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%d bloggers like this:Domestic Violence Restraining Orders - Superior Court of California
& Domestic Violence Restraining Orders
Related Links
Domestic Violence Restraining Orders
This page tells you about:
Get help in person with your restraining order!
Visit the Court's .
What is Domestic Violence?
Domestic Violence can be physical violence, a verbal threat of physical violence or
a pattern of harassing behavior.
The victim and the abuser must have a close relationship (married,
divorced, separated, dating or used to date, live together or used to live
together as a couple), or be related (parent, child, brother, sister,
grandmother, grandfather, in-laws).
Domestic violence is also called “abuse”. &Abuse& means to hurt, throw
things, pull hair, follow, harass, sexually assault, murder, break into
the victim’s home or work, destroy or steal the victim’s property,
intimidate or to threaten to do any of these things. Abuse can be spoken,
written, emotional or physical.
Domestic violence is always bad for children. It is never OK, in any
How to get an Emergency Protective Order
If you are in danger, call 911!&
If you are in danger, ask a law enforcement officer to ask for an
Emergency Protective Order from a Judge. You can ask for an Emergency
Protective Order any time of the day or night.
But, an Emergency Protective Order only lasts for 5 court days or 7
calendar days.
To get a restraining order that lasts longer, you must file
Family Court.
If you need emergency shelter, help with your restraining order, or
support in court, call one of the phone numbers below& to get help from domestic
violence resources in your community:
For North County, call
crisis hotline (800) 572-2782&
For Central County, call
24-hour crisis hotline (408) 279-2962&
For East San Jose, call
24-hour crisis hotline (408) 279-2962&
For South County, call the
Women's Shelter
24-hour crisis hotline 877-363--END-SADV)&
For help county-wide, call the Asian Women’s Home () Domestic Violence
Program 24-hour crisis hotline (408) 975-2739&
In Fremont, call SAVE ()
24 hour crisis hotline 510-794-6055&
For Santa Cruz, call Women's Crisis Support
831-477-4244&, both
English and Spanish.
How to get a Domestic Violence Restraining Order
To get a Domestic Violence Restraining Order, you must fill out Domestic
Violence Prevention forms. You can get them from:
Located on the lower level of the in downtown San Jose
Clerk’s Office at the
in downtown San Jose (free)
Online at the
page (free) (Choose &Domestic Violence& from the dropdown menu. Forms
are available in English, Chinese, Korean, Japanese, Vietnamese and
Spanish but the forms must be filled out in English)
Bookstores and print shops that have legal forms
For help filling out the forms:
Contact one of the agencies listed above. Most agencies
will send a support person to go to court with you. That person can also
write up your restraining order after the court hearing. or
You can also call a lawyer for legal advice or to
represent you in court by looking in the telephone book or calling
Lawyer Referral.
For additional information, read the Judicial Council information
Can a Domestic Violence Restraining Order Help Me? ()
How Do I Ask For a Temporary Restraining Order (), and
For more information on
domestic violence, go to the .
If you have children together but were never married, file
action at the same time so you can ask for more permanent
custody and
visitation orders.
Fees and fee waivers
There are no filing fees for Domestic Violence Prevention restraining
There are filing fees for Civil Harassment restraining orders unless there
is violence, so be sure to clearly describe any violent acts you have
suffered. There are no filing fees for Civil Harassment restraining orders
to protect against violence.
A filing fee is required to start or respond to a divorce, or to start a
parentage action, but you may
apply for a fee waiver if you have very low income.
How to fill out and file the Restraining Order
Note: if you
want your address to be confidential, please contact the State website
for information about getting a safe confidential mailing address to use on your court forms. Note - there are helpful video instructions for some of these forms. Click on the video links below.
Fill out these forms to ask for a restraining order. The forms must be
filled out neatly in blue or black ink:
Request for Domestic Violence Restraining Order, ()
See A/V instructions for
Notice of Court Hearing (Domestic Violence Prevention ()
See A/V instructions for
Temporary Restraining Order ()
Confidential CLETS Information ()
If you have minor children with the person you want protection from,
you also MUST fill out:
Child Custody, Visitation, and Support Request (
Child Custody and Visitation Order ().
