How to Get a Restraining Order in El Cajon, CA
Restraining orders protect victims from further violence and abuse. In El Cajon, California, in San Diego County, four types of restraining orders are issued by the court: domestic violence, civil harassment, elder or dependent adult and workplace violence. Restraining orders forbid an abuser from contacting you or coming near you and, depending on the circumstances, can also mandate counseling, financial restitution and other terms at the judge's discretion.
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Instructions
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Go to the East County Regional Court, located at 250 E. Main St. in El Cajon. Ask the court clerk for the appropriate forms, based on the type of restraining order you would like to obtain. (These forms are also available online on the California courts website. See the Reference section for a link.) You may also submit Form CH101/DV-290 Request and Order for Free Service to have the fees associated with obtaining a restraining order waived. In many cases, there are no fees anyway. Complete the forms, supplying contact information for yourself and your alleged abuser, details about the abuse and the terms you are requesting.
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Give the forms to the court clerk, who files them with a judge. You are given a hearing, usually the same day, where you briefly state your case to the judge. The judge then decides whether you are in immediate danger and, if so, grants you a temporary restraining order to protect you until the full hearing. The judge then sets a date for that hearing.
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Have the defendant served with the temporary restraining order and notice of hearing. This may be done by law enforcement, a professional server or a friend more than 18 years old, but never by yourself. The temporary restraining order is not effective until the defendant has been properly notified, so it is important to make sure this is done as quickly as possible. Providing accurate contact information for the defendant helps this go smoothly.
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Prepare to present your case to the judge. Gather evidence, such as police or medical records, witness testimony, a journal of the abuse or photographs of injuries or damaged property, to demonstrate to the judge that you need protection. You need to be able to present your case clearly, calmly and descriptively; it can help to practice telling your story to another person.
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Attend the hearing and give your testimony. The defendant may be present at the hearing, if he intends to contest the restraining order. If he does not appear, the judge may grant the restraining order automatically or choose to reschedule the hearing. If you do not appear, your temporary restraining order expires and you are left unprotected. If you still wish to obtain a restraining order, you must start the process over again. In California, restraining orders can be issued to last for a maximum of three years.
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References
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