Domestic Violence Restraining Orders

A Domestic Violence Restraining Order may be filed against a spouse or former spouse; a person in a current or past dating relationship with the applicantl; a person with whom a child is shared; anyone related by blood, marriage or adoption (for example, mother, father, child, brother sister, grandparent, in-law); or a person who regularly lives in your home.                                                                                                                                   

 

If you and the other party have children together, the court may make Temporary Custody and Visitation Orders.  These orders expire with the restraining order, so the court my require you to file a Family Law case in the county where the custodial parent and the children normally reside.

 

A packet of the forms can be obtained at the Clerk's window in Room 103 of the Court House from 9:00 a.m. to 3:00 p.m. Monday through Friday, except on Court Holidays. There is no fee for the packet. 

 

If you would like to complete the domestic violence forms on-line, you can go to I-CAN Legal.  If you do not have access to a computer you can go to the Family Law Facilitator/Self Help Center and use their computer to complete the forms.  The forms can also be downloaded from the California Courts Online Self-Help Center.

 

 

FILING:  The forms are filed with the Civil Legal Process Clerk in Room 103 of the Courthouse.  There are no fees for filing these forms.  When you present your forms for filing the clerk will review them to ensure that the forms are filled out correctly.  The clerk will then take the request to a Judge to determine if a Temporary Restraining Order should be issued to protect the person to be protected until a hearing can be held on a permanent restraining order.  When the file is returned to the Clerk, the clerk will set a date for the hearing and prepare the paperwork for pick-up by the applicant.  It should be ready for pick-up on the day the request is received  Upon receipt of the paperwork, the applicant needs to ensure that the restrained person is personally served copies and that copies are submitted to the appropriate law enforcement agency.

 

 

SERVICE:  If the party to be served lives or works in Yolo County, the Sheriff can serve the documents.  If the person to be served lives and works outside of Yolo County, the sheriff of that county can be contacted for help.  Any person over the age of 18 and not one of the parties protected by the order may serve a copy of the order and notice of hearing on the restrained person.

 

 

 

CONTINUING A HEARING:   If the restrained person is not served in time for the hearing, the hearing can be continued.  There are two ways to continue the court date for a DVRO case.       
  1. If you have been unable to serve the defendant, you will need to obtain and complete the form entitled ôReissue Temporary Restraining Order (Domestic Violence Prevention)" Judicial Council Form, DV-125.  A copy of your prior application for temporary restraining order must be attached to the form and the form filed at the Civil Process Counter in room 103 before the date of the scheduled hearing.
  2. If you are unable to complete the Reissue Temporary Restraining Order form and have it filed before the scheduled date of the hearing, you must come to court on the day of the hearing with a copy of your prior temporary restraining order and ask for a new court date to allow you to have more time to have the other person served.  If you ask for a new court date, the judge may grant your request.

     

 

Both methods of continuing the court date extends the temporary restraining order so you will be protected until the new hearing.