If you want child support,
you also need to fill out:
Income and Expense Declaration (),* or
Financial Statement (Simplified) ().*
*Read Which Financial Form-FL-155 or FL-150? () to find out which form is right for you. See A/V instructions for
If you want spousal support, you also need to fill out:
Income and Expense Declaration ()
You will also need to fill out:
Declaration
in Support of Ex Parte Application For Orders ()
If you would like the sheriff to serve your forms at no cost, you also need to fill
Request for Sheriff to Serve and Sheriff's Fee Statement ()
The clerk of the Court will give a copy of the papers to the Sheriff's
Office if you have requested that they serve the person you want
protection from. You must be able to provide the Sheriff's Office with an
address (home or work) in Santa Clara County for the person you want
restrained.
If you don't have an address in this County but have an address in
another County, submit the forms anyway so the Judge can approve free
service by the Sheriff, even in the other county. Then when you pick up
your forms you can deliver them to the Sheriff in the county where the
person to be restrained lives or works so that county's Sheriff can serve
the person.
If you need to file a parentage action (if you have children
with the other party but were never married to them) review the .
Take your completed forms to the Court Specialist at the . A judge will look at your forms within 24 hours and let you know if
you will get a temporary restraining order or not.
Check on the status of your forms online! After your forms are filed, you can go to the Court Specialist to see whether they are ready to
pick up. When you pick your forms up from the Court Specialist, check
to see if the judge made any changes to the orders you asked for.
You will have a court hearing in about three weeks so the judge can decide if
the orders will continue for up to five years. Make sure to come to this
court hearing.
The Court will keep the
original for the court file and give you five certified copies. If you need more
copies you can make them yourself.
What to do with your copies:
Keep one copy with you, always. You may need to show it to
the police.
Keep another copy in a safe place.
Give a copy to anyone else protected by the order.
Leave copies at the places where the restrained person
is ordered not to go (your school, work, etc.).
Give a copy to the security officers in your apartment
and office buildings.
The Court sends your restraining order to get entered into a special
computer system at the California Department of Justice. That way, police
officers across the state can find out about your order.
for the date and time of your court hearing. You must
go to your hearing to get an order that can last up to 5 years. The order
you have now only lasts for about 3 weeks.
Serve the Restraining Order forms
Someone who is over 18 and not protected by the restraining order must
personally serve (give) a copy of the restraining order forms to the other party at least 5
days before the Court hearing.
The forms can be served by someone you know, a process server, or the
The server must also give the other party a blank Response to Request for Domestic Violence Restraining Order () for them to fill out.
See A/V instructions for . The Sheriff will serve the forms free. ()
A &process server& is a business you pay to deliver court forms. Look in
the Yellow Pages of your phone book, under &Process Serving.&
File your Proof of Service
The Proof of Service
(In Person) () shows the judge and police that the restrained person got a
copy of the order. Make two copies of the completed Proof of Service. Take
the original and 2 copies to the Clerk’s Office before your hearing. The
clerk will keep the original and give you back the copies stamped &Filed.&
Bring a copy to your hearing.
Keep 1 copy with you and another in a safe place in case you need to show
it to the police.
If the restrained person wasn't served...
The restrained person must be served before the hearing. If the
restrained person wasn't served, fill out a Request to Continue Court Hearing and Reissue Temporary Restraining Order
() and a Notice of New Hearing and Order on Reissuance () to ask the judge for a new hearing date. Do this before or at
your hearing. (If you wait until after the hearing, you have to start from
the beginning.)
If the judge signs this order, the restraining order will last until the
new hearing date.
File the signed Request to Continue Court Hearing and Reissue Temporary Restraining Order
() and Notice of New Hearing and Order on Reissuance () with the clerk.
Attach it to your other court papers and get the
restrained person served with all the restraining order papers and the reissuance.
Bring a copy to your hearing.
After serving the orders, the server fills out and signs the Proof of
Service (In Person) () and gives it to you. Make sure the Proof of Service shows the
Reissuance form was served along with the DV forms you filed. File your Proof of Service.
For more information, read How to Ask for a new Hearing Date ().
What do I do next? Get ready for your hearing.
