For assistance, please email your name and telephone number to email@example.com, or call (831) 647-5800 x3005.
Q: What are restraining orders?
A restraining order is one way to protect yourself from physical, emotional or financial abuse, and property destruction. There are different kinds of restraining orders available through the court system. Each has different eligibility requirements, and some are limited in the relief that they can provide.
Q: What is an emergency protective order?
An EPO is a type of restraining order that only law enforcement can ask for by calling a judge. Judges are available to issue EPOs 24 hours a day. So, a police officer that answers a domestic violence call can ask a judge for an emergency protective order at any time of the day or night.
- The emergency protective order starts right away and can last up to 7 days or as determined by the judge. The judge can order the abusive person to leave the home and stay away from the victim and any children for up to a week. That gives the victim of the abuse enough time to go to court to file for a temporary restraining order.
- To get an order that lasts longer than an EPO, you must ask the court for a temporary restraining order (also called a “TRO”)
Q: What is a temporary restraining order (TRO) and how long does it last?
A: If a TRO is issued, it will expire at the first hearing date unless extended. When you go to court for the hearing that was scheduled with your TRO, the judge may issue a “permanent” restraining order which can last up to 5 years.
Q: How do I know what type of restraining order to file?
An interview tool that will help you determine which type of restraining order is best for your situation can be accessed at File @ Home
Q: How do I file a request for a restraining order if the Clerk’s office is closed?
- For restraining order assistance please contact the Self Help at (831) 647-5800 x3005 or email your name, telephone number, and court case number (if you have one) to firstname.lastname@example.org. Staff will be able to assist you on the phone with the preparation of your documents. If you already have a completed restraining order you may come to the clerk’s office and drop it off at the clerk’s window. Limited staff working in the clerk's office will be able to accept a completed document and will not be able to confirm it is filled out accurately. For review and assistance please contact the Self Help Center at (831)647-5800 x3005. Restraining Orders may also be filed electronically. You may select an E-File service provider of your choice, many of whom are listed on our web site at this link. There you will find useful instructions as well as at File @ Home.
- For restraining orders, the following link may be of assistance to you: File @ Home
- PAPER OPTION:Use the Basic Domestic Violence Request Packet. This “Quick Start” Basic package will let you fill in the forms on your phone/computer and then print out. (Option - use the full packet on the Forms page)
- Print your completed forms and mail or drop in the drop box or bring for in person filing to Monterey Superior Court at 1200 Aguajito Road, Monterey, CA 93940 or place in the Monterey Courthouse Court Drop Box in the patio area before the courthouse steps.
- This Basic Packet was designed for protection for you and up to 3 other persons. It does not include a request for support, debt or property control orders. We also have a Response Packet available.
- The “Quick Start” Basic packet makes it much easier to fill out your forms, because the forms are engineered to use the information you type in every place it is needed. There are also comments on the forms to give you tips (Green Question Marks) and prompts for areas on the forms to fill out. You will only be filling in the:
- Quick Start Page
- CLETS-001 Form
- Request for DV Restraining Order DV-100 (and attached requests for children)
- There are 2 versions – click here for Basic Packet with Custody/Visitation Orders and click here for Basic Packet for No Children or No Custody/Visitation Orders.
Q: Where can I get help to obtain a restraining order?
- Call 911 if it is an emergency. Your local law enforcement agency may be able to help you obtain an emergency protective order until you have time to request a restraining order from the court.
- Talk to a lawyer. For help click here, finding a lawyer.
- Contact YWCA MC Legal Advocacy.
- Contact our Self-Help Center.
Q: I was just served with a Temporary Restraining Order. How do I respond?
- First, read the Temporary Restraining Order papers carefully and comply with every order made by the judge. Failure to abide by the orders is a crime and you could be arrested and charged.
- You may file an answer to the restraining order request, explaining your side of the story. If you prefer, you can wait until you attend the hearing to tell your side of the story.
- You may wish to talk to a lawyer. Finding a Lawyer.
- California Courts Abuse & Harassment website has more useful information.
- You may also contact our Self-Help Center.
Q: What effect does a Restraining Order have on Child Custody and Visitation?
The Judicial Counsil has prepared an information sheet one the subject of Domestic Violence and Child Custody/Visitation English
. It outlines the factors, as specified in Family Code 3044 that will be considered by the court in your specific case. You may want to seek legal counsel for advice on how Family Code 3044 may apply to your specific situation.
Q: What are Gun Violence Restraining Orders?
as they are known is a court order that prohibits someone from having a gun, ammunition or magazines.
Q: Who can ask for a GVRO?
Only a close family member or a law enforcement officer can ask a judge for a Gun Violence Restraining Order. Close family members are:
If you are not closely related to the person you want to restrain but are still concerned about what they may do with their gun, call the police.
- Your spouse or domestic partner
- Your parents, children, siblings, grandparents, grandchildren and their spouses (including stepparents or stepgrandparents)
- Your spouse’s parents, children, siblings, grandparents and grandchildren
- Any person who regularly lives in your house now, or within the last 6 months.