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DOMESTIC VIOLENCE may occur in many forms between two people in an intimate relationship.
Physical violence includes kicking, punching, shoving, slapping or any action that hurts your body.
Domestic Violence Restraining Orders can last from three years to non-expiring.
A protected person can ask the court to renew a restraining order, either for another three years or permanently, whether or not there has been any more violence or threats of violence.
You may be divorced, separated, a registered domestic partner, dating or used to date, live together or used to live together.
A restraining order can stop a person from having contact with or going near the protected person and/or pets; stop a person from having a gun or firearm while the order is in effect; move a person from the house; provide custody, visitation, and support orders when there are children; and/or require one person to pay bills or release property. During the hours that the court is closed, a law enforcement officer can obtain an Emergency Protective Order which lasts from 5 to 7 days.
You will need to complete the following forms, DV115 Request to Continue Court Hearing and Reissue Temporary Restraining Order and the DV116 Notice of New Hearing and Order on Reissuance the day of the hearing and submit to the courtroom.
The DV-115-INFO form “How To Ask For A New Hearing Date” has helpful information and can be found at the California Court’s Website.
Anything you say or write in the domestic violence restraining order case can be used against you in your criminal case.
Sexual violence includes unwelcome touching, fondling or forced intimacy.
Emotional violence includes using coercion, threats or anger to create a controlling and fearful situation. During hours that the Court is closed, a law enforcement officer can obtain an Emergency Protective Order for you which last from 5 to 7 days.
The person must complete the Proof of Service form (DV-200) and it must be filed with the court. If you disobey the order, you can go to jail or be fined.
If you are ordered to move out, then take your clothes and belongings you will need until the court date and move out. The hearing date is on the Notice of Court Hearing (Form DV-109).There is No Filing Fee to apply for a Domestic Violence Restraining Order.