Be prepared:
Bring all other papers that you have not already filed that support
your case. Bring at least three copies: one for yourself, one for the judge,
and one for the person you want to have restrained.
You can bring a friend or relative for support, but that person must
not talk for you in court. If you are representing yourself your support
person may sit with you, even during a hearing.
You can bring a witness but the judge may not have time to talk to
them. If you bring a written statement of what the witness saw or heard
make sure it is written under oath. You must file and serve witness
statements at the same time as you file your Request for Order () and Temporary Restraining Order ().
Do not bring your children.
Don't miss your hearing! If you miss it, you will have to start from the beginning.
Get to court 30 minutes early:
Find the courtroom.
If you are afraid of the restrained person, tell the
officer. They can have a deputy walk you to and from your car if you
Watch the other cases so you will know what to do. You
can also come to watch hearings before your court date to learn about
the process.
When your name is called, go to the front of the
courtroom.
Your hearing may last just a few minutes, or up to
one-half hour.
For more information, read
What if I don't speak English?
The court will give you an interpreter if you speak Spanish or Vietnamese.
If you speak another language, check with the Clerk's Office to see if they can get an interpreter who speaks your language.
Do not ask a child to interpret for you.
No one who is listed on your papers can interpret for you.
What if I have a disability that affects my ability to appear in court?
If you have a disability that you feel affects your ability to appear in
court, contact the clerk at least 1 week before the hearing. For
more help, read .
What's the best way to prepare?
Make a list of the orders you want and practice saying them.
If you get nervous at the hearing, just read from your list. Use that list
to see if the judge has made every order you asked for.
The judge may ask questions:
Tell the truth. Speak slowly. You can read from your
The restrained person or his or her lawyer may also ask
you questions.
Do not interrupt the judge or the restrained person,
Give complete answers.
If you don't understand, say &I don't understand.&
If you do not agree with what the restrained person says
in court, wait until he or she finishes talking. Then tell the judge.
Speak only to the judge unless it is your turn to ask
questions.
The judge will decide:
At the end of the hearing, the judge will say what the
orders are. Important! Have the Restraining Order After Hearing () written up and filed the day of the Court hearing so
there is no gap in your protection!
Make sure your Restraining Order After Hearing says what
the judge ordered and that you understand it. Sometimes Court staff fill
out the form for you or you may be referred to the . If not, fill it out yourself. For more help
with the forms you'll need after the hearing, visit the Restraining
Order Help Center.
If the judge makes the orders, the judge will sign your
Restraining Order After Hearing (). Take it to the clerk to file it. The clerk will give you five
&filed-stamped& copies free.
The judge may &continue& your case. This means you have to come back
another day. The judge can do this if:
Your hearing is taking longer than planned.
The judge wants more information.
The restrained person needs time to get a lawyer or write up and
file an Answer.
If your case is continued...
Fill out a Restraining Order After Hearing () with the new Court date
The judge will sign the form and give you a new hearing date.
Take it to the clerk, file it, and ask for five &filed-stamped& copies.
Now your orders will last until the new hearing date.
Bring all your papers back to court at the next hearing.
What about child custody or visitation?
If you need child custody or visitation orders, the judge will send
you to speak with a
Mediation helps parents agree on a plan for custody and visitation
that is best for the children. Visit the
to learn more about mediation.
In Domestic Violence cases, the mediator can meet with parents separately
if you ask for that. You can bring
a support person with you to mediation.
What happens after the hearing?
If the judge makes the orders, go to the clerk and file ,
Restraining Order After Hearing.
If the restrained person was at the hearing, you can have him or her
served with a copy of
by mail. Ask the server to complete a
Proof of Service by Mail () and give it to you.
If the restrained person was served but was not at the hearing, and the
judge's orders are the same as the temporary order, you can have him or
her served with a copy of
by mail. Ask the server to complete
a Proof of Service by Mail () and give it to you.
The Sheriff's Office may be able to serve these orders as well. ()
If the restrained person was served and was not at the hearing, and the
judge's orders are different from the temporary order, you must have
someone serve
in person, not by mail. Ask the server to
complete a Proof of Service (In Person) () and give it to you.
Remember, you can NEVER serve the orders yourself.
Take your Proof of Service ( or ) to the clerk and
file it. Keep a filed copy.
