Resolution overview video
A domestic violence restraining order is a court order that protects you from someone you had a close relationship with who may be physically, sexually, or verbally abusing you. You can add instructions telling this person to keep a certain distance from you and what not to do with you. These orders provide for the separation of the persons involved. If you apply to the court for a domestic violence restraining order, be prepared not to see or speak to the detained person.
emergency protection order
If a corrections officer believes there is a risk of domestic violence, child abuse, kidnapping or elder abuse, the officer will contact a judge to request that an emergency protection order be issued. This usually happens after the police have been called to a person's home due to a disturbance.
This type of protective order is temporary and only provides protection for a few days. The protected person must go to court before the EPO expires to apply for a permanent restraining order to remain protected.
Who can apply for a domestic violence restraining order?
You can apply for a precautionary measure for domestic violence if you are the victim of any of the following situations:
- Actual physical violence such as teasing, attacking, hitting, hitting;
- sexual assault;
- A serious threat of violence
- Annoying and irritating phone calls;
- Destruction of personal property.
One of the following is true:
- You are married to the other person or were once married.
- Has or has been in a dating relationship with the other party.
- You and the other party have one or more children together.
- You are related by blood, marriage or adoption (for example: mother, father, son, brother, sister, grandparents, father-in-law)
- You and the other party live or have lived together as members of a "family".
If divorce, separation, or paternity cases are filed in the Orange County Superior Court, you do not need to file a domestic violence case. You must submit your request for a temporary injunction in the relevant family case.
Important:There are different types of restraining orders. If you need someone's protection but do not meet the criteria listed above, you can obtain information about civil harassment injunctions using theCivil Harassment Form Pack, in the Civil Forms menu.
How do I apply for a domestic violence restraining order?
To apply for a domestic violence restraining order, you must complete the following forms and submit them to the court:
- Order Request (DV-100)
- Interim Restraining Order and Hearing Notice (DV-110)
- CLETS Confidential Information (DV-260)
- Statement of Associated Cases (L-1120)j
- Statement on: Ex Parte Application Notice (L-1124)
There are several other attachments in the Domestic Violence Form Pack that may apply to your specific situation. If you need help, you can contact the Domestic Violence Support Program office or visit our Self-Help Center to have your completed documents reviewed.
Domestic violence hearings are at 1:30 pm. daily. Before the judge can hear your case, you must give the other person at least four hours notice that you intend to get a restraining order against them. If you fail to notify, you must explain to the judge in your written statement why you did not, and the judge will determine whether another appointment is necessary to allow the other party to notify. .
What is the application fee for a domestic violence restraining order?
Submitting domestic violence forms is free.
How long does it take until I receive my order?
You will receive your claim the same day you appear in court if your paperwork is completed correctly and sent to the office by 4:30 pm. M. If you want someone to help you with the process, you must be in Family Court by 8:30 am. M. and proceed to the Domestic Violence Office on the sixth floor of the Lamoreaux Justice Center.
Can the restraining order include visitation, custody, and child support orders if we have children together?
If you have children with the other person, temporary or long-term custody, visitation, and child support requests may be included in the restraining order.
How do I notify the other party?
You can ask the sheriff of the county where the arrested person lives and works to send the documents to you free of charge. You can also have a copy of the documents given to a person over the age of 18 who is not protected by the order. This person must complete the formProof of Delivery Form (DV-200).
What if I can't comply with the restraining order in time for the court hearing?
You must attend the court hearing and inform the clerk or judge that you were unable to deliver the documents. You will receive a new court date and new documents that will extend your restraining orders and continue to protect you until the new date. You must submit this new form,Reissue of a restraining order (DV-125), along with the original documents you received.
How long is a domestic violence restraining order valid for?
Domestic violence restraining orders can last up to five years.
My restraining order is about to expire, I feel I still need protection, how can I extend the restraining order?
A protected person can apply to the court to extend an injunction, for a further five years or permanently, regardless of whether further violence or threats of violence have occurred. If an extension is required, you must submit a request before the original order expires. To do this, fill in the formRequest for Extension of Restraining Order (Form DV-700).
You can ask someone you know to deliver the papers to the marked person. The person delivering the papers must be over 18 and not a protected party to the Order.
They accused me of domestic violence and handed me the papers. How does it affect me?
If the court issues an injunction against you, the consequences can be serious:
- You will not be able to visit certain places or do certain things.
- You may have to move out of your apartment.
- This can affect your ability to see your children.
- You may not be able to own or buy a gun.
- If you disobey court orders, you can go to jail.
If you want the opportunity to tell your side of the story in court, you must prepare and file a response and appear in court on the scheduled date for your hearing.
Received an injunction from the court, but the detained person does not comply with it
judge's orders. What can I do?
As a protected person, you should always have a certified copy of the injunction with you. If the detained person is violating the order by using or threatening violence, you should call your local law enforcement agency. After the police officer or deputy sheriff reads the warrant to determine if there has been a violation, he or she will decide what action to take. The detained person may be arrested and criminal charges may be filed.
If the retained person violates provisions such as paying child support, the protected person may contact the Family Law Facilitator or the Department of Child Support Services for assistance.
The other party and I resolved our differences; Can I lift the restraining order?
Only a judge can change or suspend an injunction before the deadline has expired. If you wish to make this claim, you must complete the appropriate forms and submit them to the court for a judge to review the claim.