DOMESTIC VIOLENCE RESTRAINING ORDERS

Call your local police department. IF THE ABUSE IS LIFE THREATENING, CALL 911. The police can issue an Emergency Protective Order to protect you.

Abuse means to intentionally or recklessly cause or attempt to cause bodily injury to you; or sexually assault you; or to place you or another person in reasonable fear of imminent serious bodily injury; or to molest, attack, hit, stalk, threaten, batter, harass, telephone, or contact you; or to disturb your peace; or destroy your personal property. Abuse can be spoken, written, or physical.

There are several agencies that can provide you with help in getting a Restraining Order, counseling and treatment options, shelter information as well as other legal assistance. Here are a few:

• Restraining Order:
• Domestic Violence Assistance Program Office located in room C611, 6th floor, at the Superior Court of Orange County, Lamoreaux Justice Center
• 341 The City Drive S.
  Orange, CA 92868
• (714) 935-7956
• National Domestic Violence Hotline:
• (800) 799-7233
• Anaheim Family Justice Center: Offers comprehensive services
• 150 W. Vermont Ave.
  Anaheim, CA 92805
• (714) 765-1645
• http://www.anaheimfamilyjusticecenter.org
• Mariposa Women and Family Center: Counseling and support
• 812 W. Town and Country Rd.
  Orange, Ca 92868-4712
• (714) 547-6494
• http://www.mariposacenter.org
• Vietnamese Community of Orange County, Inc.:
  
• Little Saigon Economic, Cultural and Social Services
  Domestic Violence Counseling
• 14541 Brookhurst, Suite C-9
  Westminster, CA 92683
  
• (714) 839-4441
  
• http://www.thevncoc.org/branch.html#domestic
• Legal Assistance:
• Legal Aid Society of Orange County: (714) 571-5200
• Public Law Center: (714) 541-1010
• Orange County Bar Association: (949) 440-6747
• Shelters:
• Human Options: (877) 854-3594
• Laura’s House: (949) 498-1511
• The Sheepfold: (877) 743-3736
• Women’s Transitional Living Center: (714) 992-1931
• Interval House: (562) 594-4555

• Married, divorced, separated, registered domestic partnership, have a child together, dating or used to date, live together or used to live together; or
• You are related within the second degree of affinity or consanguinity. This means: mother or mother-in-law, father or father-in-law, child or stepchild or legally adopted child, grandparent or grandparent-in-law, grandchild or grandchild-in-law, sister or sister-in-law, brother or brother-in-law, stepparent, daughter-in-law or son-in-law. The in-law must be through a current marriage.

IMPORTANT: You can also ask that other family or household members be protected by the Restraining Order.

The person seeking protection is called the protected person. The person you want protection from is called the restrained person.

If there is a divorce, legal separation, or paternity case on file with the Superior Court of California, County of Orange, you do not need to open a Domestic Violence case. You should file your request for restraining orders in the related family law case.

• Civil Harassment Restraining Order (disputes with neighbors, roommates, co-worker, etc.)
• Dependent Adult or Elder Abuse Restraining Order
• Workplace Violence Restraining Order (must be requested by employer)
• Private Postsecondary School Violence Prevention Restraining Order

• Can a Domestic Violence Restraining Order Help Me? (DV-500-INFO)
• Can the Law Help Protect Me From Domestic Violence?

• Not to contact or go near you, your children, other relatives, or others who live with you
• Not to have a gun or ammunition
• To Move out of your house
• Obey child custody and visitation orders
• Pay child and/or spousal support
• Obey orders about property

Violation of a restraining order is a crime.

It is not uncommon for a protected person to have more than one order. A person may ask for a restraining order in Family Law or Civil even when there is a Criminal Restraining Order. A Criminal Protective Order can expire for reasons beyond your control. An order issued in Family Law or Civil will not expire early unless it is ordered to expire by the judge after a hearing.

A Criminal Protective Order, however, always has priority over any other type of restraining order. That means if the criminal order is different from another restraining order, it will supersede any other orders as the primary order that must be obeyed. For example, if the Family Law Order allows contact and the Criminal Order states "no contact" the parties are not allowed to have contact.

If the restrained person lives or the alleged harassment or abuse took place in Orange County, the request for a Domestic Violence Restraining Order is filed in the Superior Court of Orange County at the Lamoreaux Justice Center (Family Law Clerk’s Office, 7th Floor), 341 The City Drive, Orange, CA 92868.

