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You are here: Protection from Abuse > Domestic Violence > Restraining Orders > For a Restrained Person > Information for a Restrained Person
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What is a restraining order?
What does the order do?
What if I have a gun or firearm?
Should I go to the hearing?
How do I tell my side of the story?
Do I have to get a lawyer?
What if I also have criminal charges against me?
What if I am a victim of domestic violence?
Can I bring a witness to the court hearing?
Will I see the protected person at the court hearing?
How long does the order last?
What if the protected person contacts me?
Can I agree with the protected person to cancel the order?
What happens if I don't obey the court order?
What if I don't have a green card?
What if I don't speak English?
What if I am deaf?
Audio/Video Information
What is a restraining order?
It is a court order.
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What does the order do?
It can order you to:
- Not contact or go near the protected person,
- Not have a gun or firearm while the order is in effect,
- Move out of the house,
- Follow child custody and visitation orders, and
- Pay child support.
Read the order carefully. If you disobey the order, you can go to jail or be fined.
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What if I have a gun or firearm?
You can't own, possess, or have a gun or firearm while the order is in effect. If you have a gun now, the judge can order you to turn it in to the police or sell it to a gun dealer. Read What Do I Do With My Gun or Firearm?.
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Should I go to the hearing?
Yes. Go to court on the hearing date listed on page 1 of the Temporary Restraining Order (form DV-110). If you don't go to court, the judge can make the orders without hearing from you.
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How do I tell my side of the story?
File an Answer to Temporary Restraining Order (form DV-120) before the hearing date. Also, have someone mail it to the person who asked for the order, or the person's lawyer. This is called "service." The person who mails it must fill out and sign a Proof of Service by Mail (form DV-250). File the Proof of Service with the court clerk. Keep a copy.
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Do I have to get a lawyer?
No. But it is a good idea, especially if you have children. Click here for help finding a lawyer. Or ask the clerk how to find free or low-cost legal services. Click here to find the address and phone number of your court.
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What if I also have criminal charges against me?
See a lawyer. Click here for help finding a lawyer. Anything you say or write can be used against you in your criminal case.
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What if I am a victim of domestic violence?
Call the National Domestic Violence Hotline:
Ask them who can help you file a restraining order.
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Can I bring a witness to the court hearing?
You can bring witnesses or documents that support your case, but the judge may not have enough time to talk to the witnesses. So bring their written statements of what they saw or heard. You must file and mail witness statements at least 10 days before the hearing, or when you mail your Answer to Temporary Restraining Order (form DV-120) to the protected person.
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Will I see the protected person at the court hearing?
If the protected person comes to the hearing, you will see him or her. Do not talk to the protected person unless the judge says you can.
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How long does the order last?
The first (or "temporary") order lasts until your next court date. At that time, the judge will decide to extend or cancel the order. The order can last for up to 3 years, but child custody, visitation, and support orders have different end dates and usually last until the child turns 18.
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What if the protected person contacts me?
No matter what, you have to follow the court order. The order does not affect the protected person. It only affects what you can do.
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Can I agree with the protected person to cancel the order?
No. Only the judge can change or cancel the order.
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What happens if I don't obey the court order?
The police can arrest you. You can go to jail and pay a fine.
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What if I don't have a green card?
The order is valid whether you have a green card or not. If you are worried about being deported, talk to an immigration lawyer. Click here for help finding a lawyer.
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What if I don't speak English?
Ask someone who speaks English to call the court clerk at least a week before your hearing. Click here to find your local court. Ask for a court interpreter. You may have to pay a fee. If the interpreter is not available, bring someone to interpret for you. Do not ask a child 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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Last modified: 03/17/2008
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