Civil Restraining Orders
IF YOU ARE IN IMMEDIATE DANGER, CALL 911. During hours that the Court is closed a law enforcement officer can issue an Emergency Protective Order which lasts from 5 to 7 days. If you are not in immediate danger but need protection, you can apply with the Civil Department for a temporary restraining order until a permanent one can be put in place.
Who can file?
When there has been physical or emotional abuse, threats, stalking, harassment, or other acts of violence, you may apply to the Court for an order restraining a person from all contact with you, your children, and other family members; from living in the residence; and to stay away from you, your home, your vehicle, your residence, your place of work, and the children's school and/or place child care.
Where do I file my restraining order?
The relationship to the party you are trying to restrain is very important. If there is an immediate family connection or prior relationship of any type with the restrained person those cases will need to be handled in the Family Law Department. If the filing party or person requesting protection is 65 years of age or older it would be more beneficial to file the restraining order with the Probate Department. All other relationships between friends, neighbors, aquaintances or people you do not know can be filed with the Civil Department. It is important to file with the proper department because each department handles the process differently. Please check with the clerks office to make sure you are filing the restraining order in the proper department. Please refer to the chart if you are mot sure where you should file your request for a restraining order.
What is a Civil Harassment Restraining order?
Civil Harassment forms are used to get a restraining order against someone who is intentionally and continuously harassing you, and when there is no domestic or family relationship between you and the other party. There are filing fees for a Civil Harassment restraining orders unless ordered by the judge when there is a direct issue or threat or violence involved or if you have a low income and qualify for a waiver of court fees. Workplace Violence forms are avaiable in the Civil Department and must be used if you are an employer or work for a corporation where there has been violence or threats of violence against employees.
When can I file my Civil Harassment Restraining Order?
Civil Harassment Restraining Orders and Workplace Violence Restraining Orders can only be filed during the Ex Parte hours, which are held on Mondays-Fridays at 2:00pm. You must be in the court room by 2:00 pm, no later than 2:15pm. If you are later than 2:15pm the courtroom will not allow you to enter. Please check in with the Civil Department Clerks Office to check which courtroom the Ex Parte hearings will be heard for that day. Your restraining order packet must be completed prior to 2:00pm to be seen by the judge. The clerks office does not file the papers first. The papers will be reviewed by a judge and then must be filed with the court. Someone over the age of 18 must serve the papers on the other party. The Sheriff's Office will attempt service of process for all restraining orders free of charge. They are located at 400 County Center, 3rd Floor, Redwood City, California
At the time you submit your restraining order, you must fill out a confidential Law Enforcement Supplemental Information form. This form requests descriptive information, including birth date, home and work addresses and telephone numbers, and the driver's license number of the person you seek to have restrained. Bring all information you have with you. The purpose of this form is to make sure that your restraining order can be enforced and that it can be entered into a Statewide Protective Order Registry which is available to all law enforcement agencies.
Will there be a court date?
No matter if the temporary restraining order was approved or denied at the time of filing, there will be a hearing set about three weeks later. This will be the time for the judge will further review your case to determine if there is a need for a permanent restraining order to be put in place.
What forms are necessary?
Different forms are used to get different types of restraining orders. ALL forms are available for no charge from the Clerk's office located at the Hall of Justice, 400 County Center, Redwood City, CA 94063, on the first floor, Room A. Please check the office hours (hyperlink) before visiting the Clerk's office.
How do I respond to a Civil Harassment Restraining Order?
If you were served with a request for a civil harassment restraining order the response forms are as follows:
For Civil Harassment Restraining Orders the following forms are required:
- NOTICE TO PROTECTED PARTY SHEET
- CH-100- INFO
- CIVIL CASE COVER SHEET CM-010
- FIREARMS RELINQUISHMENT OPTIONS SHEET