Which restraining order request form do I use?

The forms are located on the California Court website: www.courts.ca.gov/forms.htm

• 1. Domestic Violence (DV) -- see FC §6211 -- is abuse perpetrated against:

     1. • spouse or former spouse

        • cohabitant or former cohabitant

        • past or present dating or engagement relationship

        • person with whom the respondent has had a child

        • a child of a party

        • person related by consanguinity (blood) or affinity (marriage) or adoption within the second degree

  2. Civil Harassment (CH): non-DV, non-EA, non-WV, non-SV, or non-GV -- see CCP §527.6

  3. Elder Abuse (EA) or Dependent Adult Abuse:. P is:

     1. • Dependent adult: any person between the ages of 18 and 64 years who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights -- see W&I §15610.23

        • Elder: 65 years of age or older -- see W&I §15610.27

  4. Workplace Violence (WV): P is the employer filing for employees -- see CCP §527.8

  5. School Violence (SV): -- see CCP §527.85. P is:

     1. • any chief administrative officer (principal, president, or highest ranking official) of a postsecondary educational institution

        • an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility

  6. Gun Violence (GV): -- see PC §18170. P is:

     1. • immediate family member of R (i.e., any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household)

        • law enforcement officer

On what conduct can the court grant a DVRO?

Domestic violence: The court can grant a DVRO if the court finds, with reasonable proof of a past act or acts of abuse (as per FC §6300), that R intentionally or recklessly caused or attempted to cause bodily injury, sexual assault, or placed P in reasonable apprehension of imminent serious bodily injury, as per FC §6203. The court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children, as per FC §6340.

On what conduct can the court grant a CHRO?

Civil harassment: The court can order a restraining order, as per CCP §527.6, if harassment is present by R against P as follows: unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to P.

On what conduct can the court grant an EARO?

Elder Abuse: The court can order a restraining order, as per WIC §15657.03, for P if there is physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering (see WIC §15610.07).

On what conduct can the court grant a WVRO?

Workplace violence: The court can order a restraining order, as per CCP §527.8, for any employer whose employees have suffered unlawful violence (assault, battery, or stalking) or a credible threat of violence (knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose) from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace.

On what conduct can the court grant a SVRO?

School violence: The court can order a restraining order, as per CCP §527.85, if a student has suffered a credible threat of violence (knowing and willful statement or course of conduct (following or stalking a student to or from school, entering the school campus or facility, following a student during school hours, making telephone calls to a student, sending correspondence to a student by any means) that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose), which can reasonably be construed to be carried out or to have been carried out at the school campus or facility.

On what conduct can the court grant a GVRO?

Gun violence: The court can order a restraining order, as per PC §18100, to prohibit R from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition.

Where do I find California statutes?

leginfo.legislature.ca.gov

How young can the Petitioner be?

A minor 12 years of age or older may appear in court without a guardian, counsel, or guardian ad litem, for the purpose of requesting or opposing a request for a restraining order, as per CCP §372 (b).

Can the court grant a request for payments?

Domestic violence cases only: The court can grant the petitioner’s request for Payments for Costs and Services, for the loss of earnings and out-of-pocket expenses, that P incurred as a direct result of the abuse inflicted by R, as per FC §6342.

Can I get copies of the police report?

As per FC §6228, state and local law enforcement agencies shall provide, without charging a fee, one copy of all domestic violence incident report face sheets, one copy of all domestic violence incident reports, or both, to a victim of domestic violence, or to his or her representative, upon request.

When is the hearing date set?

• 1. Domestic violence: As per FC §6320.5(b), the hearing must be set not later than 21 days or, if good cause appears to the court, 25 days from the date of the temporary order.

  2. Civil harassment: As per CCP §527.6(f), the hearing must be set not later than 21 days or, if good cause appears to the court, 25 days from the date of the temporary order.

  3. Elder abuse: As per WIC §15657.03(f), the hearing must be set not later than 21 days or, if good cause appears to the court, 25 days from the date of the temporary order.

  4. Workplace violence: As per CCP §527.8(g), the hearing must be set not later than 21 days or, if good cause appears to the court, 25 days from the date of the temporary order.

  5. School violence: As per CCP §527.85(g), the hearing must be set not later than 21 days or, if good cause appears to the court, 25 days from the date of the temporary order.

  6. Gun violence: As per PC §18165, the hearing must be set within 21 days after the date on the temporary order.

What happens to my paperwork once I file it with the clerk?

The request is submitted to the court, and the Temporary Restraining Order (TRO) request is sent to a judge for signature. The judge can either grant, deny, or partially deny the TRO request.

If the TRO is granted, the TRO is delivered to the CLETS (California Law Enforcement Telecommunications System) to notify law enforcement.

The clerk sets the hearing date. At the hearing, the judge either grants or denies the restraining order, or sets an evidentiary hearing.

If children are involved, the parties may be referred to an investigation, assessment, psychological evaluation, co-parenting counseling, or mediation with a Child Custody Recommending Counselor (CCRC). The parties must attend an orientation prior to mediation to assist parents to better understand their children’s point of view, to learn new ways to help their children through parental separation, to acquire new skills in interacting with their children and the other parent, to reduce acrimony between family members and to help parents identify when their children may be in need of further assistance in coping with parental separation.

