to get help from the court’s family law facilitator. Even if they cannot assist you with your restraining order forms, they should be able to assist you with any child custody and visitation or child support forms you need. [8] X Research source You can find courthouses that provide assistance completing forms by visiting http://www. lacourt. org/selfhelp/abuseandharassment/pdf/DomesticViolenceRestrainingOrderLocations. pdf.
The California courts recommend making five copies. The court will keep your original forms. In addition, you’ll need at least one copy for your own records and one for the person you want restrained. The other three copies are for any people other than yourself for whom you’re requesting protection. [9] X Research source
In most cases, you won’t have to pay a fee to file your request for a restraining order. For example, there is never a fee for a domestic violence restraining order. [11] X Research source However, you may have to pay a fee if you’re requesting a civil harassment restraining order and stalking, violence, or threats of violence are not part of your claims. [12] X Research source If you do have to pay a filing fee and can’t afford it, you can ask the clerk for a fee waiver application. You will have to provide information about your income and assets so the court can determine if you qualify for a waiver. [13] X Research source Sometimes the judge will want to speak to you when you file your forms, so make sure you’re dressed in clean, conservative clothing as though you were appearing in court. Address the judge and all other court staff with courtesy and respect. Temporary restraining orders are available through the Superior Court of California for the County of Los Angeles. If someone violates a restraining order, those charges are dealt with by the criminal courts. However, restraining orders in Los Angeles are issued by civil family law courts. There are 14 courthouses in Los Angeles County that hear civil cases including requests for restraining orders. You can find the courthouse nearest you by visiting http://www. lacourt. org/courthouse.
Your temporary restraining order typically lasts less than one month, or until the date of your hearing for a permanent restraining order. Temporary orders cannot be renewed. If you want the temporary order extended, you must appear at your hearing and get a permanent restraining order. [14] X Research source
You should keep one copy on your person at all times, and another copy in a safe place. In addition, give copies to security officers or administrators at your school, your workplace, or anywhere else the person has been ordered not to go. [15] X Research source Restraining orders also are entered into a state database so the information is available to law enforcement officers throughout the state. [16] X Research source
You can have the person served by having the temporary restraining order delivered to him along with a copy of your request and the notice of hearing. [17] X Research source The judge will write a deadline on your papers, which will depend on when your hearing is scheduled. You must have the restrained person served by that date. [18] X Research source Any person other than yourself can deliver these papers to the person. You also may have a sheriff’s deputy serve the papers. In some cases, you can get a law enforcement officer to serve your papers for you for free. Otherwise you’ll have to pay a fee. The clerk will be able to tell you if a fee is required in your situation. [19] X Research source
Make five copies of the proof of service, then file the original and copies with the clerk of court before your hearing. You must bring at least one file-stamped copy with you to your permanent order hearing. [20] X Research source The court cannot make your temporary order permanent until there is proof that the restrained person was legally served and had adequate notice of the permanent order hearing. [21] X Research source If you are unable to have the restrained person served by the deadline, you can ask the judge to set a new court date and extend your temporary restraining order so you have more time to complete service. [22] X Research source
If other people have seen the restrained person’s abuse or harassment, you can bring those people with you to testify on your behalf about the person’s conduct. [23] X Research source You also may have witnesses to testify as to how the restrained person made you feel, or about the fact that you are threatened and frightened. [24] X Research source If you have any documents you intend to use as evidence, such as threatening voice mail messages or emails, make copies of those that you can bring with you to the courthouse. Since you typically won’t be allowed to bring your cell phone into the courtroom, if you have anything saved on your phone you should make physical copies. Other documents that might help prove the abusive or threatening conduct include photos, damaged property, and medical or police reports. [25] X Research source You also need to bring at least one copy of every document you’ve filed in your case along with you. Organize and label your documents so you can find what you need quickly without disrupting the court. [26] X Research source
Most restraining order hearings take place in the Stanley Mosk Courthouse, located at 111 North Hill Street in downtown Los Angeles. At your permanent order hearing, you have the opportunity to present your case to the judge. The person you want the court to restrain will be able to present his case as well. Both you and the other person can call witnesses or submit evidence. If the other person has witnesses, you will be allowed to cross-examine them. Any witnesses you bring with you will be subject to cross-examination as well.
The judge may make her decision immediately after hearing both sides present, or may decide to review the evidence submitted again before issuing her final decision in writing. Typically the restraining order will prohibit the restrained person from having any contact with you or coming within a certain distances of your home, school, or workplace. Your permanent order may last between one and five years, and can be renewed.
