If you are a victim of domestic violence, we may be able to help you obtain a restraining order against the abuser.

Getting a restraining order involves submitting an application to the court. If the court accepts the application, a temporary order is issued. Later, there will be a hearing to determine if the order should be made permanent (usually three years). Restraining orders cover issues of child custody, visitation, property control, residence move outs as well as the stay away orders that protect you from further abuse.

The following information will give you an overview of the steps you need to take to get a Domestic Violence Restraining Order. However, it is not legal advice. You should contact us or a private attorney for assistance and/or referral after you've reviewed this material. Contact us by using the link at the bottom of the page.

STEP-BY-STEP...

Submission of DV-OSC/TRO application: in Fresno, it takes 24-48 hours to get a temporary restraining order (TRO). In the meantime, you can contact local law enforcement for an Emergency Restraining Order if needed to prevent further abuse (prior to getting the TRO). Click here for info on EPO's.

Judge signs or rejects the application: if approved, you must serve the Respondent (abuser). The TRO is in place until a hearing is held to determine if the order should be made permanent. That typically happens about 25 days after the TRO is issued. If the application is rejected, and the judge doesn't explain why, ask the court for the reason. In any case, you can re-submit the application usually by including more compelling facts about the abuse.

Serving the Respondent: you can’t serve the Respondent yourself. The forms must be served by someone over 18 years of age who is not protected in your restraining order, including friends, relatives, the county sheriff or a process server can serve and then fill out the Proof of Service (POS). File the POS with the court and the sheriff’s records department. Note: the respondent must be served at least five days before the hearing. If you were not successful in getting the respondent served in the required time, you can ask the court to give you another opportunity to get the respondent served. You must file with the court a Reissue of TRO at least three days prior to your hearing date. All of the orders that you were given in your restraining order will continue in effect until the date of the new hearing.

Mediation: If you have children together with the respondent, depending on which county you live in, on the day of your hearing, you may be required to attend mediation with Family Court Service regarding the issue of child custody and visitation. You have the right to request separate mediation from the respondent.

The Hearing: The hearing gives both parties an opportunity to state their case. You will ask for a permanent restraining order. If your request is granted, you’ll receive your final orders or a "minute order" at the hearing. If you are given a minute order only, you will have to prepare a Restraining Order After Hearing and file it with the court. The judge will then sign it and return five certified copies to you. If for some reason your hearing is continued, your TRO will remain in effect until the date of the new hearing.

Additional Hearings: in some cases additional hearings are required, especially if custody and visitation issues are complicated.

TECLEO AQUÍ PARA LEER ESTA PAGINACIÓN EN ESPANOL

FOR A MORE DETAILED EXPLANATION OF THE DOMESTIC VIOLENCE RESTRAINING ORDER, CLICK BELOW TO DOWNLOAD THE STATE OF CALIFORNIA'S...