Court hours are 8:00am-4:00pm, Monday-Friday. You can also ask for an immediate Temporary Restraining Order on the same day if your papers are completed correctly and filed with the Family Law Clerk’s Office before 4:00pm. A Temporary Restraining Order protects you until the hearing date.

Read How Do I Ask For a Temporary Restraining Order? (DV-505-INFO). The Domestic Violence Assistance Program Office will help you with selecting the right forms and completing them.

• Request for Order (DV-100)
• Description of Abuse (DV-101)
• Temporary Restraining Order (DV-110)
• Notice of Court Hearing (DV-109)
• Confidential CLETS Information (CLETS-001)
• Declaration Re: Notice of Ex Parte Application (L-1124)
• Family Law Notice Re: Related Case (L-1120)

• Request for Child Custody and Visitation Orders (DV-105)
• Child Custody and Visitation Order (DV-140)
• Request for Order: No Travel with Children (DV-108)
• Order: No Travel with Children (DV-145)
• Supervised Visitation and Exchange Order (DV-150)

• Income and Expense Declaration (FL-150), or
• Financial Statement (FL-155)

• Online by clicking on the forms above
• Information forms are available in Chinese, Korean, Spanish or Vietnamese.
• NOTE: All forms must be filed in English.
• Get help in person with how to file a Restraining Order at the Domestic Violence Assistance Program Office-see above.

You are entitled to free service by the Orange County Sheriff. Complete the Sheriff Instruction form (OCSD1). The clerk will forward the documents to the Sheriff if requested.

The documents may also by a licensed process server or by any person over 18 and not involved in the case. You can learn more about serving the documents by reading the form What is Proof of Personal Service? (DV-200-INFO). The server must prove to the court that the documents were served on the person that you want restrained by filing with the court a Proof of Personal Service (DV-200) before the hearing date.

Refer to section 5 of the conformed copy signed by the judge of the "Notice of Hearing (DV-109)" form to determine what forms must be served on the restrained person and the date they must be served by.

If item 4 (a)(2) or 4 (a)(3) is checked on the conformed copy signed by the judge on the Notice of Court Hearing (DV-109) form, the judge has denied some or all of the temporary orders you requested until the court hearing. The judge may make the orders you want after the court hearing. You can keep the hearing date, or you can cancel your request for orders so there is no court hearing.

If you want to cancel the hearing, fill out a Waiver of Hearing on Denied Request for Temporary Restraining Order (DV-112) and file it with the court as soon as possible. If you cancel the hearing, do not serve the documents on the other person. You may file a new request for orders, on the same or different facts, at a later time.

• Pages two and three of the Get Ready for the Court Hearing (DV-520-INFO) and
• How to Enforce Your Restraining Order (DV-530-INFO)

• If the restrained person was at the hearing you may have him or her served by someone over the age of 18 with a copy of the Restraining Order After Hearing by mail.
• If the restrained person was NOT at the hearing, and the judge’s orders are the SAME as the the temporary order, you may have him or her served by someone over the age of 18 with a copy of the Restraining Order after Hearing by mail.
• The server must complete a Proof of Service by Mail (DV-250).
• File the Proof of Service by Mail with the court as soon as possible.
• If the restrained person was not at the hearing, and the judge’s orders are different from the temporary order, you must have someone over the age of 18 serve the Restraining Order after Hearing in PERSON, not by mail.
• The server must complete a Proof of Personal Service (DV-200).
• File the Proof of Personal Service with the court as soon as possible.
• Or, you are entitled to free service by the Orange County Sheriff. Complete the Sheriff Instruction form (OCSD2). The clerk will forward the documents to the Sheriff if requested.

KEEP A CERTIFIED COPY OF THE RESTRAINING ORDER WITH YOU AT ALL TIMES in case you need to show it to a Law Enforcement Officer.

The protected person should always carry a certified copy of the Restraining Order. If the restrained person violates the order, call the police or 911 if it is life threatening. The police will decide what action to take. The restrained person may be arrested and criminal charges may be filed.

• You are entitled to free service by the Orange County Sheriff. Complete the Sheriff Instruction form (OCSD2). The clerk will forward the documents to the Sheriff if requested.
• Or, have someone at least 18 years old personally serve the retrained person with a copy of the forms listed in section 9 of the form called How Do I Ask the Court to Renew My Restraining Order? (DV-700-INFO).
• For more information on service, read the form called What is Proof of Personal Service? (DV-200-INFO).
• The person who serves the documents must complete the Proof of Personal Service (DV-200). This document must be filed with the court at least 2 days before your hearing.

