Call to make an appointment

760-798-2835

Assistance

Our attorney assists domestic violence victims with restraining order paperwork and preparation for court.  Advocates are available to accompany you to court and walk you through the steps described below. 

You may make an appointment by calling 760-798-2835 or attend our walk-in Restraining Order Clinic

Walk-in Restraining Order Clinic

Every Wednesday Morning

8:00-11:30 am

First come first served

*IMPORTANT NOTES* 

Our attorney does not do representation.  Paperwork only.

Advocates are not attorneys they will not give you legal advice.

Spanish Speaking advocates are available.

Restraining Orders

DOMESTIC VIOLENCE AND YOUR RIGHTS

Domestic Violence happens in many forms between two people in an intimate relationship.

•         Physical violence includes kicking, punching, shoving, slapping or any way that hurts your body.

•         Sexual violence includes unwelcome touching, fondling or forced intimacy.

•         Emotional violence includes using coercion or threats and anger to create a controlling and fearful relationship.

It is California state law that a crime or incident report is written on every domestic-violence call for assistance.

The District Attorney may file a criminal complaint with or without your consent.

You have the right to go to Superior Court to file a petition requesting any of the following:

•        An order restraining the attacker from abusing you or any family member/household member under the age of 18.

•        An order directing the attacker to leave the household. (not always granted)

•        An order preventing the attacker from entering your residence, school, business.

•        An order awarding custody and/or visitation.

LAW ENFORCEMENT RESPONSE

They will take a written statement. Be prepared to tell them what happened and produce any legal paperwork.

Show them any injuries and provide any evidence including injuries, torn clothing, weapons, and names and numbers of witnesses.

If the abuser is taken to jail, they may be given an opportunity to post bond and get out, possibly within a few hours. Be prepared for this by going to a safe place.

There are shelters available for you and your children.  Click here for more information on shelters.

Law Enforcement may provide you and your children a ride to a safe place or go with you to your house to get important items.

What will the Law Enforcement do?

•         A law enforcement officer may request an Emergency Protective Order (EPO) if he or she is called to a scene involving domestic violence.

•         An EPO is a restraining order approved by the court to protect a person from physical pain or injury, or from being threatened with pain or injury.  A law enforcement officer requests an EPO by calling a Judge available (including after business hours)

•         You may ask for an EPO if the responding officer does not ask you first.

•         An EPO is good for 3-5 days.  This allows you time to get to court and obtain a longer term restraining order.

FILING A RESTRAINING ORDER

•         A restraining order is an order made by a court to protect a person from physical pain or injury, or from being threatened with pain or injury.

•         The victim can request a Domestic Violence Protective Order (DVPO) from the court in a civil proceeding.

•         An initial, temporary DVPO (aka: temporary restraining order or TRO) can be granted without the batterer being present in court.

•         A court hearing for a permanent DVPO, at which the batterer is in attendance and can present evidence, is held about 3 weeks later.

•         Make sure it’s a Domestic Violence Protective Order (DVPO) that you need. There is also a Civil Harassment Restraining Order.  Both are considered civil restraining orders and maybe called this interchangeably by court staff.   (Civil court procedures are one person against another.)

What qualifies as a DVPO?  SEE BELOW

•      Restraining order forms are only available from the Business/Clerk's Office of the Superior Court.

•      There is no filing fee to apply for a Domestic Violence Restraining Order.

What qualifies as a DVOP?

•         Actual physical violence;

•         Stalking;

•         Sexual abuse;

•         A serious threat of physical violence;

•         Harassing and annoying phone calls; or

•         Destruction of personal property.

•         you have a close personal relationship with the party you are asking to have restrained.

Under the law, a relationship is defined as "close" if

at least one of the following is true:

n         You are married or were formerly married to the other party;

n         You have or formerly had an engagement or dating relationship with the other party;

n         You and the other party have a child or children together;

n         You are related to the other party by blood, marriage or adoption; or,

n         You and the other party are living together, or formerly lived together, as members of a "household".

If you do not have a “close relationship” with the other party, obtain the CIVIL HARASSMENT RESTRAINING ORDER packet from the business office.

What should I take with me to court?

n        Photos/Pictures of your injuries

n        Police reports

n        Medical reports

n        Damaged property

n        A threatening letter, e-mail, or telephone message

n        Any information you have about the violence.

n        A statement from a witness, made under oath

n        Witnesses to the abuse (usually only necessary at the permanent hearing)

This is per Judge. Each Judge runs their court differently. The Judge may or may not

allow anyone/anything into court as set by law.

THE COURT PROCESS

•         Once the restraining order paperwork is filed in one of the Superior Court locations, the temporary restraining order may be signed immediately.

•         This means you go before a judge asking for the restraining order the same day you file.  The judge may or may not ask you questions

•         The court hearing for a permanent order will generally be held within 21 days (3 weeks).

•         During the 21 days the person which you are getting a TRO against must be served with all the paperwork you submitted to the court.

•         If the person is unable to be served during this time.  YOU still need to go to court on the day it states on your paperwork.

•         You can then ask for more time to get the person served. Usually another 21 days is granted.

WHO MAY SERVE

• Usually the sheriff’s department will do this for you.  Sometimes they are unable to find the person.
• Any person at least 18 years of age who is not a party to the action may serve restraining orders and orders after hearing.
• The original proof of service must be filed with the Superior Court and a copy submitted to the Court Services Division Office.

If you request the Sheriff's to serve your restraining order, they will notify you by mail as soon as your process has been served.

If your court date is less that two days away, and you have not received notification, please call the office that you sent your documents too.

What will the judge do at the hearing?

