DV-500-INFO Can a Domestic Violence Restraining Order Help Me?
What is a "domestic violence restraining Other orders are available. The restraining
order"? order can also provide for:
It is a court order that can help protect people from • Child custody and visitation orders
abuse. • Child support
• Spousal support
What is abuse?
Abuse means to hit, kick, hurt, scare, throw things,
pull hair, push, follow, harass, sexually assault, or How long does the order last?
threaten to do any of these things. Abuse can be The first (temporary) order lasts until your next court date.
spoken, written, or physical. At that time, the judge will decide to continue or cancel the
order. The order issued at that hearing could last for up to 5
Can I get a restraining order? years. Child custody, visitation, and support orders last
You can ask for one if: longer. Child custody, visitation, and support orders can
• A person has abused you and last until the child turns 18.
• You have a close relationship with that person
(married, divorced, separated, registered How much does it cost?
domestic partnership, dating or used to date, Nothing.
live together or used to live together*), or
you are related (parent, child, brother, sister, What if I don't have a green card?
grandmother, grandfather, in-law)
You can still get a restraining order. If you are worried
* You have to be more than just roommates.
about deportation, talk to an immigration lawyer.
What if I don't qualify for a restraining
order? Do I have to go to court?
Yes. Go to court on the date the clerk gives you. If you do
If you do not qualify, there are other kinds of orders
not, your order will end.
you can ask for:
• Civil harassment order (can be used for neighbors,
Do I need a lawyer?
roommates, and co-workers)
• Dependent adult or elder abuse restraining order No. But it is a good idea, especially if you have children.
Ask the court clerk about legal services and domestic
Ask the court clerk for the forms you need for these violence help centers in your county. The clerk can also
special kinds of orders. You may also want to talk to send you to the Family Law Facilitator for help with child
a lawyer. support.
How soon can I get the order?
The judge will decide whether or not to make the Do I need to bring a witness to the court
order within 24 hours of your request. Sometimes hearing?
the judge decides sooner. No. But it helps to have proof of the abuse. You can bring:
• A statement from a witness, made under oath
How will the restraining order help me? • A witness
It can order the restrained person to: • Photos
• Not contact or go near you, your children, other • Medical or police reports
relatives, or others who live with you • Damaged property
• Not have a gun • A threatening letter, an e-mail, or a telephone message
• Move out of your house The judge may or may not let a witness speak at the hearing.
Judicial Council of California, www.courtinfo.ca.gov
Revised July 1, 2006
Can a Domestic Violence DV-500-INFO, Page 1 of 2
Restraining Order Help Me?
(Domestic Violence Prevention) American LegalNet, Inc.
www.USCourtForms.com
DV-500-INFO Can a Domestic Violence Restraining Order Help Me?
Will I see the restrained person at the Can I agree with the restrained person to
hearing? cancel the order?
If the restrained person comes to the hearing, yes. But No. Only the judge can change or cancel the order.
that person does not have the right to speak to you. If
you are afraid, tell the court officer. Read Get Ready for Can I use the restraining order to
Your Hearing (For Protected Person) (Form get divorced or terminate a
DV-520-INFO). registered domestic partnership?
Can I bring someone with me to the court? No. These forms will not end your marriage or registered
Yes. You can bring someone to sit with you during the domestic partnership. You must file other forms to end your
hearing. But that person cannot speak for you in court. marriage or registered domestic partnership. The court clerk
Only you or your lawyer (if you have one) can speak for can tell you where to get legal help.
you.
Can this order stop the other person from
What if I don't speak English? taking our children away?
When you file your papers, ask the clerk for a court
Yes. The judge can order the person named in the
interpreter. If the interpreter is not available for your
orders not to take the children out of California, or the
court date, bring someone to interpret for you. Do not
county you live in, without your written agreement or
ask a child, or anyone protected by the order, to
another court order.
interpret for you.
What if I am deaf or hard of hearing? What if I move?
Your restraining order works anywhere in the United
Requests for Accommodations
States. If you move out of California, contact your new
Assistive listening systems, computer-
local police so they will know about your orders. If you
assisted real-time captioning, or sign
want to move with your minor children, you need the
language interpreter services are available if
other parent’s permission or a court order. (There are
you ask at least five days before the
some exceptions. Talk to a lawyer.)
proceeding. Contact the clerk's office or go
to www.courtinfo.ca.gov/forms for Request
for Accommodations by Persons With Need more information?
Disabilities and Response (Form MC-410). Ask the court clerk about free or low-cost legal help.
(Civil Code, § 54.8.) Or call the National Domestic Violence Hotline:
1-800-799-7233
How will the restrained person know TDD: 1-800-787-3224
about the order? They can help you in more than 100 languages.
Someone who is at least 18—not you or anyone It’s free and private.
else protected by the order—must “serve” (give)
the restrained person with a copy of the order. The For help in your area, contact:
sheriff will do it for free (use Form CH-101/DV-290)
but you have to ask. For more help, ask the court
clerk for Form DV-210-INFO.
What if the restrained person doesn't obey
the order?
Call the police. The restrained person can be arrested
and charged with a crime.
Revised July 1, 2006
Can a Domestic Violence DV-500-INFO, Page 2 of 2
Restraining Order Help Me?
(Domestic Violence Prevention)