Amador — DV-500-INFO

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/dv500info_0.pdf

DV-500-INFO Can a Domestic Violence Restraining Order Help Me?

What is a “domestic violence restraining Am I eligible? order”? You can ask for one if: It is a court order that can help protect people who have u You want a restraining order against:been abused by someone they've had an intimate • Your spouse, ex-spouse, registered domesticrelationship with, are closely related to, or have lived with partner, or ex-registered domestic partner;as more than just roommates. • Someone you have a child with; • Your parent, child, sibling, or grandparent (includes How can the restraining order help me? in-laws); The court can order the restrained person to: • Someone you live with or used to live with (more • Not contact or go near you, your children, other than just roommates); relatives, or others who live with you; and • Not have any guns or ammunition; • Move out of your home; vThat person has been abusive. • Obey child custody and visitation orders; Abuse can be spoken, written, or physical. It can be • Pay child support; physical, sexual, or emotional. It includes threats to • Pay spousal support; and harm you or your family, stalking, harassment, • Obey orders about property. destroying personal property, repeatedly contacting you, and disturbing your peace.

Does this request cost money to file? Disturbing your peace means destroy your mental or No, filing this request with the court is free. emotional calm. This can be done directly or indirectly, such as through someone else. This can also be done in any way, such as by phone, over text, or How soon can I get the order? online. Disturbing the peace includes coercive control. The judge will decide within one business day whether to Coercive control means a number of acts thatgrant you a temporary restraining order. Sometimes the unreasonably limit the free will and individual rightsjudge decides sooner. of any person protected by this restraining order. Examples include isolating someone from their friends, relatives, or other support; keeping them from How long does the order last? food or basic needs; controlling or keeping track of If the judge makes a temporary order, it will last until your them, including their movements, contacts, actions, hearing date (court date). At your court date, the judge will money, or access to services; and making them do decide whether to grant you a long-term restraining order something that they don't want to do by force, threat, that can last up to five years. or intimidation. This includes threats related to actual or suspected immigration status. Do I have to go to court? Yes. Go to court on the date the clerk gives you. If you do How do I ask for a domestic violence not, any order you have will end. To learn more about restraining order? what to expect at your court date go to See form DV-505-INFO, How Do I Ask for a Temporaryhttps://selfhelp.courts.ca.gov/prepare-your-restraining- Restraining Order? The forms are available at anyorder-court-date or read form DV-520-INFO, Get Ready California courthouse or county law library or at:for the Restraining Order Court Hearing. www.courts.ca.gov/forms.

Judicial Council of California, www.courts.ca.gov Revised January 1, 2022, Optional Form Can a Domestic Violence DV-500-INFO, Page 1 of 2 Restraining Order Help Me? (Domestic Violence Prevention)

DV-500-INFO Can a Domestic Violence Restraining Order Help Me?

What if I don’t qualify for a domestic violence What if I don’t have a green card? restraining order? You can get a restraining order even if you are not a There are other kinds of restraining orders you can ask for. U.S. citizen. If you are worried about deportation, talk Here are some examples: to an immigration lawyer. • Civil harassment order (can be used for neighbors, roommates, cousins, uncles, and aunts). Do I need a lawyer to make this request? • Dependent adult or elder abuse restraining order (if No, but this type of request can be hard to get through on you are at least 65 or a dependent adult). • Gun violence restraining order (to prevent someone your own. Free help may be available at your local court's self-help center. (See below.) from hurting themselves or others with a firearm). Note that all restraining orders include a firearms restriction. A gun violence restraining order gives Where can I find a self-help center? limited protection because it only restrains the person Find your local court's self-help center at from having firearms and ammunition. www.courts.ca.gov/selfhelp. Self-help center staff will To learn more about other kinds of restraining orders go to not act as your lawyer but may be able to give you https://www.courts.ca.gov/selfhelp-abuse.htm. information to help you decide what to do in your case.

Can I use the restraining order to get Where can I find other help?divorced or terminate a registered domestic partnership? The National Domestic Violence Hotline provides free and private safety tips and help in over 100 languages.No. These forms will not end your marriage or Call them at 1-800-799-7233; 1-800-787-3224 (TTY);registered domestic partnership. You must file other or visit online at www.thehotline.org.forms to end your marriage or registered domestic partnership. I need an interpreter. How can I get help? You may use form INT-300 to request anCan the order stop the other parent from taking our children away? interpreter or ask the court clerk how you can request one.If you get a temporary restraining order that includes an order for custody, the parent with custody may not I have a disability. How can I get help? remove the child from California before notice to the You may use form MC-410 to request assistance. Contactother parent and a court hearing on the request to the disability/ADA coordinator at your local court forestablish or modify custody. Read the order and form more information.DV-140, Child Custody and Visitation Order, if issued, for any other limits. There are some exceptions. Ask a lawyer. Request for Accommodations

Assistive listening systems, computer-assisted

Is the restraining order valid outside of real-time captioning, or sign language interpreter California? services are available if you ask at least five days Yes, the restraining order would be valid anywhere in the before the hearing. Contact the clerk’s office or go to www.courts.ca.gov/forms.htm forUnited States. This means that police must enforce the Disability Accommodation Request (formrestraining order anywhere in the country. MC-410). (Civil Code, § 54.8.)

Revised January 1, 2022 Can a Domestic Violence DV-500-INFO, Page 2 of 2 Restraining Order Help Me? (Domestic Violence Prevention)

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