How to File a Restraining Order in Modesto, California

A Stanislaus county judge will need to approve restraining orders in Modesto, California.

There are four types of restraining orders that can be obtained in Modesto, California. The first one is a domestic violence restraining order that can be used to protect an individual or children under the age of 18 who live with that person from violence or threats of violence. The violence or threats must come from someone in the family or home or with whom there is a close relationship. There are also civil harassment restraining orders, elder or dependent adult abuse restraining orders and workplace violence restraining orders.

Instructions

Filing a Restraining Order

1. Fill out forms to begin the process of filing a restraining order. The forms needed are Request for Order (DV-100), Temporary Restraining Order (DV-110) and Notice of Court Hearing (DV-109). If you have children with the person who also need protection, you will need to fill out additional forms. These are Child Custody, Visitation, and Support Request (form DV-105) and Child Custody and Visitation Order (form DV-140). These forms can all be obtained at the Family Law Clerk's Office located at 1100 I Street in Modesto.

2. Submit the forms to the Family Law Clerk's Office located at the I Street address in Modesto. If you submit these forms by 8:45 a.m they will be available for pickup the following court day from 2:30-3:00 p.m. at 800 11th Street, Room 110. If it is after 3:00 p.m. you will need to wait until the next court day and then pick them up at the Family Law Clerk's Office between the hours of 8 am and 2 pm. You may file in person, by mail or by fax.

3. Pick up your filed papers. At that time you will look at item 4 on the Notice of Court Hearing. This will tell you if the judge granted your request for a temporary restraining order, denied it, or granted part of it. If the judge did not grant it, you can still go to court on the hearing date and ask for it. Sometimes a judge will grant the order at the hearing, even if he denied the temporary restraining order. You can also just drop the case and re-file later. If you choose this option, fill out a waiver of hearing on denied request for temporary restraining order (Form DV-112) and file it with the Family Law Clerk.

4. Pick up the five "file-stamped" copies of the temporary restraining order. These copies need to be given to people affected by the restraining order. Keep one copy for yourself and one in a safe place. Leave copies at every place the restrained individual is not allowed to go, such as your school or work. Any security officers in your place of work or residential situation should also have a copy. If you need extra copies, you can make them yourself.

5. Lastly, serve the order to the person being restrained. Do not do this yourself. You can ask someone you know or a process server. The server cannot be under the age of 18 or protected in the restraining order. You can also ask law enforcement to personally give the restrained person a copy of the order. Do not send it by mail.

6. Attend your hearing. You will find the date and time of this hearing on the form DV-110. This is a temporary restraining order. In order to get a permanent order you must attend this hearing. The temporary restraining order only lasts for three weeks.

References

• Superior Court of California, Stanislaus County: Restraining Orders
• Court Information California: Self Help, Protective Orders