FAQ - How do I get a Restraining Order?
Question: How do I get a Restraining Order
Answer: A Restraining Order is an Order from the Court that restrains a person from doing certain acts that the court is prohibiting. It is a Civil Procedure, meaning that in most cases, you must submit a request to the court asking for a Temporary Restraining Order, and a date for a hearing where the Order will be made permanent. You can do this yourself or you may consult an attorney. Once an order is in effect, the police department will enforce it as a criminal matter.
Temporary Restraining Order forms are available in the Superior Court during business hours Monday through Friday. There is no fee for filing the order, it is free. You can pick up and complete the papers at the courthouse, either in Redwood City or South San Francisco, or you can call the Center for Domestic Violence Prevention (650) 312-8515, Sor Juana Ines, Services for Abused Women 1-800-300-1080, or the Legal Aid Society (650) 365-8411 for assistance.
In serious cases of on-going Domestic Violence, a Police Officer may be able to issue an Emergency Protection Order. This is accomplished by the officer calling a Judge, who will verbally issue the order, which will be in effect until the completion of the 5th court date following the order. Before it expires, you must submit a request for a temporary restraining order directly to the court. If you are a victim of domestic violence, please refer to our Domestic Violence page for more information.
This FAQ refers to the following subjects:
Services/Public Safety/Police
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