Other things you should know
What to do with your Restraining Order
Keep a copy of the Order with you at all times and a copy at home, in your
car, at your work, and at your child's school and/or daycare provider(s).
If the abuse caused you to lose money
You can ask for
restitution (to pay for medical bills, lost wages, property damage,
legal fees for an attorney, and reimbursement for cost of shelter
services) in your Request for Order.
Custody/Visitation
Custody and visitation orders made under the Domestic Violence Protection
Act (DVPA) are temporary. If you are married to the other parent, you must file
for a Dissolution (Divorce) or Legal Separation to get more permanent custody orders
If you did not go to the court hearing and the judge made a restraining
order against you, you can still ask the court to see your children. Visit
File a Request for Order for visitation: The Court can make an
exception to restraining orders for peaceful contact for court ordered
visitation, or it can order supervised visitation. Also, check the court
file to see if the judge ordered you to Family Court Services for
mediation. Visit the
Child Support:
If you want child support, you must fill out an Income and Expense
Declaration or Simplified Financial Statement. File it with your DVPA
papers and have it served with a blank form to the other party.
Mediation and Domestic Violence
If there is a history of domestic violence, you can ask to be placed in a
Mediation session separate from the abuser. You will have to sign a
Written Declaration stating that there has been violence. You must also say
on your Family Court Services' application form that you want to meet with the
mediator at separate times.
What if I Don't Have a Green Card?
You can still get a restraining order. The people at the courthouse do
not work for the INS (Immigration and Naturalization Service). If you are
worried about deportation, talk to an immigration lawyer. The
may be helpful.
What is the difference between a Domestic Violence (DVPA) and a
Criminal Protective Order?
Domestic Violence Orders and Civil Restraining Orders are not the same.
to learn how they are different.
Note - the flyer refers to Domestic Violence Restraining Orders as Civil
Restraining Orders.
What if I have a Domestic Violence Restraining Order Criminal
Protective Order?
There is important information you need to know if you have both a
Domestic Violence Restraining Order and a Criminal Protective Order. . Note - the flyer refers to Domestic
Violence Restraining Orders as Civil Restraining Orders.
More Questions?
If you have questions or want more information, go to the .
Or, visit the .The Tyranny of Homework: 20 Reasons Why You Shouldn?t Assign Homework Over The Holidays - InformED :
InformED - Teachers Don?t Need to Have All the Answers
Please click
if you are not redirected within a few seconds.
on Thursday, December 20, 2012 &
Many students agree that homework over the holidays really is a form of cruel and unusual punishment.
Upon returning from winter break, you?ll probably have a handful of students saying the dog ate their homework or it got blown away in a winter storm. But you?ll probably be surprised to learn that some research suggests too much homework can be a bad thing. , suggests that some districts have cut back on the amount of homework in the effort to consider children?s social development. In fact, the San Ramon Valley district modified its homework policy and no homework is allowed over weekends and holiday vacations, except for reading.
The US National Education Association recommends no more than ten minutes (of homework) per grade level, per night.
Homework has fallen in and out of favor over the decades.
California even established a law in 1901 limiting the amount of homework teachers could assign. Homework is highly in favor now a days.
With recent trends of information overload, packed activity schedules, and childhood obesity, it?s no wonder educators are reconsidering their stance on homework.
Here are 20 reasons why you shouldn?t assign homework over the holidays. Perhaps one of your students will print this list and encourage you to reconsider your ideas about homework.
Students are learning all the time in the 21st century. According to a
in MindShift traditional homework will become obsolete in the next decade.
Thanks to computers, learning is occurring 24/7.
With access to software programs, worldwide connections, and learning websites such as the Khan Academy, learning occurs all the time. According to Mindshift, ?the next decade is going to see the traditional temporal boundaries between home and school disappear.?
Try to see if you can bridge the gap between school and home by getting students interested in doing their own research over holiday break.
Rather than assigning homework, create a true interest in learning.
They will often pursue learning about topics they like on their own.
After all, this is the way of the 21st century and information is everywhere.
More homework doesn?t necessarily equate to higher achievement. Yes, too much homework can actually be a bad thing.
