 Temporary Restraining Order
Wild Iris staff can assist survivors of Domestic Violence and Sexual Assault with getting a temporary restraining order against the perpetrator. Please read the frequently asked questions below.
What is a domestic violence restraining order?
A domestic violence restraining order is a court order that helps protect people from abuse.
What is the definition of abuse?
"Abuse" means to hit, kick, hurt, scare, throw things, pull hair, push, follow, harass, sexually assault, or threaten to do any of these things. Abuse can be spoken, written, or physical.
Can I get a restraining order?
You can ask for one if:
A person has abused you, and
You have a close relationship with that person (married, divorced, separated, dating or used to date, live together or used to live together*).
*You have to be more involved than just roommates.
How soon can I get the order?
The judge will decide whether or not to make the order by the next business day. Sometimes the judge decides sooner.
How will the restraining order help me?
It can order the restrained person to:
Not contact or go near you, your children, other relatives, or others who live with you
Not have a gun
Move out of your house
How long does the order last?
The first (also called "temporary") order lasts until your next court date. At that time, the judge will decide to continue or cancel the order. The order could last for up to 3 years.
How much does it cost?
Nothing.
What if I don't have a green card?
You can still get a restraining order. The people at the courthouse do not work for the INS (Immigration and Naturalization Service). If you are worried about deportation, talk to an immigration lawyer.
Do I have to go to court?
Yes. Go to court on the date the clerk gives you. If you do not, your order will end.
Do I need a lawyer?
No. But it is a good idea, especially if you have children.
Do I need to bring a witness to the court hearing?
No. But it helps to have proof of the abuse. You can bring:
A statement from a witness, made under oath
A witness
Photos
Medical or police reports
Damaged property
A threatening letter, e-mail, or telephone message
The judge may or may not let a witness speak at the hearing.
Will I see the restrained person at the court hearing?
If the restrained person comes to the hearing, yes. But that person does not have the right to speak to you. If you are afraid, tell the court officer. The court officer will make sure you are safe. A Wild Iris advocate will also accompany you, if you wish.
Can I bring someone with me to court?
Yes. You can bring someone to sit with you during the hearing. But that person can't speak for you in court. Only you or your lawyer (if you have one) can speak for you. A Wild Iris advocate will accompany you, if you wish.
What if I don't speak English?
When you file your papers, ask the clerk for a court interpreter. Although Wild Iris has bilingual counselors, they cannot translate in court for you.
How will the restrained person know about the order?
Someone who is at least 18 - not you or anyone else protected by the order - must "serve" (give) him or her a copy of the order. A law enforcement officer can also serve the order.
What if the restrained person doesn't obey the order?
Call the police. The restrained person can be arrested and charged with a crime.
Can I agree with the restrained person to cancel the order?
No. Only the judge can change or cancel the order.
Can I use the restraining order to get divorced?
No. These forms will not end your marriage. You must file other forms to end your marriage.
Can this order stop the other person from taking our children away?
Yes. The judge can order the person named in the orders not to take the children out of California, or the county you live in, without your written agreement or another court order.
What if I move?
Your restraining order works anywhere in the U.S. If you move out of California, contact your new local police so they will know about your orders. Talk to a lawyer if there are minor children involved.
For More Information Contact:
Wild Iris
P.O. Box 697, Bishop CA 93515
Tel: 1-760-873-6601
FAX: 1-760-873-8104
General E-mail: WildIris@Wild-Iris.org
24-Hour CRISIS Hotline 1-877-873-7384
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