Nov. 25, 2014
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RESTRAINING ORDERS

There are several types of restraining orders which may be filed. Packets are available for $5.00, unless indicated otherwise, at the Clerk's Window between 8:30 a.m. and 3:00 p.m. Mondays through Fridays, excluding Court holidays.

Civil Harassment
  • differs from domestic violence as it is not for a person whom you have dated or is closely related to you, such as a roommate or neighbor.
  • the Self-Help Legal Center may be able to provide assistance in preparing documents. You may reach them at (209) 754-1443.
  • see the civil fee schedule unless threats of or actual violence have occurred. Fee waivers are available if you are unable to pay filing fee.
Domestic Violence
  • protects you from someone who is abusive, such as a spouse or former spouse; person you are dating; lover; mother or father of your child; anyone related to by blood, marriage or adoption; or person who regularly lives in your home.
  • the Crisis Center provides assistance in preparing documents. You may reach them at (209) 754-1300.
  • no fee for packet or to file documents.
  • may include Custody and Visitations orders, which are only temporary and are in effect for the same length of time as the restraining order only. The court encourages you to file a Family Law case in the county where the custodial parent and the children normally reside if you need more permanent orders.
Elder Abuse
  • an elder is defined as a person who is 65 years or older.
  • dependent adult is defined as a person who is between the age of 18 to 64 years and who has a mental or physical limitation that restricts his/her ability to carry out normal activities, and you are a victim of physical or financial abuse, neglect, abandonment, or isolation, or treatment that has physically or mentally hurt you.
  • the Crisis Center provides assistance in preparing documents. You may reach them at (209) 754-1300. The Self-Help Legal Center may also provide assistance in preparing documents. You may reach them at (209) 754-1443.
  • there is no filing fee for the packet or to file documents.
Workplace Violence
  • filed by an employer whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace.
  • the initial order is in the form of a temporary restraining order with a court hearing date, at which time a restraining order lasting up to three (3) years may be granted.
  • the Self-Help Legal Center may also provide assistance in preparing documents. You may reach them at (209) 754-1443.
  • see the civil fee schedule unless threats of violence or actual violence, please check the fee schedule for any changes. Fee waivers are available if you are unable to pay filing fee.
Emergency Protective Order
  • issued by a judge at the request of a law enforcement officer where there is a danger of domestic violence, child abuse, abduction or elder abuse. If the officer feels an emergency protective order is necessary, then the officer will contact the court to speak to a judicial officer.
  • If you are issued an emergency protective order, this protective order is only temporary and you must file an application for a permanent restraining order.
When will I get my order?

When you submit your restraining order for filing, you will be given a case number and instructed to contact the court either later that day or the next business day to see if your restraining order was granted. If your request is granted, a hearing will be set for you and the other party.

How is restraining order served?

It is the responsibility of the petitioner to have the respondent personally served by someone 18 years of age or older and not a party to the case. Proof of service for the respondent must be filed with the court prior to, or at the time of, the hearing.

If the person to be served lives or works in Calaveras County, the Sheriff may serve the document. You may contact the Calaveras County Sheriff's Civil Division Office Monday through Friday at (209) 754-6500. They can assist you in getting the other person served. If the person to be served lives and works outside of Calaveras County, contact the sheriff of that county for help.

What if I can't get the restraining order served in time for the hearing?

You may file a Reissue Temporary Restraining Order
(DV-115, DV-116, CH-115, CH-116, EA-115, EA-116, ) prior to the day your hearing is scheduled or you may submit the form at your hearing and request a continuance in court. If your request for continuance is granted, the Judge will sign the reissuance form and set a new hearing date. You will then need to have the Respondent served with the original restraining order paperwork and the reissuance form.

© 2014 Superior Court Calaveras County