Restraining orders: can a minor file for a restraining order against an abuser who is 18 or over?

     
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Reporting Abuse to lớn the Authorities

Call your local police department. IF THE ABUSE IS LIFE THREATENING, call 911. The police can issue an Emergency Protective Order lớn protect you.

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What is Abuse?

Abuse means to intentionally or recklessly cause or attempt to cause bodily injury to lớn you; or sexually assault you; or khổng lồ place you or another person in reasonable fear of imminent serious bodily injury; or khổng lồ molest, attack, hit, stalk, threaten, batter, harass, telephone, or tương tác you; or lớn disturb your peace; or destroy your personal property. Abuse can be spoken, written, or physical. It is domestic violence when the person being abused and the abuser are, or have been, in an intimate relationship (married or domestic partners; are dating or used lớn date; live or lived together; or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.

Where lớn Get Help

There are several agencies that can provide you with help in getting a Restraining Order, counseling and treatment options, shelter information as well as other legal assistance. Here are a few:

Restraining Order: Domestic Violence Assistance Program Office located in room 705, 7th floor, at the Superior Court of Orange County, Lamoreaux Justice Center 341 The thành phố Drive S. Orange, CA 92868 (714) 935-7956 National Domestic Violence Hotline: (800) 799-7233 Orange County Family Justice Center: Offers comprehensive services 150 W. Vermont Ave. Anaheim, CA 92805 (714) 765-1645 Mariposa Women và Family Center: Counseling and support 812 W. Town and Country Rd. Orange, Ca 92868-4712 (714) 547-6494 Legal Assistance: Legal Aid Society of Orange County: (714) 571-5200 Public Law Center: (714) 541-1010 Orange County Bar Association: (949) 440-6747 Shelters: Human Options: (877) 854-3594 Laura’s House: (949) 498-1511 The Sheepfold: (877) 743-3736 Women’s Transitional Living Center: (714) 992-1931 Interval House: (562) 594-4555

Who Can tệp tin a Domestic Violence Restraining Order?

You may apply for a Domestic Violence Restraining Order if a person has abused you or threatened to abuse you và you have one of the following relationships with that person:

Married, divorced, separated, registered domestic partnership, have a child together, dating or used khổng lồ date, live together or used lớn live together; or You are related within the second degree of affinity or consanguinity. This means: mother or mother-in-law, father or father-in-law, child or stepchild or legally adopted child, grandparent or grandparent-in-law, grandchild or grandchild-in-law, sister or sister-in-law, brother or brother-in-law, stepparent, daughter-in-law or son-in-law. The in-law must be through a current marriage.

IMPORTANT: You can also ask that other family or household members be protected by the Restraining Order.

The person seeking protection is called the protected person. The person you want protection from is called the restrained person.

If there is a divorce, legal separation, or paternity case on tệp tin with the Superior Court of California, County of Orange, you vì chưng not need to mở cửa a Domestic Violence case. You should tệp tin your request for restraining orders in the related family law case.

If you bởi not qualify for a Domestic Violence Restraining Order, there are other kinds of orders. You can ask for:

Find out more information by reading:

How Will a Restraining Order Help Me?

The court can order a restrained person:

Not to contact or go near you, your children, other relatives, or others who live with you Not to lớn have a gun or ammunition lớn Move out of your house Obey child custody & visitation orders Pay child and/or spousal tư vấn Obey orders about property

Violation of a restraining order is a crime.

Can I have More Than One Restraining Order at the Same Time?

It is not uncommon for a protected person to have more than one order. A person may ask for a restraining order in Family Law or Civil even when there is a Criminal Restraining Order. A Criminal Protective Order can expire for reasons beyond your control. An order issued in Family Law or Civil will not expire early unless it is ordered to expire by the judge after a hearing.

A Criminal Protective Order, however, always has priority over any other type of restraining order. That means if the criminal order is different from another restraining order, it will supersede any other orders as the primary order that must be obeyed. For example, if the Family Law Order allows liên hệ and the Criminal Order states "no contact" the parties are not allowed khổng lồ have contact.

Where lớn File

If the restrained person lives or the alleged harassment or abuse took place in Orange County, the request for a Domestic Violence Restraining Order is filed in the Superior Court of Orange County at the Lamoreaux Justice Center (Family Law Clerk’s Office, 7th Floor), 341 The đô thị Drive, Orange, CA 92868.

