What is a Domestic Violence Restraining Order?
A
domestic violence restraining order
is an order that helps protect you from someone who is abusive. It
may contain orders telling that person what they cannot do to you.
It may also have orders that tell that person to stay a certain distance
away from you.
Domestic Violence Restraining Order Class
The Sacramento Superior Court, in partnership with Women Escaping A Violent Environment (WEAVE) offers a free class on form preparation, Monday
through Friday, excluding
Court holidays, at 8:45 a.m.
(No late admittance). A Spanish Interpreter is available at the class held on Friday
only. This class is for both men and women and is held in the Self
Help Computer Room on the first floor of the William R. Ridgeway
Family Relations Courthouse, 3341 Power Inn Road.
Free childcare is available for children ages 1-12 years in the
Children's
Waiting Room at the William R. Ridgeway Family Relations Courthouse. The
hours of operation are from 8:15 a.m. to 12:00 p.m. and 12:45 p.m. to
4:30 p.m. Please be prepared to spend the entire day to complete
the restraining order process.
If we have children can the restraining order include custody
orders?
If you and the other party have children together the court may make
Temporary Custody and Visitations orders. These orders will expire
with the restraining order, so the Court may require you to file a
Family Law case in the county where the custodial parent and the
children normally reside.
Who can I file a Domestic Violence Restraining Order against?
You may request a Domestic Violence Restraining Order, against your spouse or former spouse; person you are dating;
lover; mother or father of your child; anyone related to by blood,
marriage or adoption (example: mother, father, child, brother, sister,
grandparent, in-law); or person who regularly lives in your home.
Forms
The packet of forms necessary to obtain a domestic violence order can be
obtained at the Cashier's Window at
the William R. Ridgeway Family Relations
Courthouse, Room 100, from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Court holidays. Please be prepared to spend the entire
day to complete the restraining order process.
You may download the necessary forms by clicking on the form names
below:
Informational forms for a Domestic Violence action are:
Filing Fee
You do not have to pay fees when filing these forms, but you may
be required to complete the fee waiver application if you are going to
ask the Sheriff's Department to serve the other party with the temporary
restraining order.
Where do I file my forms?
Present completed domestic violence forms to the Family Law
Filing Window in Room 100 (Windows 14 and 15), of the William R. Ridgeway Family
Relations Courthouse. The clerk will conduct a mini-interview with
you to clarify your request and to ensure that you filled out the forms
correctly. Please inform the Court staff if you will need an interpreter
for your hearing.
When will I get my order?
If your forms are filed before 2:00 p.m. you will receive your order
at 4:00 p.m. the same day. If the forms are filed after 2:00
p.m., then they will be ready for pickup after 4:00 p.m. the next
business day. You must go to Window 3 in Room 102 of the Family
Law Records unit, at 4:00 p.m. to receive the judge's decision on
your application for a restraining order. If your request is
granted, a hearing will be set for you and the other party. It is
your responsibility to have other person personally served. Proof
of service for the other person must be presented and filed with court
prior to or at the time of the Domestic Violence Restraining Order
hearing.
How to get the other party served?
If the party being served lives or works in Sacramento County, the
Sheriff can serve the document. There is a Sheriff's Civil
Division Office in Room 313 of the Family Relations Courthouse that is
open from 8:30 a.m. to 3:30 p.m., Monday through Friday. They can
assist you in getting the other person served. If the person to be
served lives and works outside of Sacramento County, contact the sheriff
of that county for help.
If you prefer serving the restrained person on your own, ask someone
you know to serve (give) a copy of the order to the restrained person.
The server must be over 18 and not be one of the parties protected by
this order.
What if I can't get the restraining order served in time for
the hearing?
You continue the hearing. There are two ways you can continue
your court date on your domestic violence case. If you have been
unable to serve the defendant, you will need to obtain a "Reissue Temporary Restraining Order (Domestic
Violence Prevention)," Judicial Council
Form, DV-125. This
Judicial Council form is
also available at the
forms window of the Family Law Filing Counter at the William R. Ridgeway
Family Relations Courthouse, between the hours of 8:30 a.m. to 4:30
p.m. The Reissue Temporary Restraining Order form must be completed and filed along with a
copy of your prior Request for Order, prior to the date of your scheduled hearing.
You may also orally request a continuance in court during your
hearing. If your request for continuance is granted, the Judge will sign the
Application and Order for Reissuance form and set a new
hearing date. Both methods extends your Temporary
Restraining Order so you will be protected until the new hearing date.
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