INFORMATION ABOUT APPLYING FOR RESTRAINING ORDERS
What is a restraining order?
There are three types of Domestic Violence restraining
Emergency Protective Orders (EPO's)
issued by a judicial officer from a telephone request placed
by a police officer
there is no future court hearing
automatically expires the earlier of 5 court days or 7 calendar
days after being issued
intended to last only long enough to allow the protected
person to go to court for more permanent orders
Temporary Restraining Orders
Emergency court orders that a judicial officer issues on
an in-court, ex-parte application (i.e., with 24 hours telephone notice
to the restrained party or no notice if the court excuses it)
based on statements of immediate serious harm signed by the
protected person under penalty of perjury
Lasts approximately 3 weeks, until the date of the Order
to Show Cause (OSC) hearing.
May include: stay away orders, restraint on the batterer’s
conduct, residence exclusion orders, child custody and visitation orders,
an order preventing either party from removing the child from the State
of California and other enabling orders.
Enforceable when issued. However, the police will not
arrest the restrained party for violation of the order until after a proof
of service has been filed or after the restrained party, having been informed
of the TRO by an officer, refuses to obey the order.
Restraining Orders After Hearing
Where can you
Court orders issued by a judicial officer after an Order
to Show Cause (OSC) hearing (the 21-day hearing), and are sometimes referred
to as “permanent orders.”
The Restraining Orders after Hearing may include restraint
on personal conduct, stay away orders, and residence exclusion which may
remain effective for up to 3 years
Upon noticed motion may be extended for 3 more years or permanently
without a showing of new abuse.
May include orders for custody and visitation of minor children,
child support, psychological counseling, use and control of jointly owned
property (only for a marriage), gun relinquishment, attorney fees, restitution
and an array of enabling orders.
Orders concerning custody and support of minor children are
enforceable until the minor reaches 18, dies, is married or otherwise emancipated,
or as extended until 19 or high school graduation, if a full time high
school student who is not self supporting, whichever occurs first, or until
further order of the court. (Custody orders from a DV restraining order
may be replaced by future orders in a divorce or paternity proceeding.)
The orders are enforceable when issued.
If the restrained party was present in court, no further
service is required.
However, if the restrained party was not present in court
on the day of the "21-day hearing," the district attorney cannot prosecute
the restrained person for future violations of the order unless a proof
of service has been filed establishing that the restrained person has been
served with a copy of the permanent order issued by the court after the
hearing. Therefore, the protected person should be sure to have a copy
of the permanent order served as soon as possible after the hearing.
BASED RESTRAINING ORDER CLINICS
NOTE: PLEASE BE ADVISED THAT THIS MATERIAL IS NOT INTENDED
TO PROVIDE A COMPLETE EXPLANATION OF HOW TO OBTAIN RESTRAINING ORDERS,
BUT OFFER AN OVERVIEW TO HELP YOU BETTER PREPARE YOURSELF TO OBTAIN ORDERS
THROUGH COURTHOUSE BASED CLINICS OR OTHER LEGAL PROFESSIONALS. See
Court Based Restraining Order Clinics:
hours and locations and Low
Cost or Free Legal Services Referrals