Superior Court of California
County of San Diego
INSTRUCTIONS FOR
DOMESTIC VIOLENCE RESTRAINING ORDERS (DVTRO)
Warning: If
you are a victim of domestic violence you should not try to complete these
forms by yourself. The way you mark the
boxes and the information you provide, may limit the Court’s ability to make
orders on your behalf. There is help
available. You should either consult
with an attorney or ask for free help at any of the DOMESTIC VIOLENCE
RESTRAINING ORDER CLINICS operated at each Court location in this County. The FAMILY LAW FACILITATOR is also available
to help you. See additional
information on the other side of this sheet.
If you choose to complete the Domestic
Violence Restraining Order forms without assistance, please read the following:
1.
Before
you begin, read the forms and this instruction sheet completely. Remember to
type or print clearly in black ink.
2.
This
Domestic Violence Restraining Order application can be used to open a new case
or, if you already have a Dissolution (divorce), Legal Separation, Nullity,
Paternity or Bureau of Child Support Enforcement (San Diego County District
Attorney) case with the person to be restrained, your application must be filed
in that case. If you have an existing
case, put that case number on each of the forms.
3.
Fill out the following forms from the
Domestic Violence Restraining Order packet:
·
FAMILY
LAW CERTIFICATE OF ASSIGNMENT
·
ORDER
TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER
·
APPLICATION
AND DECLARATION FOR ORDER
·
ATTACHED
DECLARATION FORM (if needed)
If you also
need the person to be restrained removed from your residence, fill out the
form:
·
ORDER
FOR REMOVAL
If you have minor children with the
person to be restrained, you must fill out the additional forms:
·
CHILD
CUSTODY, VISITATION AND SUPPORT ATTACHMENT TO APPLICATION AND DECLARATION FOR
ORDER
·
CHILD
CUSTODY AND VISITATION ORDER ATTACHMENT
·
DECLARATION
UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
·
FAMILY
COURT SERVICES SCREENING FORM
4.
Put your name as the “Person to be Protected” and “Protected Person.”
List the other individuals in your home that you wish to be protected. Put the
name of the person you wish to have restrained as the “Person to be Restrained”
and “Restrained Person.”
5.
Please Note: All the reasons
why the Court should grant your request for a restraining order must be stated
in your DECLARATION. Start with the
most recent incident of violence or threat.
State the date of the incident and describe in detail what
happened. Simply writing that the other
party was violent or threatened you is not enough. You must give specific details.
Use the ATTACHED DECLARATION form if you need additional space to tell
your story. You will not be able to tell the Court what happened at the time of
your hearing; everything you want to tell the Court must be in your written
DECLARATION.
6.
Filing completed forms: If you and the person to be restrained have no
existing family law case in San Diego County, or if your only existing case is
a case through the local Child Support Enforcement Agency or another Domestic
Violence Restraining Order case, go to the business office of the Court closest
to your home. If you and the person to be restrained have any other existing
family law case, go to the court where your existing case is filed and present
your forms to the Clerk. There is no fee to file a domestic violence temporary
restraining order. See Court locations
listed under Family Law Facilitator on the next page.
7.
Your
temporary restraining order application will be presented to a Judicial Officer
for signature. If the Court grants a
temporary restraining order, you will be told to return to the clerk’s office
for copies. The clerk will set a future
hearing date. You must arrange to have
the restrained person served with a copy of the temporary restraining order
prior to that hearing date.
8.
The clerk will direct you to the Sheriff’s Office, Warrant Division, to
make arrangements to have the temporary restraining orders served on the
restrained person. There is no fee for
this service.
9.
Remember: You must appear on
the Court hearing date. If you do not,
your temporary restraining orders will expire on the date of the Court hearing. If you were not able to arrange for the
restrained person to be served prior to your Court hearing, go to the hearing
anyway and ask the Court for additional time to serve. The Court will usually set another hearing
date and extend your temporary restraining orders to give you more time to
serve the restrained party.
10. On the date of your hearing, the Court
may issue permanent restraining orders for a period of up to three years and
will set a specific expiration date. You must prepare a form called Restraining
Order After Hearing. A copy of the
Restraining Order After Hearing must be given to the Sheriff’s Department. If you have children with the restrained
person, you may need to prepare attachments also. If you feel the need to extend these orders for another
three-year period, return to Court 60 days prior to the expiration date. No additional incidents of violence need be
shown to obtain an extension on the original restraining orders.
11. Keep a copy of your restraining orders
with you at all times. If the
restrained person violates the order, telephone the Police and give them your
case number.
·
DOMESTIC VIOLENCE
RESTRAINING ORDER CLINICS
Madge Bradley Building North County Courthouse Annex
FAMILY VIOLENCE SOLUTIONS CENTER 325 South Melrose Drive
1409 Fourth Avenue Vista, CA 92083
San Diego, CA 92101 Monday, Tuesday,
Wednesday and Friday
Monday through Friday 8:30 a.m. – 2:30 p.m.
8:30 a.m. – noon; 1:00 p.m. - 4:30 p.m.
East County Courthouse South County Courthouse
250 East Main Street 500 3rd Avenue
El
Cajon, CA 92020 Chula Vista, CA
91910
Monday through Friday Monday through Friday
9:00 a.m. – noon; 1:00 p.m. – 4:00 p.m. 11:30 a.m. – 1:30 p.m.
·
FAMILY
LAW FACILITATOR
(Assistance is provided on an emergency
basis for domestic violence victims if Restraining Order Clinic is unable to
assist)
The San Diego Superior Court operates
this program. Hours: Monday - Friday
8:30 a.m. – 12:00 p.m. and 1:30 p.m.- 4:30 p.m.
Family Court -Lobby Vista Courthouse Annex East County (M-Th)* South
County
1555 Sixth Avenue 325 South Melrose Dr. 250
E. Main St. 500 3rd Ave.
San Diego, CA 92101 Vista,
CA 92083 El Cajon, CA
92020
Chula Vista, CA 91910
Court Records
Section: Court Business Office: Court Business Office: Court Business Office:
(619) 236-0189 (760)
726-9595 (619) 441-4622 (619) 691-4875
REASONABLE ACCOMODATIONS PURSUANT TO
CALIFORNIA RULE OF COURT 989.3 WILL BE MADE FOR PERSONS WITH DISABILITIES. ADVISE THE CLERK OF NEED IN ADVANCE OF THE
HEARING DATE.
06/01/01