WARNING: Abusers can track your computer activity. If you are in danger, please call 911 or the National Domestic Violence Hotline (1-800-799-SAFE). And consider using a safer computer such as one from the library or a friend's house.
A person eligible for a domestic violence restraining order can obtain a temporary restraining order form packet for persons with or without children. The forms can be obtained at your local court house or with the help of a legal service agency.
After the papers have been properly served on the restrained person, the proof of service must be filled out and signed by the person that served the papers. Three (3) copies of the proof of service should be made. The original signed copy of the proof of service should be filed and submitted to the court. The other two copies should be file stamped by the clerk. One copy should be attached to your copy of the TRO and that should be brought to court on your hearing date. The final copy should be kept with your records.
After the appropriate forms have been completed, the forms are submitted to the court clerk in the appropriate jurisdiction. The clerk will take the forms to a Judge to be reviewed. The forms will be processed and returned. This takes between 24-48 hours (business days).
After the temporary orders have been picked-up from the court, the person requesting the orders must have copies of all forms personally served on the restrained person, along with as a blank Answer to Temporary Restraining Order.
The TRO can be served by the following people: 1) a person 18 yrs or old and who is a not listed on the order as a protected person 2) by a professional process server 3) Alameda County Sheriff's Office (if it is being served in Alameda County) . Generally, service of the papers must be completed at least five calendar days before the hearing unless otherwise stated on the orders.
The restrained person has a right to file an answer with the court in response to the restraining order. The answer should be served on other person and filed with the court prior to the hearing.
A Domestic Violence Restraining Order is a protective order issued under the Domestic Violence Prevention Act. The order is issued by a Civil Superior Court
The protected person should attend the hearing whether they were able to serve the restrained person or not. A request can be made to the court that the hearing be continued and the TRO is re-issued so the protected person has additional time to serve the restrained person. If the abuser was served and is present or is not present the court can issue the restraining or set a hearing date for contested restraining orders.
If the judge issued a restraining order then the court clerk files the order and the protected person is given a copy of the Restraining Order After Hearing (ROAH). If the restrained person was not present then the protected person must serve them with the ROAH. If the restrained person was present then often the court serves them during court. Please note that if children are involved the court will order mediation and possibly future hearings.
Created by Veronica Bouttelle, Family Violence Law Center, 2009.
Family Violence Law Center Center (510)208-0220 www.fvlc.org
California Courts Self-Help Center www.courtinfo.ca.gov
Alameda County Bar Association www.acba.net
Alameda County Superior Court www.alameda.courts.ca.gov
Bay Area Legal Aid (510) 250-5270 http://www.baylegal.org/client-services/domestic-violence-preventions/