A 1989 Duke University study that reviewed 120 studies found a weak link between achievement and homework at the elementary level and only a moderate benefit at the middle school level. In a similar recent review of 60 studies,
found homework was beneficial, but assigning excessive amounts of homework was counterproductive. The research found homework was more beneficial for older students than younger ones. The study was completed by Harris Cooper, a leading homework research and author of ?The Battle over Homework: Common Ground for Administrators, Teachers, and Parents?. Cooper suggests that teachers at the younger level may assign homework for improving study skills, rather than learning, explaining why many studies concluded less benefit for younger children.
Many teachers do not receive specific training on homework. Cooper suggests that homework should be uncomplicated and short, involve families, and engage student interests.
Countries that assign more homework don?t outperform those with less homework.
Around the world, countries that assign more homework don?t see to perform any better.
found that in counties like Japan, Denmark, and the Czech Republic little homework was assigned and students outperformed students in counties with large amounts of homework such as Greece, Thailand, and Iran.
American and British students seem to have more homework than most counties, and still only score in the international average.
In fact, Japan has instituted no homework policies at younger levels to allow family time and personal interests.
Finland, a national leader in international tests, limits high school homework to half hour per night.
Of course, there are other factors not taken into account in the study, such as length of the school day.
But in itself, it is interesting to see this issue from a world perspective.
Instead of assigning homework, suggest they read for fun.
There are great holiday stories and books you can recommend to parents and students.
If you approach the activity with a holiday spirit, many students will be engaged.
They may want to check out the stories on their own.
You can start by reading the first chapter in class and leaving them intrigued.
For instance, you can read the first chapter of The Gift of the Magi and suggest students read it over winter break.
With younger students, you might promise roles in a play for students who read over break.
Don?t assign holiday busy work.
Most academics agree that busy work does little to increase learning.
It is best to not assign packets of worksheets if they do nothing to add to student learning. You also don?t want to waste valuable time grading meaningless paperwork.
Some studies show that much homework may actually decline achievement. Assigning excessive amounts of homework may be detrimental. In fact, a
found that reading achievement declined when students were assigned too much homework.
Actually, interesting reading such as Harry Potter produced higher reading achievement.
Have students attend a local cultural event.
You can let parents know that instead of assigning homework, you are suggesting students attend a particular event that relates to your classroom.
For instance, if you are reading Shakespeare, they might attend a related play or ballet.
Family time is more important during the holidays.
Assigning less homework makes it easier for families to have time together. Family studies at the University of Michigan, show that family time is extremely important to achievement and behavior.
Studies on family meals, suggest that students who have dinner with their family have better academic scores and behavioral outcomes.
Perhaps this is only a correlation, but family time is undeniably important to child development. Students spent most of their days at school while parents are at work. When all is said and done, remember what it was like being a kid.
The things you remember most about the holidays aren?t the assignments you took home, but the time you spend with family and friends.
For students who travel during the holidays, homework may impede learning on their trip. The Holiday time is the one time of year that many families reconnect with distant family members or travel.
I remember having to pack hoards of books over some holidays to Spain and it was not fun.
I wanted to enjoy the time with family and experience the country fully.
Traveling in itself is a learning activity.
Let students experience their travels fully.
Kids need time to be kids.
A recent article from Australia?s Happy Child website,
considers this issue and explains how children need unstructured play time.
Homework can have a negative influence on early learning experiences.
Suggest students use holiday time to do physical activity, such as ice-skating or sledding.
Many kids don?t get enough exercise.
Childhood obesity is a major problem in the United States.
Suggesting students play outside or participate in a sport is a good way to get them to value physical activity.
The holidays are a great time for kids to go sledding in the snow or play with friends outside.
If no one has homework, classmates might exchange phone numbers to play together.
You can suggest this to parents.
If the teacher thinks physical activity is important, students will too.
Some education experts recommend an end to all homework.
Etta Kralovec and John Buell, authors of
controversially suggests that homework may be a form of intrusion on family life, and may increase the drop-out rate in high schools.
The authors blame homework for increasing the achievement gap due to socio-economic differences in after-school obligations. Consider challenging your own views of the benefits of homework and try to create a level playing field when considering assignments.
Send a letter to parents explaining why you are not assigning work.
