If the judge issues a restraining order at the hearing, or any type of orders, you will have to prepare a written order for the judge to sign. In some courts, the clerk or other court staff will prepare this order. If so, make sure you review it very carefully to make sure it says exactly what the judge orders and the clerk did not leave anything out.
If there is a problem, tell the clerk right away. This form does NOT get filed. It is confidential. It is used so that your restraining order can be entered into a statewide computer system that lets the police know about your order. Give your Form CH to the clerk or the judge and the judge will sign it.
Make sure the clerk files it. The clerk will give you up to 5 copies. Your city or county may have legal aid agencies that help people ask for civil harassment restraining orders, but it usually depends on the type of abuse or harassment.
For example, if you have been sexually assaulted, you may be able to get help from legal aid or a domestic violence agency. Sometimes, these agencies will also help with stalking cases. And they may help in other situations. It is hard to know whether you will qualify for help without knowing the specific situation you are in. So, if you need a civil harassment restraining order, no matter why, first try to get help from your local legal aid agency.
If they cannot help you, they may be able to send you to someone who can. Click for help finding a legal aid agency in your area. Skip to main content Skip to topics menu Skip to topics menu.
Cancel Print. Advanced Search. Special Announcement Posted Thursday, March 26, Ask for a Restraining Order. Please note that websites you visit may be viewed by someone else later. Always clear your browsing history after searching the web.
Are You in Danger Now? Ask for a Restraining Order To ask for a civil harassment restraining order there are several steps you have to take.
But first make sure that: 1. You qualify for a civil harassment restraining order. You qualify if: The person you want to restrain has stalked, harassed, sexually assaulted, or threatened you with violence; and The person you want to restrain is your: neighbor, roommate, friend, family member more than 2 degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more distant relatives, or another person you are not closely related to.
STEP 2. In general, you have to follow these steps: 1. If the judge made any changes to the orders you asked for in your request. The court hearing is also the date your temporary order runs out. If you want to extend it, you must go to your hearing to get a permanent order. You may have to pay a filing fee when you file your restraining order request.
If in your request, you claim that there has been stalking, violence, or threats of violence, you probably will NOT have to pay a fee.
In other cases, you may have to. If you cannot afford the fees, you can ask for a fee waiver. Click here to find out how to ask for a fee waiver. If you do not speak English well, ask the clerk for an interpreter for your hearing date.
If a court interpreter is not available, bring someone to interpret for you. Do not ask a child, a protected person, or a witness to interpret for you. Click to find out more about court interpreters. If you are deaf, hard-of-hearing, or have another disability, ask for an interpreter or other accommodation. Get more information for persons with disabilities and a form to ask for an accommodation. Distribute your copies of the temporary restraining order, if it was granted Keep 1 copy with you, always.
You may need to show it to the police. Keep another copy in a safe place. Give a copy to anyone else protected by the order. Leave copies at the places where the restrained person is ordered not to go your school, work, etc. Give a copy to the security officers in your apartment and office buildings.
If the judge did NOT give you any or all of the orders that you asked for You can see if the judge denied all or some of the temporary orders you requested by looking at item 4 of the Notice of Court Hearing Form CH To serve your papers, follow these steps: Figure out WHEN you have to serve your papers by You will have to serve the papers on the restrained person by the deadline the judge writes on your papers.
This is so that the restrained person has a few days to respond to your papers and prepare for court. To find your deadline for service: Look at your court date on page 1 of Form CH Look at the number of days written in item 5 on page 2 of Form CH Subtract the number of days in item 5 from the court date.
That is your deadline to serve your papers. You can always serve before the deadline! The papers must be delivered in person. You cannot send them by mail. Make sure this is done before your deadline.
This form tells the judge and police that the restrained person got a copy of the order and knows about it. Make sure to come to this court hearing.
Contact Us. Translate this page:. Help Center R. Resources Responding to a R. Civil Harassment Restraining Orders. Can a gun violence restraining order be renewed? I have a temporary ex-parte restraining order. Can it be enforced in another state? Can I get someone to help me? Do I need to tell the court in California if I move? Can I take my kids out of the state? I was granted temporary custody with my DVRO.
Will another state enforce this custody order? What are the requirements? Can I have my out-of-state protection order changed, extended, or canceled in CA? I was granted temporary custody with my protection order. Will I still have temporary custody of my children in CA?
How do I register my protection order in California? Do I have to register my protection order in California to get it enforced? Will the abuser be notified if I register my protection order in CA? What if I don't register my protection order? Will it be more difficult to have it enforced? Does it cost anything to register my protection order?
View all. What is the legal definition of domestic violence in California? Some examples of coercive control include: isolating you from your friends, family, and other forms of support; depriving you of your basic needs; controlling, regulating, or monitoring your movement, communications, daily activities, and finances; and by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, making you do something that you have the right not to do or making you not do something that you have a right to do.
Yes No. There are three types of domestic violence restraining orders: Emergency Protective Order If a police officer responds to a domestic violence call, the police officer can call a judge anytime, day or night and ask that an emergency protective order be issued for you, which goes into effect immediately. Grant you the exclusive care, possession, or control of any animal owned or held by either you, the abuser, or a child residing in either of your households and order the abuser to stay away from and not harm the animal; 1 Order the abuser to be removed from the home you are both living in together even if you do not own the home or you are not the tenant; 2 Prohibit the abuser from possessing or purchasing a firearm or ammunition; 3 Order the abuser to pay child support and spousal support if you are married 4 - see Can I get support when I file a DVRO?
The judge can decide where the children will live, which parent will make decisions affecting the children, and how the children will spend time with each parent including where, when, and whether that time is supervised or not.
You may want to ask the judge to specifically write this fact into the DVRO to make future enforcement of it easier; 10 and Grant anything else you ask for that the judge agrees to. Whether a judge orders any or all of the above depends on the facts of your case. There are a few ways that a court can have personal jurisdiction over an out-of-state abuser: The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. Did you find this information helpful? Back to U.
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