Court hours are 8:00am-4:00pm, Monday-Friday. You can also ask for an immediate Temporary Restraining Order on the same day if your papers are completed correctly and filed with the Family Law Clerk’s Office before 4:00pm. A Temporary Restraining Order protects you until the hearing date.

Domestic Violence Assistance Program Office hours are 8:00am-4:00pm (closed from 12:00pm-12:30pm). If you want help with the forms và procedures, you can go to the Domestic Violence Assistance Program Office on the 7th floor in Room 705, (714) 935-7956. If you want a Temporary Restraining Order issued on the same day, you should arrive at the Domestic Violence Assistance Program Office by 8:30am so that the forms can be completed in time to tệp tin in the Family Law Clerk’s Office by the 4:00pm deadline.

Forms khổng lồ Complete

Read How vì I Ask For a Temporary Restraining Order? (DV-505-INFO). The Domestic Violence Assistance Program Office will help you with selecting the right forms & completing them.

The forms you may need include: If you have children with the person you want protection from, you may also need: If you want child tư vấn or spousal support, you may also need:

To know which one is right for you, read "Which Financial Form?" (DV-570)

You can get these forms:

Click here for the packet of forms you need if you are seeking a Domestic Violence Restraining Order & you bởi vì not have children with the other party.

Click here for the packet of forms you need if you are seeking a Domestic Violence Restraining Order & you DO have a child or children with the other party.

Online by clicking on the forms above NOTE: All forms must be filed in English.

Filing the Forms & Getting a Hearing

NOTICE OF REQUEST FOR TEMPORARY RESTRAINING ORDER:

If you need immediate protection, you can ask the court for a Temporary Restraining Order. Before filing the forms, you must give written or telephonic "notice" khổng lồ the restrained person of when và where you will be seeking a Temporary Restraining Order, or give the judge a good reason why you could not give notice. The form that you use for this is called "Declaration Re: Notice (L-1124)" và is included in the forms above. The Domestic Violence Assistance Program Office (see above) can further explain the process.

file THE FORMS IN THE FAMILY LAW DIVISION CLERK’S OFFICE:

After completing the forms, you will tệp tin them in the Family Law Division Clerk’s Office on the 7th floor of the Lamoreaux Justice Center, no later than 4:00pm, Monday – Friday.

FILING FEE:

There is no fee to tệp tin these documents.

TEMPORARY RESTRAINING ORDER:

The judge generally rules on your request for a Temporary Restraining Order on the same day you make the request. If the judge grants your request, check it carefully to lớn see what the orders are. The judge might not order everything you requested. The court will set a hearing date regardless of whether Temporary Restraining Orders were granted or not.

KEEP A CERTIFIED COPY OF THE RESTRAINING ORDER WITH YOU AT ALL TIMES in case you need to lớn show it to a Law Enforcement Officer.

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HEARING DATE:

After you appear before the judge khổng lồ ask for a Temporary Restraining Order, a court hearing will be mix in about 3 weeks so the judge can hear from both parties before deciding if the orders will continue for up lớn 5 years. Hearings are scheduled at 8:30am, Monday-Friday. If you fail to lớn appear, the judge may dismiss your case. The Temporary Restraining Order will also expire & you will have no further protection.

A support person may accompany you in court, và if you are not represented by an attorney, may sit with you at the counsel table. The support person is present khổng lồ provide moral và emotional tư vấn to you. The support person is not present as a legal adviser and may not provide legal advice. The support person may assist you in feeling more confident that you will not be injured or threatened by the other buổi tiệc ngọt during the proceedings.

For more information, read "Get Ready for the Court Hearing" (DV-520-INFO).

If you have a disability và need help, fill out a Request for Accommodations By Persons With Disabilities (MC-410) & file it with the court as soon as possible, but at least five days before the hearing date.

A children’s waiting room is available known as Children’s Chambers. You can read more about their services & guidelines.

You should have the following forms prepared for your hearing date for the permanent restraining order:

For more information, read Can a Domestic Violence Restraining Order Help Me? (DV-500-INFO).

Serving the Restrained Person

You are entitled to không tính tiền service by the Orange County Sheriff. Complete the Sheriff Instruction form (OCSD1). The clerk will forward the documents to lớn the Sheriff if requested.

