How to Apply for a Restraining Order

21 Mar

HOW TO APPLY FOR A DOMESTIC VIOLENCE RESTRAINING ORDER 

Obtaining a restraining order requires effort on your part!  You will need to visit the courthouse & police station several times to complete all of the necessary steps.  Missing any of these steps can be dangerous for you!  You should understand that the other party will receive notice of your request and will have an opportunity to appear in court.  Please, read the instructions carefully and check off each step as you go along:

I.  TEMPORARY RESTRAINING ORDER (LASTS UP TO 21 DAYS ONLY)

  1. FORMS:  Pick up a free application & instruction packet in Long Beach Courthouse, Room 205. If you hand write the forms, use black ink & write neatly.  If you need assistance, go to Legal Aid’s Domestic Violence Clinic in Room 40C (4th floor, back corner) of the Courthouse, Monday, Wednesday & Friday; intake at 9 a.m.   Note: Legal Aid can only help eligible clients – their staff will tell you if you are eligible for free legal assistance.
  2. FILING (1st time): When your forms are complete, go to Room 205, Window #4 (Clerk’s Office) to file the forms.
  3. COURTROOM:  The Clerk will send you either to Dept. A  (Room 41 on the 4th Floor) or Dept. N. (Room 24 on the 2nd Floor.)  In the courtroom, give your court file to the Bailiff and take a seat. The judge will determine if a temporary restraining order should be granted and may ask for additional information.  When the judge has signed your temporary restraining order, the Bailiff will notify you.
  4. FILING (2nd time) & COPIES: The Bailiff will instruct you to go to Room 205, Window #4 with the court file. Give all the papers to the Clerk, so that you can have your order entered.  Ask the Clerk for photocopies of the following papers (no charge):
    • Request for Order (DV-100) & any supporting dox  2 conformed copies (1 for you & 1 to serve)
    • Notice of Court Hearing (DV-109)    2 conformed copies (1 for you & 1 to serve)
    • Temporary Restraining Order (DV-110) ,if issued  2 conformed copies (1 for you & 1 to serve)
    • Order to Waive Court Fees and Costs,if obtained  1 conformed copy (for your own records)
    • The Long Beach Court Clerk will also make a complete copy & deliver directly to Long Beach Police Dept.

5.  SERVICE (1st time): Arrange for personal service on the restrained person.  The restrained person needs to receive copies of the: Request for Order (DV-100), any attached documents you filed with your request, Notice of Court Hearing (DV-109), Temporary Restraining Order (if issued) (DV-110),  and a blank Answer to Temporary Restraining Order (DV-120).

Either: Personal Service (a person you choose): Find someone who is willing to personally deliver the papers to the restrained person.  This could be a friend, relative, colleague or neighbor.  Note: 

    •  You CANNOT serve these papers yourself.
    • Ask someone over the age of 18 to serve them, in person.
    • Serve the restrained person as soon as possible, after your papers are filed.
    • The person who serves must hand over the papers to the restrained person & tell them it is a restraining order.
    • The papers cannot be left in a mailbox or with a friend.
    • If the restrained person drops the papers or refuses to accept them, leave the papers there.
    • The restrained person does not have to sign anything. 
    • After the restrained person is served, the person who serves the papers needs to fill out and sign the Proof of Service (DV-200, In Person, CLETS).  
Or:   Personal Service by the Sheriff: Take 1 copy of each document to the Sheriff’s office located on the 2nd Floor, Room 202 of the Long Beach Courthouse so that the Sheriff can serve the papers.  The Sheriff will mail you a Proof of Service after service is complete.

KEEP THE PROOF OF SERVICE IN A SAFE PLACE and be sure to bring it with you to court on the day of your hearing or the judge will not be able to issue a Restraining Order After Hearing. 

6.  POLICE (1st time): After the restrained person has been served with the temporary restraining order, you must take a copy of the completed Proof of Service form to the Police Department at 400 West Broadway, Long Beach, CA 90802 so that the police can register that the restrained person now has notice of the order.

If you have carefully followed steps 1-6, your temporary restraining order has been properly filed, served and registered with the police department.  HOWEVER, you must follow further procedures to ensure that you get a full restraining order and ongoing police protection. 

II.  ORDER AFTER HEARING (LASTS UP TO 5 YEARS)

7.  PREPARE COURT FORM: In your packet of forms, you have a court form called RESTRAINING ORDER AFTER HEARING (ORDER OF PROTECTION) (DV-130). This form should be filled out prior to the hearing.  If you need help with this form, prior to your hearing date, bring a copy of your temporary restraining order to Legal Aid’s Domestic Violence Clinic, Long Beach Courthouse, Room 40C, ANY Monday/Wednesday/Friday; intake at 9 a.m.  