The protected person can make a request to the court to extend (renew) a restraining order prior to the time in which it expires. You can agree or disagree with the request by filling out and filing with the court a form called Response to Request to Renew Restraining Order (DV-720).

Have someone at least 18 years old serve the protected person by mail with a copy of the Response. They must complete a Proof of Service by Mail (DV-250). Bring this form with you to the hearing.

The court will consider your Response at the hearing. You must continue to obey the current restraining order until the hearing. If you do not come to the hearing, the court may renew the order against you for up to 5 years or permanently.

You may wish to talk to a lawyer about your rights.

Only a judge can change or cancel a restraining order before its time limit has passed. If you wish to make this request, you will need to fill out a Request for Dismissal (CIV-110) and file it with the court. A hearing may be required.

The Domestic Violence Prevention Services Project (DVPSP) establishes within Family Court a unique model for the special handling of Domestic Violence Civil Restraining Orders when the parties have children in common. Increased and specialized judicial oversight and review are the cornerstones of this prevention based program.

The DVPSP program was developed and implemented by the Superior Court of Orange County in 1997 to address the serious issue of domestic violence and its impact on children and victims. Highly trained Court Investigators gather background information, including police reports, criminal and DVPSP histories, child abuse reports and witness statements regarding domestic violence. The Court Investigator interviews each parent separately and at separate times. Children of an appropriate age may be interviewed. The court receives a written report detailing the Court Investigator’s finding and any recommendations for the protection of the victim and the children during visitation or visitation exchanges.

An investigation is ordered by the court when a Temporary Restraining Order is requested by an individual. Only those cases in which there are children involved are eligible to participate. The DVPSP includes a specialized assessment and investigation provided at no cost to the family. It is not a criminal investigation. The information gathered helps the court determine who is the "primary aggressor" and provides recommendations for a safe parenting plan. All investigations are performed by trained, experienced court staff assigned to Family Court Services. All Domestic Violence Court Investigators are skilled professionals who have at least a Master’s Degree and extensive clinical experience in the fields of psychology, marriage, family and child counseling, or social work. They are trained in investigations, domestic violence assessment and conflict resolution.

The judge may order that the restrained person not own, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while a Restraining Order is in effect. If a restrained person violates this order, it can result in jail and/or $1,000.00 fine. The restrained person must sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that he/she has or control in accordance with the order of the court. If the court makes this order, the restrained person must comply and then file Proof of Firearms Turned In or Sold (DV-800). If the restrained person does not obey the court order, they can be charged with a crime. Read How Do I Turn In Or Sell My Firearms? (DV-800-INFO).

If you have a restraining order from another state, that order is valid in California. If you want your out-of-state restraining order to be entered into California’s restraining order computer system, you can register your order in California. It will then be available to law enforcement all over California so police officers can find out about your order in case you need to call them.

• Must be valid and in full force and effect.
• Must have not been changed, canceled, or replace by any other order.
• Must have made in a state other than California, or in a U.S. territory, Indian tribal court, the District of Columbia, Puerto Rico, U.S. Virginia Island, or in a military court.

• Obtain a certified copy of the restraining order that you want to register in California.
• Fill out the Order to Register Out-of State or Tribal Court Protective/Restraining Order (CLETS) (DV-600).
• File the above forms at the Superior Court of Orange County, Lamoreaux Justice Center (Family Law Clerk’s Office, 7th floor), 341 The City Drive, Orange, CA 92868. There is no fee to file the documents.

The clerk will provide you with a certified copy of the California Order and Out-of-State Order and arrange for the Orders to be entered into California’s restraining order computer system.

KEEP A CERTIFIED COPY OF THIS ORDER WITH YOU AT ALL TIMES in case you need to show it to a Law Enforcement Officer.

• Domestic Violence Assistance Center located at the Lamoreaux Justice Center (petitioner/protected person only)
• Court staff in the Self-Help Centers
• Court staff located in the Family Law Clerk’s office at the Lamoreaux Justice Center
• California Courts Self-Help website on Domestic Violence
• Superior Court of Orange County Self-Help Resources and Attorney Referral
• National Domestic Violence Hotline 1-800-799-7233
• National Sexual Assault Hotline 1-800-656-4673
• State Bar of California Domestic Violence Information
• Orange County District Attorney-Domestic Violence Information