At the hearing the judge may:

• Order the abuser to stop the violence, leave your house and stay away from you and any other household members.
• Decide temporary custody and visitation rights if you have children.
• Order the abuser to attend treatment or counseling.
• Issue a removal order to remove the abuser from your residence. (not always)
• Issue a permanent restraining order for up to 5 years.

Court Mediation

• If there are custody issues there may be another hearing with a court mediator to discuss child visitation.
• This is considered a court date and you must attend.
• This may fall before or after the permanent hearing.
• The other person will be present, but you may ask to see the mediator separately.  Just let them know you have a restraining order.
• You also have the right to have a victim advocate with you.

Court Orders

• Court orders can only be changed by order of the court, not by any action or inaction on your part.
• The Sheriff's Department is the central repository for all enforceable restraining orders in the County of San Diego. Law enforcement officers confirm the existence and service of restraining orders by calling the Sheriff's Warrant Office.

Criminal restraining order

• There may also be a criminal restraining order, protection order, or stay-away order.
• These orders are granted through the Criminal court.  You may or may not be aware of these orders.
• If you know there is a criminal case, you can call the District Attorney’s office to find out if there is a criminal restraining order.
• If there is a stay-away order, obtain a copy.  It is also a good idea to take a copy with you to your DVPO hearing.
• These orders may or may not include the children.  Make sure you read the paperwork carefully.
• If you have a criminal restraining order you may feel that it is not necessary to obtain a DVPO in family court.  Seek legal advice before you make any decisions.  It maybe best to have both.
• Criminal orders usually supersede family (civil) orders.

RESTRAINING ORDER ENFORCEMENT

What to do after the order is granted.

•  Get copies of your restraining order and proof of service from the court clerk: After the permanent hearing you need to make sure you have the “order after hearing.” 
• 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.
• Take copies to places where the restrained person is ordered not to go (school, work, daycare, etc.).
• Give a copy to the security officers in your apartment or office buildings.
• Make sure your local police have a copy and that the order is entered into CLETS.

¾    CLETS-California Law Enforcement Telecommunication System - a special computer system that lets police all over the state find out about your order.

• In San Diego County, a copy should be delivered to a Sheriff's office. Submit two copies if they’re going to serve it for you.
• A copy also needs to be served to the other person. (use the sheriff, or follow the instructions on the order)

What happens if the abuser violates a restraining order?

• After you have received a restraining order, carry a copy of it with you at all times and have other copies in convenient locations such as work and your children's school.
• If the abuser violates the restraining order, you should call 911 immediately and produce a copy of the restraining order to the police.
• Write down what happened, when, where, and the names of any witnesses.
• Get copies of police reports. 
• If you are hurt, get copies of medical reports.
• Even if you haven't served the orders yet, call the police

Show the police a copy of your orders. If the restrained person is there, ask the officer to serve the orders. Make sure you give the officer a “proof of serve” form to fill out and then file it with the court.

Police may arrest. It is a crime to disobey the judge's orders. The restrained person can :

• Be fined, or
• Go to jail.
• The district attorney may file criminal charges. You can always call the district attorney for information about a criminal case.
• You can also file a civil contempt action. Ask the court clerk for forms.
• Guns - The restrained person can't: own, have, buy, or try to buy a gun or firearm while the order is in effect. If the person does, he or she can go to jail and/or pay a fine.

Links

Other restraining order clinics

Center for Community Solutions

106 Grape Street
Escondido, CA 92025
(760) 747-6282

http://www.ccssd.org/

Women’s Resource Center

1963 Apple St.
Oceanside, CA
92054

24-Hour Hotline:
(760)757-3500

http://womensresourcecenter-wrc.org/

San Diego Superior Court

The Vista Court House

325 South Melrose Drive

Vista, CA 92081

760-726-9595

http://www.sdcourt.ca.gov/portal/page?_pageid=53,129732&_dad=portal&_schema=PORTAL

For other court locations and numbers click here.

Court Paperwork and instruction visit

San Diego Superior Court

325 South Melrose Drive

Vista, CA 92081

760-726-9595

http://www.courtinfo.ca.gov/selfhelp/protection/dv/getrestraining.htm

For other court locations and numbers click here.

District Attorney’s Office

Vista Office
North County Regional Center
325 S. Melrose Drive, Suite 5000
Vista, CA 92081
760-806-4004
http://www.sdcda.org/index.php

To serve a restraining order contact:

San Diego Sheriff’s Court Services Bureau

325 South Melrose Drive, Suite 2400
Vista, CA 92081-6692

760-940-2898 OR

http://www.sdsheriff.net/csb/

Law Enforcement Agencies in you area

San Diego Sheriff’s Department

http://www.sdsheriff.net/home/

Borrego Office 760.767.5656

Encinitas Station 760.966.3500

Fallbrook Substation  760.723.6050

Julian Office 760.765.0503

Poway Station 858.513.2800

Ramona Substation 760.789.9157

Ranchita/Warner Springs Office 760.782.3353

San Marcos Station 760.510.5200

Valley Center Substation 760.749.1309

Vista Station 760.940.4551

for all station numbers

http://www.sdsheriff.net/home/office.html

Escondido Police Department

700 West Grand Avenue
Escondido, CA 92025

760-839-4722

http://www.ci.escondido.ca.us/police/index.html

Oceanside Police Department

3855 Mission Ave.

Oceanside, CA 92054

760-435-4900

http://www.oceansidepolice.com/

Carlsbad Police Department

2560 Orion Way
Carlsbad, CA 92010

760-931-2197

http://www.ci.carlsbad.ca.us/police/