8. SCHEDULED COURT HEARING: You MUST attend court on the day and at the time noted on your court order. Be there early, dress appropriately (like going to church or an interview) and be polite with all court staff.  Don’t forget your completed Proof of Service form & your prepared DV-130!!  What happens in Court?

A. If you do not appear in court for the hearing, you will no longer have a restraining order.

B.   If you do appear at the hearing with a valid Proof of Service, and if the restrained person chooses not to appear at the hearing, and if the facts support it, you will most likely get some type of restraining order.

C.  If you and the restrained person both show up at the hearing, the judge will ask questions of both of you.  Be sure to let the judge know why you still need the Court’s protection.  The judge may issue the order, depending on what both of you state in court.

D.   If there are children involved and both you and the restrained person appear in court for the hearing, the judge may require both of you to see the Court Conciliator (5th Floor, Room 503, (562) 491-6130) in order to resolve problems with child custody and visitation.

9.  FILING (3rd time): After the hearing, file the new order in Room 205 & get 2 copies.

10. SERVICE (2nd time):  If the restrained person did not appear in court, he/she must be served with the RESTRAINING ORDER AFTER HEARING (DV-130).  Probably, this will again require personal service (see #6 over.)  You will need another completed and signed Proof of Service form. 

11. FILING (4th time): You must file the original Proof of Service in Room 207 & get a copy.

12. POLICE (2nd time): You must take the RESTRAINING ORDER AFTER HEARING and a copy of the new Proof of Service (if required)  to the Police Department immediately so that your order will be entered in the California Law Enforcement computer system which enables the police to provide better protection for you!  Note: Your temporary restraining has expired so the police do not have records of a current order protecting you. Congratulations!!  If you have carefully completed steps 1-12, you should now have a valid restraining order, signed by a judge, filed with the court, served on the restrained person, and entered into the California Law Enforcement computer.  

Remember: 

  • You should carry a copy of your restraining order with you at all times.   
  • Also keep a copy in your home, car, workplace, child’s school/daycare/babysitter and anywhere else where you frequent.   
  • Focus on your safety at all times & call 911 for any emergency. 
  • Call any of the resources below for general questions relating to domestic violence. 

One Response to “How to Apply for a Restraining Order”

  1. Santy S April 24, 2012 at 8:49 pm #

    First off and most importantly, I strongly believe in the main cause of this page. I was educated about this topic by a friend and did some more research to decide what I believed.
    While I do support, a couple concepts delayed me to come to that conclusion. For the purpose of this post, I’m going to call a woman who was abused Sue and her abusive husband Allen.
    I was emotionally blocked by wondering how the family of someone who is killed would feel (regardless of the circumstances). Anyone who causes any type of abuse to another person should be punished, but not by death. Allen may have abused his Sue for years, but I can’t accept the idea of him “deserving” his death. I believe someone being convicted of murder and sentenced to however many years in jail brings justice to the family. Allen may not have been a “good man,” but he’s still someone’s son, brother, father, or friend.
    I then went on to assume that many of the Sues out there killed their partner in a moment where she felt her breaths were limited at the hands of her attacker. At this point, I have to morally accept that self-defense that results in murder is okay. No murder is something I want to have to justify. That is, however, the main hang up I had.
    I then went on to realize I was that I was looking at the gross concept of AB 593. I was thinking, “all people who killed their abuser should be freed.” I don’t believe that is what AB 593 is advocating, but rather a new chance for those incarcerated to present evidence again. I still can’t believe that every person deserves to be freed from jail or that they even have a case. If those imprisoned were found guilty before, assuming their lawyer presented the “self-defense” side to the jury, why would they be found not guilty now? I may have missed it, but is there limit that these people can have their trial reopened?
    I think it’s important to note that every case has it’s own substantial differences and that new evidence may have surfaced. I should add that, among other reasons, it may be cost effective to the state to have retrials and release those who deserve to be released rather than keeping them in jails.
    Morally I can’t accept anyone taking the life of someone, but that’s why this is such a big issue. It tests everything we believe in morally. It makes us not just look at the end product of a situation and really analyze it’s entirety. I had to keep reminding myself that cases that fall under AB593 are special cases that deserve extra attention and that is why I support this cause.

    Reply

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