How to File a Restraining Order in San Bernardino, California

A restraining order is a civil court order that that forbids the offender to continue harassing and/or abusing the petitioner. It may also stipulate that the offender stay a certain distance away from the petitioner. There are serious legal consequences, including hefty fines and possible jail time, if an offender violates a restraining order. Restraining orders may be necessary when a person feels either physically or mentally threatened. In order to file a restraining order in San Bernardino, California, you will need to prepare the appropriate forms and visit the Clerk's Office at the courthouse.

Instructions

1. Visit the Clerk's Office at the San Bernardino Courthouse to request a copy of the forms you will need to file a restraining order. There are four types of restraining orders in California: the Domestic Violence Restraining Order; Elder or Dependent Adult Abuse Restraining Order; Civil Harassment Restraining Order; and the Workplace Violence Restraining Order. If you are not sure about what type of restraining order, consult legal services or an attorney.

2. Fill out all the applicable forms based on the type of restraining order you are filing. For example, if you are filing a Domestic Violence Restraining Order you would need to complete the forms DV-100 and DV-110. See Resources at the end of this article for an example of the form DV-100. If you need assistance completing the paperwork, consult legal services or an attorney. Make several copies of the restraining order paperwork, including one for yourself, one for the courts, and one to be served to the offender.

3. Visit the Clerk's office and file the forms. The Clerk will give you a court date based on the type of restraining order you request.

4. Serve the offender. Ask someone you know or have local law enforcement personally serve the offender with a copy of the order. The server must be at least 18 years of age. Law enforcement will serve the order for free. You are not allowed to mail a copy of the order to the offender; it must be delivered directly to him or her.

5. Prepare for your hearing. Gather documents such as police reports that relate to the abuse or harassment to support your case. If you have witnesses, ask them for a written statement or request that they appear to testify. The judge or the offender's attorney may ask you questions regarding the case, so be prepared to discuss what happened, in detail. Write out a list of points that support your case and bring it with you so you don't forget anything.

6. Appear at your scheduled court hearing on time. Speak slowly and clearly when you answer any questions. Tell the truth and give complete answers. Do not interrupt when someone else is speaking. After the hearing takes place, the judge will decide what the order will be. The judge will sign the order, and you will receive a certified copy. File the certified copy with your local police department and keep a copy with you at all times.

References

• California Courts Self Help: Restraining Orders
• Diefer Law Group: Restraining Orders

Resources

• California Form DV-100: Request for Order
• San Berdardino County Superior Court