Is there anything else that I need to do other than file the documents at the clerk’s window?

Yes, prior to the hearing, call the court to see if the proof of service is filed. If not, contact the process server for a copy to bring to your hearing (without it, the hearing cannot proceed). If the restrained party was not served, then go to the courthouse prior to the hearing to file a Request to Continue the hearing form to have the hearing date continued or go to your hearing to request the continuation.

Can a support person be present at the hearing?

Yes, for domestic violence cases, as per FC §6303, it is the function of a support person to provide moral and emotional support for a person who alleges he or she is a victim of domestic violence. The person who alleges that he or she is a victim of domestic violence may select any individual to act as a support person. No certification, training, or other special qualification is required for an individual to act as a support person. The support person shall assist the person in feeling more confident that he or she will not be injured or threatened by the other party during the proceedings where the person and the other party must be present in close proximity. The support person is not present as a legal adviser and shall not give legal advice.

For elder abuse/dependent adult cases, as per W&I §15657.03(j), the support person is present to provide moral and emotional support for a person who alleges to be a victim of abuse. The support person is not present as a legal adviser and may not provide legal advice. The support person may assist the person who alleges to be a victim of abuse in feeling more confident that the alleged abuse victim will not be injured or threatened by the other party during the proceedings if the person who alleges to be a victim of abuse and the other party are required to be present in close proximity. This does not preclude the court from exercising its discretion to remove the support person from the courtroom if the court believes the support person is prompting, swaying, or influencing the party assisted by the support person.

For civil harassment cases, as per CCP §527.6(l), the support person is present to provide moral and emotional support for a person who alleges he or she is a victim of violence. The support person is not present as a legal adviser and may not provide legal advice. The support person may assist the person who alleges he or she is a victim of violence in feeling more confident that he or she will not be injured or threatened by the other party during the proceedings if the person who alleges he or she is a victim of violence and the other party are required to be present in close proximity. This does not preclude the court from exercising its discretion to remove the support person from the courtroom if the court believes the support person is prompting, swaying, or influencing the party assisted by the support person.

Are there resources for assistance with divorce, child custody, and visitation?

The Self-Help Center (www.courts.ca.gov/selfhelp.htm) at the courthouse can provide assistance with any family-law matter. The State Bar of California (calbar.org), Lawyer Referral Service, can provide a referral for a lawyer.

Can the court make custody orders in a DV case?

Yes, as per FC §6323, but the parties must show proof of paternity. And the custody orders do not expire when the restraining order expires, as per FC §6345.

Can the respondent be ordered to take a batterer's class?

Only in domestic violence cases, the court can order the respondent, as per FC §6343, to participate in a batterer's program approved by the probation department as provided in PC §1203.097.

How can I find out if there are any outstanding criminal or civil cases?

Either look on the court's website or go into the courthouse to see criminal or civil cases.

What's the difference between a criminal restraining order and a civil restraining order?

• • Emergency Protective Order (EPO): issued by judge to law enforcement in the field, with limited duration.

  • Criminal Protective Order (CPO): issued by a judge in criminal court, through a case referred to the district attorney by law enforcement.

  • Temporary Restraining Order (TRO): issued by a judge to a petitioner in civil court, valid until the hearing.

  • Restraining Order After Hearing (ROAH): issued by a judge in civil court, through a case brought by the petitioner.

What if the respondent does not show up for the hearing?

If the respondent has been properly served, and does not appear for the hearing, the court hearing will proceed with the hearing as long as the proof of service has been filed with the court. The petitioner still needs to present the evidence to the judge to support the request for a restraining order.

When can I renew the restraining order?

• Domestic violence: As per FC §6345(a),  the restraining order may be renewed, upon the request of a party, either for five or more years, or permanently, at the discretion of the court, without a showing of further abuse since the issuance of the original order. Renewals and subsequent renewals shall be subject to termination, modification, or subsequent renewal by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the orders.

• Civil harassment: As per CCP §527.6(j), the restraining order may be renewed, upon the request of a party, for a duration of no more than five additional years, without a showing of any further harassment since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. A request for renewal may be brought any time within the three months before the order expires.

• Elder abuse: As per WIC §15657.03(i), the restraining order may be renewed upon the request of a party, either for five years or permanently, without a showing of any further abuse since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.

• Workplace violence: As per CCP §527.8(k), the restraining order may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.

• School violence: As per CCP §527.85(k), the restraining order may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further violence or threats of violence since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the order.

• Gun violence: As per PC §18190, a court may, after notice and a hearing, renew a gun violence restraining order if the petitioner proves, by clear and convincing evidence, that 1) the respondent poses a significant danger of causing personal injury to themselves or another by having in their custody or control, owning, purchasing, possessing, or receiving a firearm, ammunition, or magazine and 2) a gun violence restraining order is necessary to prevent personal injury to the subject of the petition, or the person subject to an ex parte gun violence restraining order. The renewal of a gun violence restraining order shall have a duration of between one to five years. The request for renewal may be brought at any time within the three months before the expiration of a gun violence restraining order.

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