You might want to take the Christmas holiday as a chance to engage parents to play a learning game or do some art with their kids.
If families know there is an intentional purpose to not assigning work, they may take the chance to spend more one-on-one time with their child.
You can make the holidays a time for an ?open project? for extra credit.
Students might take this time to do something related to the curriculum that they would like to explore on their own terms.
Before the holidays, you might talk about topics or provide books students for students to take home.
Learning for fun and interest, might produce more meaningful engagement than assigned homework.
Suggest they visit a museum instead.
With families at home, the holiday time is a great time for students to see an exhibit that interests them or do a fun activity at a nearby museum.
Sometimes encouraging these field trips may be more beneficial than assigning homework.
You might want to print coupons, a schedule, or a list of upcoming exhibits so that families have the information at their fingertips.
Encourage students to volunteer during the holiday time.
The holidays are a great time for students to give back.
Students might volunteer at a local soup kitchen or pantry.
Volunteer organizations are often at their busiest during the holiday time.
Plus, students learn a lot from the experience of doing community service.
I remember visiting a group home during the holiday time in high school and helping kids wrap Christmas gifts for their families.
This is a great alternative to assigning homework, especially for Generation Y who highly values civic involvement.
Develop a class game.
You might have the class play a learning game the week before vacation and have them take it home to show their family.
My fourth grade teacher had hop-scotch math.
We often drew with chalk outside to replicate her game at home.
Try to think of a holiday-themed game or one that the whole family can get involved in.
Students might learn more from observing the real world. Learning isn?t just about paper and pencil activities.
Teachers should also inspire students to seek ways to learn from real-world experiences.
They might cook with their parents and practice measuring.
Or tag along with a parent who is putting up holiday lights or building a shed.
Ask students to observe a job around the house or ask their parents about their job over holiday break.
They might be enlightened to learn more about the real world and different jobs they might pursue in the future.
Perhaps some students might be able to go to work with their parents instead of a formal assignment.
Go on a hike.
Students learn a great deal from nature.
Tell students to go outside on a walk and be ready to share their experience when they get back.
Did they observe natural phenomena you talked about in science class or different types of rocks you discussed in geology?
Or can you tie their walk into a discussion of poetry?
Tell students to visit an amusement park.
If you are teaching physics or math, amusement parks give ample room to explain the laws of physics and mathematical probability.
This outing would allow students to think about the real world implications of science.
You may want to even plan a lesson beforehand that ties this idea in.
On another level, it allows students to create a lasting memory with their own families.
Kids need rest!
Everyone needs a mental breather and the holidays are the best time for students to play and take a break from school.
Kids need a full ten hours of sleep and adequate rest.
The vacation time is a great time for students to take a mental breather from school.
With many family outings and vacations during the holiday time, they will have less time to complete homework.
They will come back to school feeling re-energized.
Many parents and students dislike holiday homework.
You want parents to buy-in to your classroom community and support your endeavors with students.
Assigning holiday homework is usually unpopular with parents because it may the one time of year they have to give children their undivided attention.
Instead, you might want to take a survey to see if parents agree with the idea.
You can then send a letter with the survey results.
Taking parents? perspectives into account shows you value their opinions and feedback.
Students prefer some free time too.
Not surprisingly one student created a Facebook page, titled, ?Why do teachers give us homework over the holiday.?
If the students know you are giving them a break over the holidays they may work harder for you when they get back.
If you?re still not convinced, check out this
based on The Case Against Homework: How Homework Is Hurting Our Children and What We Can Do About It by Sara Bennett and Nancy Kalish.
If you are still going to assign some holiday homework, at least keep in mind some guidelines.
The US National Education Association recommends no more than ten minutes per grade level, per night.
If you must assign homework make sure it is meaningful and doesn?t take away from time with families.
And most of all, remember what it was like being a kid during the holiday time. Homework is generally not a part of those memories, nor should it be. Those days playing outside and spending time with family are lifelong memories just as important as school.
Childhood is over in the blink of an eye.
Miriam Clifford holds a Masters in Teaching from City University and a Bachelor in Science from Cornell. She loves research and is passionate about education. She is a foodie and on her time off enjoys cooking and gardening. You can find her
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