How to Get a Restraining Order in Contra Costa County
Restraining orders are court orders aimed at protecting people from being physically abuse, threats, stalking or harassment. In Contra Costa County, California, there are four types of restraining orders that can be issued: domestic violence restraining orders, civil harassment restraining orders, elder or dependent adult restraining orders and workplace violence restraining orders. There is typically no fee for getting a restraining order.
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Instructions
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Go to the courthouse and get the application for the restraining order from the court clerk. The court clerk will give you the appropriate forms, based on the type of restraining order you need.
You can also fill out Form CH101/DV-290 Request and Order for Free Service, to have the restraining order fee waived.
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Give the forms to the clerk, who will give them to a judge for review. The judge may want to speak with you and ask you more questions. The judge may grant you the order immediately, but if you file in a busy court or late in the day, it may not be signed until the next court day. You can also apply for a temporary restraining order to protect you until your full court hearing.
The clerk will give you the date and time for your court hearing, typically in about 3 weeks.
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Have the restraining order served on the defendant. (The judge will not make any long-term judgments until the abuser has been personally "served" with copies of your forms.)
You cannot personally give these forms to the defendant; they must be personally served by anyone over 18 years of age not involved in the case, such as a friend, a relative, law enforcement or a professional process server. The Contra Costa County Sheriff's Department can also serve the papers for you.
The court decides how many days before the court date the abuser has to be served. Whoever serves the restraining order must also give the defendant a blank Answer to Temporary Restraining Order. The person serving the court papers on the defendant will have to fill out a proof of service form informing the judge the defendant was properly served.
It is your responsibility to file the proof of service form in court. Before filing, make five copies and file the original and all copies with the court clerk.
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To get a final restraining order, go to the court hearing and prove that the defendant has harmed or threatened harm against you. It is typically best if you have a lawyer to represent you at the hearing.
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After the hearing, take all the copies of the restraining order to the clerk's office to be stamped and returned to you. You are entitled to five free, certified copies of the restraining order.
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Tips & Warnings
You must attend the scheduled court hearing. If you don't, the judge may dismiss your case.
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