How to get a restraining order
Emergencies
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If you are ever in immediate danger, call 911. In domestic
violence situations a law enforcement officer can issue an
Emergency Protective Order to protect you for 5 to 7 days until
you can apply at Family Court for a restraining order.
If you need emergency shelter, help with your restraining order, or
support at court, you can call
one of the following numbers, or view a list of community resources for
domestic violence:
for North County, call Support Network for Battered Women (650)
940-7855;
for Central County, call Next Door (408) 279-2962;
for East San Jose, you can call Next Door or the East San Jose
Community Law Project (408) 254-0444;
for South County, call Community Solutions at (408) 683-4118;
in Fremont, call S.A.V.E. (510) 794-6055;
for Santa Cruz, call Women's Crisis Support (408) 429-1478.
Restraining Orders
If you need to get a restraining order for domestic violence, threats of violence, stalking, or harassment, the following will describe the forms you need to file.
If you need help with your application for an restraining order, you can contact one of the shelters
or agencies listed above. Some of them can also provide you with someone to accompany you to
court. You can also call an attorney for legal advice or representationby looking in the telephone
book or our comm unity resources list, or calling Lawyer Referral.
Domestic Violence
You can get a domestic violence restraining order if two requirements are
satisfied.
Requirement 1
Do you have the following relationship with the
person you want this order against?
Spouse or ex-spouse.
Boyfriend or girlfriend (including same sex
relationships).
Ex-boyfriend or ex-girlfriend.
Roommate/cohabitor or former
Roommate/cohabitor.
Father or mother of your child.
Relative (parent, son, daughter, brother,
sister).
Requirement 2:
Has the other party
intentionally or recklessly done one or more of the following things?
Caused or attempted bodily injury to you, your child, or other household
member?
Sexually assaulted, or attempted to sexually assault, you, your child, or other
household member?
Made you, or another household or family member, afraid for physical or emotional
harm?
If you answered "no" to all of the criteria of Requirement 1, you cannot get a domestic violence
restraining order but you may still be able to get an Order Prohibiting Harassment as explained
below.
If you answered "yes" to a criterion of both Requirement 1 and domestic violence restraining order by following the instructions below.
Forms
The forms you need to file depend upon your circumstances and what you want to accomplish:
if you have an existing divorce case (even if the divorce is over), or you want to file for
divorce, or you want to change existing custody or visitation orders to protect your
child(ren), please use the Family Law Order to Show Cause forms;
if you do not want to file for divorce at this time, use the Domestic Violence
Prevention forms. When you use these forms, you can ask for child support, but you
cannot ask for spousal support;
if you are not married to the other parent, you need to file a Petition to Establish Parental
Relationship (a "parentage" action) at the same time so that custody
and visitation orders can be made for the protection of the children. If there is an existing
case with the District Attorney for child support, you may be able to use that case number
and join into that case (contact Family Court Clinic for information).
The Domestic Violence Prevention forms are available from the County Clerk, from Rose Printing Co.,
from this site, or from the Judicial Council's web site. They come with an instruction booklet that
shows you in detail how to fill out each line of the Application. Please refer to the instruction
booklet as you complete the forms. You may neatly print the information on the legal forms in blue
or black ink.
The steps you need to take to file the Domestic Violence Prevention forms
are described in How to prepare and file the DVPA forms below.
Take the completed Domestic Violence Prevention forms directly to the Document Examiner at the
Family Court. Your restraining order will be read by a Judge and granted or denied within 24
hours.
Civil Harassment
You need to file a completed Civil Harassment form to get a restraining order under the following
circumstances:
If you need to get a restraining order against someone who does not fit any of the
relationships mentioned above in Requirement 1 for violence, continuous threats of violence,
or stalking;
If you need to get a restraining order against someone who does not fit any of the
relationships described above in Requirement 1 and who is intentionally and
continuously harassing you.
If you are filing for Civil Harassment, you must describe more than one incident of harassment.
Give the completed form directly to the Document Examiner at the Family Court. Your restraining
order will be read by a Judge and granted or denied within 24 hours.
Workplace Violence
If you are an employer or work for a corporation where there has been violence or threat of violence
against employees, please use Workplace Violence forms. State statutes require that an attorney
represent a corporation.
Fees and Fee Waivers
There are no filing fees for Domestic Violence Prevention restraining orders. There are filing fees for some Family Law restraining orders, especially
if you file for a restraining order in conjunction with a divorce. However you can apply for a Waiver
of Court Fees if you have a very low income. There are filing fees for Civil Harassment restraining orders unless
there is violence, so be sure to clearly describe any violent acts you have suffered; there are no filing
fees for Civil Harassment restraining orders to protect against violence.
A filing fee is required for paternity but you may apply for a fee waiver.
Other things you should know...
Restraining Order. Keep a copy of the Order with you at all times and a copy at home.
Restitution. You can request restitution (payment for medical bills, lost wages, property damage,
legal fees for an attorney or paralegal, and reimbursement for cost of shelter services) in your
application.
Custody. Custody orders made under the Domestic Violence Protection Act
are only temporary. If you are married to the other parent, you must file for a Dissolution
(Divorce) or Legal Separation to get your permanent custody orders.
Visitation. Visitation orders for the restrained person must have specific dates, times, and places
for the exchange of the children.
If you did not attend the court hearing when the restraining order was granted, you can still apply
for contact with your children by filing an Order To Show Cause for
visitation. The Court can make in exception to restraining orders for peaceful contact for court ordered
visitation, or it can order supervised visitation. You should also check the court file to see if
you have been ordered to Family Court Services for mediation.
Child Support. If you want child support, you must fill out an Income and Expense Declaration or
Financial Statement, file it with your DVPA papers and have it served with a blank form for the
ther party.