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You are here: Protection from Abuse > Domestic Violence > Restraining Orders > Can a Domestic Violence Restraining Order Help Me?
Click on a topic below:
What is a domestic violence restraining order?
What is abuse?
Can I get a restraining order?
What if I don't qualify for a restraining order?
How soon can I get the order?
How will the restraining order help me?
How long does the order last?
How much does it cost?
What if I don't have a green card?
Do I have to go to court?
Do I need a lawyer?
Do I need to bring a witness to the court hearing?
Will I see the restrained person at the court hearing?
Can I bring someone with me to court?
What if I don't speak English?
What if I am deaf?
How will the restrained person know about the order?
What if the restrained person doesn't obey the order?
Can I agree with the restrained person to cancel the order?
Can I use the restraining order to get divorced?
Can this order stop the other person from taking our children away?
What if I move?
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Need more information?
What is a domestic violence restraining order?
It is a court order that helps protect people from abuse.
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What is abuse?
"Abuse" means to hit, kick, hurt, scare, throw things, pull hair, push, follow, harass, sexually assault, or threaten to do any of these things. Abuse can be spoken, written, or physical.
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Can I get a restraining order?
You can ask for one if:
- A person has abused you, and
- You have a close relationship with that person (married or registered domestic partners, divorced, separated, dating or used to date, live together or used to live together*), or you are related (parent, child, brother, sister, grandmother, grandfather, in-law).
*You have to be more involved than just roommates.
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What if I don't qualify for a restraining order?
If you don't qualify, there are other kinds of orders you can ask for:
- Civil harassment order (can be used for neighbors, roommates, and co-workers). Click here for help getting a civil harassment order.
- Dependent adult or elder abuse restraining order. Click here for help getting a dependent adult or elder abuse restraining order.
Ask the court clerk for the forms you need for these special kinds of orders. Click here to find your local court. You can also talk to a lawyer. Click here for help finding a lawyer.
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How soon can I get the order?
The judge will decide whether or not to make the order by the next business day. Sometimes the judge decides sooner.
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How will the restraining order help me?
It can order the restrained person to:
- Not contact or go near you, your children, other relatives, or others who live with you
- Not have a gun
- Move out of your house
- Follow child custody and visitation orders
- Pay child support
- Pay spousal or partner support
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How long does the order last?
The first (also called "temporary") order lasts until your next court date. At that time, the judge will decide to continue or cancel the order. The order could last for up to 5 years. Child custody orders have different end dates and usually last until the child turns 18.
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How much does it cost?
Nothing.
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What if I don't have a green card?
You can still get a restraining order. If you are worried about deportation, talk to an immigration lawyer. Click here for help finding a lawyer.
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Do I have to go to court?
Yes. Go to court on the date the clerk gives you. If you do not, your order will end.
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Do I need a lawyer?
No. But it is a good idea, especially if you have children. Click here for help finding a lawyer.
Ask the court clerk about legal services and domestic violence help centers in your county. Click here to find your local court. The clerk can also send you to the family law facilitator for help with child support. Click here to find your family law facilitator.
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Do I need to bring a witness to the court hearing?
No. But it helps to have proof of the abuse. You can bring:
- A statement from a witness, made under oath
- A witness
- Photos
- Medical or police reports
- Damaged property
- A threatening letter, e-mail, or telephone message
The judge may or may not let a witness speak at the hearing.
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Will I see the restrained person at the court hearing?
If the restrained person comes to the hearing, yes. But that person does not have the right to speak to you. If you are afraid, tell the court officer. The court officer will make sure you are safe. Read Get Ready for Your Hearing (For Protected Person) (form DV-520 INFO). To listen to this information, click here .
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Can I bring someone with me to court?
Yes. You can bring someone to sit with you during the hearing. But that person can't speak for you in court. Only you or your lawyer (if you have one) can speak for you.
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What if I don't speak English?
When you file your papers, ask the clerk for a court interpreter. Click here to find your local court. If the interpreter is not available for your court date, bring someone to interpret for you. Do not ask a child, or anyone protected by the order, to interpret for you.
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What if I am deaf?
If you are deaf, contact the clerk at least 1 week before the hearing. Click here to find your local court. Ask for a sign language interpreter or other accommodation. For more help, read Persons With Disabilities: Q&A on Rule of Court 1.100.
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How will the restrained person know about the order?
Someone who is at least 18 - not you or anyone else protected by the order - must "serve" (give) him or her a copy of the order. Or police will do it for free. For more help, read What is "Proof of Service"? (form DV-210). Or, click here to listen to instructions about "Proof of Service".
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What if the restrained person doesn't obey the order?
Call the police. The restrained person can be arrested and charged with a crime.
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Can I agree with the restrained person to cancel the order?
No. Only the judge can change or cancel the order.
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Can I use the restraining order to get divorced?
No. These forms will not end your marriage or your registered domestic partnership. You must file other forms to end your marriage or domestic partnership. Click here for help with a divorce. Or the court clerk can tell you where to get legal help for a divorce. Click here to find your local court.
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Can this order stop the other person from taking our children away?
Yes. The judge can order the person named in the orders not to take the children out of California, or the county you live in, without your written agreement or another court order.
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What if I move?
Your restraining order works anywhere in the U.S. If you move out of California, contact your new local police so they will know about your orders. If you want to move with your minor children, you need the other parent's permission or a court order. (There are some exceptions. Talk to a lawyer. Click here for help finding a lawyer.)
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Need more information?
Click here for help finding Free & Low-Cost Legal Help.
Or call the National Domestic Violence Hotline:
They can help you in more than 100 languages. It's free and private.
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Last modified: 03/17/2008
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