The documents may also be served by a licensed process server, or by any person over 18 and not involved in the case.You can learn more about serving the documents by reading the size What is Proof of Personal Service? (DV-200-INFO). The server must prove lớn the court that the documents were served on the person that you want restrained by filing with the court a Proof of Personal Service (DV-200) before the hearing date.

Refer to section 5 of the conformed copy signed by the judge of the "Notice of Hearing (DV-109)" size to determine what forms must be served on the restrained person & the date they must be served by.

Can I Cancel the Hearing?

If tòa tháp 4 (a)(2) or 4 (a)(3) is checked on the conformed copy signed by the judge on the Notice of Court Hearing (DV-109) form, the judge has denied some or all of the temporary orders you requested until the court hearing. The judge may make the orders you want after the court hearing. You can keep the hearing date, or you can cancel your request for orders so there is no court hearing.

If you want khổng lồ cancel the hearing, fill out a Waiver of Hearing on Denied Request for Temporary Restraining Order (DV-112) và file it with the court as soon as possible. If you cancel the hearing, vì chưng not serve the documents on the other person. You may tệp tin a new request for orders, on the same or different facts, at a later time.

After the Hearing

If the judge signs the restraining order, it expires on the date mix forth in the order - up khổng lồ 5 years. For more information, read:

You must have the restrained person served with a conformed copy signed by the judge of the Restraining Order After Hearing (DV-130):

If the restrained person was at the hearing you may have him or her served by someone over the age of 18 with a copy of the Restraining Order After Hearing by mail. If the restrained person was NOT at the hearing, and the judge’s orders are the SAME as the the temporary order, you may have him or her served by someone over the age of 18 with a copy of the Restraining Order after Hearing by mail. tệp tin the Proof of Service by Mail with the court as soon as possible. If the restrained person was not at the hearing, và the judge’s orders are different from the temporary order, you must have someone over the age of 18 serve the Restraining Order after Hearing in PERSON, not by mail. file the Proof of Personal Service with the court as soon as possible.

KEEP A CERTIFIED COPY OF THE RESTRAINING ORDER WITH YOU AT ALL TIMES in case you need to show it to lớn a Law Enforcement Officer.

What if I Could Not Serve the Restraining Order in Time for the Hearing?

REQUESTING A NEW HEARING DATE

If the forms cannot be served in time for the court hearing you should come to lớn the court hearing & tell the judge that you were unable to get the papers served. Fill out the following forms và bring them to lớn court:

You will get a new hearing date & forms that will extend your Temporary Restraining Order until the new hearing date. Read the step by step instructions in How to Ask for a New Hearing Date (DV-115-INFO).

SERVING THE RESTRAINED PERSON

You are entitled to không lấy phí service by the Orange County Sheriff. Complete the Sheriff Instruction khung (OCSD1) . The clerk will forward the documents khổng lồ the Sheriff if requested.

The documents may also by a licensed process hệ thống or by any person over 18 và not involved in the case. You can learn more about serving the documents by reading the khung What is Proof of Personal Service (DV-200-INFO). The hệ thống must prove khổng lồ the court that the documents were served on the person that you want restrained by filing with the court a Proof of Personal Service (DV-200) before the hearing date.

Refer to lớn section 5 of the conformed copy signed by the judge on the Notice of Hearing (DV-109) khung to determine what forms must be served on the restrained person và the date they must be served by. You must also serve a filed copy of Request lớn Continue Court Hearing and Reissue Temporary Restraining Order (DV-115) and the Notice of New Hearing & Order on Reissuance (DV-116).

KEEP A CERTIFIED COPY OF THE RESTRAINING ORDER WITH YOU AT ALL TIMES in case you need to lớn show it lớn a Law Enforcement Officer.

Contesting or Responding khổng lồ a Request for a Restraining Order

TEMPORARY RESTRAINING ORDER:

The person requesting the restraining order, called the protected person, can ask the judge to immediately issue a Temporary Restraining Order that lasts until the hearing date. If you (the restrained person) receive notice from the protected person, usually a phone call, advising you that someone is requesting a Temporary Restraining Order, you have the right to appear before the judge to lớn object khổng lồ it. In some cases, a person may request a Temporary Restraining Order without letting you know if that person is fearful of contacting you.

HOW TO tệp tin A RESPONSE:

After the protected person files the papers with the court, a hearing date will be set. You must be served with a copy of the papers. Read them carefully. If a Temporary Restraining Order was granted, you must obey the temporary orders of the court.


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