1) What is a Restraining Order?
A Restraining Order is a court ordered mandate protecting you from the individual that has abused or harassed you. A restraining order can be very beneficial if it is followed properly by the petitioner because ultimately it depends on you if you want full protection. The party served with this order must comply, and if there is sufficient evidence to prove the party is not complying they have committed a breach and can face criminal or civil penalties. Restraining orders are commonly used in domestic violence cases, harassment, stalking or sexual assault.
2) What can a restraining order do?
A Restraining order refrains the suspect from contacting you, visiting your home or workplace, keeps them away from you about 100 yards minimum and from your vehicle. Many courts also allow the victim to receive support for the hardship they have faced from the abuser. As the victim the most difficult aspect of this process is enforcing the order as much as possible. Any sign of harassment you experience from the abuser, record it. Any sign of violations immediately report it because it will serve you just when representing your case to the courts or enforcement agencies. You may feel like you are creating a hassle to the Police, but remember it is their job to protect you & it is your job to enforce the court order. Take hold of the power you are given. 3) How to file a Domestic Violence restraining order? …show more content…
(California)
There are other types of restraining orders, but what I will focus on here is a Domestic Violence Order. The first step is to head over to your Court's family law clerk and ask for the following orders:
DV- 100 Request for Order DV-110 Temporary Restraining Order and Notice of Hearing If you have children with the person you want protection from, you will also need: DV- 105 Child Custody, Visitation, and Spousal Request DV- 140 Child Custody and Visitation Order If you want child support or spousal support, you will also need: FL - 150 Income and Expense Declaration or FL- 155 Financial Statements Other forms you will need, but won't have to fill them out now are: DV- 120 Answer to Temporary Restraining Order DV- 130 Restraining Order After Hearing (Order of Protection) DV-200 Proof of Service (In Person) One you have picked up the necessary forms, and you seem to need help filling it out you can go to a Self-Help Center; it's free and should be open Monday through Friday. Remember you are given the chance to be the first to explain your case on these forms, give as much as detailed information as you can remember. It is important that you write down everything from beginning to end, so the commissioner gains a significant amount of insight before waiting for the trial where you might be too fearful to explain everything. 4) What's next? Return your forms to the court's clerk and if everything looks complete they will process your forms to the commissioner's office. The waiting period is approximately 24 hours; you will have to call in to check in on your case. Once you pick up your order, which is technically now a "TEMPORARY RESTRAINING ORDER", you will be asked to SERVE the person you are filing against. A family
A Restraining Order is a court ordered mandate protecting you from the individual that has abused or harassed you. A restraining order can be very beneficial if it is followed properly by the petitioner because ultimately it depends on you if you want full protection. The party served with this order must comply, and if there is sufficient evidence to prove the party is not complying they have committed a breach and can face criminal or civil penalties. Restraining orders are commonly used in domestic violence cases, harassment, stalking or sexual assault.
2) What can a restraining order do?
A Restraining order refrains the suspect from contacting you, visiting your home or workplace, keeps them away from you about 100 yards minimum and from your vehicle. Many courts also allow the victim to receive support for the hardship they have faced from the abuser. As the victim the most difficult aspect of this process is enforcing the order as much as possible. Any sign of harassment you experience from the abuser, record it. Any sign of violations immediately report it because it will serve you just when representing your case to the courts or enforcement agencies. You may feel like you are creating a hassle to the Police, but remember it is their job to protect you & it is your job to enforce the court order. Take hold of the power you are given. 3) How to file a Domestic Violence restraining order? …show more content…
(California)
There are other types of restraining orders, but what I will focus on here is a Domestic Violence Order. The first step is to head over to your Court's family law clerk and ask for the following orders:
DV- 100 Request for Order DV-110 Temporary Restraining Order and Notice of Hearing If you have children with the person you want protection from, you will also need: DV- 105 Child Custody, Visitation, and Spousal Request DV- 140 Child Custody and Visitation Order If you want child support or spousal support, you will also need: FL - 150 Income and Expense Declaration or FL- 155 Financial Statements Other forms you will need, but won't have to fill them out now are: DV- 120 Answer to Temporary Restraining Order DV- 130 Restraining Order After Hearing (Order of Protection) DV-200 Proof of Service (In Person) One you have picked up the necessary forms, and you seem to need help filling it out you can go to a Self-Help Center; it's free and should be open Monday through Friday. Remember you are given the chance to be the first to explain your case on these forms, give as much as detailed information as you can remember. It is important that you write down everything from beginning to end, so the commissioner gains a significant amount of insight before waiting for the trial where you might be too fearful to explain everything. 4) What's next? Return your forms to the court's clerk and if everything looks complete they will process your forms to the commissioner's office. The waiting period is approximately 24 hours; you will have to call in to check in on your case. Once you pick up your order, which is technically now a "TEMPORARY RESTRAINING ORDER", you will be asked to SERVE the person you are filing against. A family