FAQs About Restraining Orders in CA
If you are in a position where you need help or resources for your protection in a domestic violence situation, there are many local resources that are available and designed specifically to help. Knowing where to even begin in your search for knowledge of restraining orders and other protective legal instruments in the California legal system might feel like a daunting task. There is a lot to know. In this article, we will discuss the basics behind some of the most frequently asked questions about restraining orders in California.
What if a Request for a Restraining Order was Filed Against Me?
If someone filed court papers asking to receive a restraining order against you, it is important that you carefully read the papers and understand what they say.
- If you were served form DV-110, a temporary restraining order against you was granted. You must follow all the orders on form DV-110. Not doing so could result in you being charged and arrested.
- Form DV-109 will list a court date. If you do not agree with the restraining order, it is imperative that you attend the court date. It is at this court date that the Judge will decide whether to grant a permanent restraining order, which can last up to five years.
Can I Use the Same Packet to File Restraining Orders Against Multiple People?
No. A single packet is required to be used for each individual a restraining order is filed against.
Can I Add Family or People I Live with on a Restraining Order?
Yes. A restraining order can provide protection to family or others who live with you. It will be left to a Judge’s discretion whether family or friends who do not live with you will be included as protected individuals under the Domestic Violence Restraining Order.
Who Can I File a Domestic Violence Restraining Order Against?
Essentially, a person may request a Domestic Violence Restraining Order against someone he or she dated or had an intimate relationship with, including a spouse or domestic partner, even if former. It can also be against a person’s relative if he/she is the person’s child, parent, sibling, grandparent, and in-laws. The specifics as to who a person may file such a request against is described in the Domestic Violence Prevention Act.
What if a Domestic Violence Restraining Order is in Place from Another Court?
Domestic Violence Restraining Orders from any Superior Court in California, are enforceable anywhere else in the State of California. This means that even if you are currently not living within the jurisdiction of the issuing court – you moved from San Diego to San Francisco, for instance – your original Domestic Violence Order is still enforceable.
If your restraining order is from the court of another State, then you will need to register that order in the California court system in order to ensure that it will be enforced in California.
Contact Cardwell Steigerwald Young
The San Francisco domestic violence attorneys at Cardwell Steigerwald Young, LLP can help you or your loved one begin to navigate through the process of obtaining a protective order against a threatening or harmful person. Contact our office today to begin discussing your case with our experienced team.
Sources:
sf.courts.ca.gov/self-help/restraining-orders
sanfranciscopolice.org/get-service/restraining-order-information
