Get a Domestic Violence Restraining Order in Novato, Marin County

Overview

An individual can seek a domestic violence restraining order against his or her (1) spouse or former spouse, (2) cohabitant or former cohabitant, (3) a person with whom he or she is having, or has had, a dating or engagement relationship, (4) a person with whom he or she has had a child, or (5) close relative such as a child, sibling, parent, in-law or grandparent.

For the purposes of a domestic violence restraining order, “abuse” means (1) intentionally or recklessly causing or attempting to cause bodily injury, (2) sexual assault, (3) placing another in a reasonable fear of immediate bodily injury, or (4) molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating another, falsely impersonating another, harassing, using a telephone to make annoying phone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of another.

In addition to requesting a domestic violence restraining order, an individual can make a request for child custody and visitation order, child support, spousal support, attorney’s fees and debt payments.

Forms

To ask for a domestic violence restraining order, you will need to complete the following forms:

If there are children involved, then you may need to complete the following additional forms:

Other Requirements

If you are requesting child or spousal support, then you may need to complete an Income and Expense Declaration (FL-150).

If you went through the process of obtaining a permanent restraining order, then you may be entitled to recover attorney fees as the prevailing party. Under California Family Code section 6344, the court may issue an order for the payment of attorney’s fees and costs to the prevailing party. However, any court order requiring the restrained party to pay for the prevailing party’s attorney’s fees will be based on her or her ability to pay.

If you have been served with a request for a domestic violence restraining order, and are required to appear for a hearing, you are entitled to one continuance as a matter of right so that you may either have additional time to respond to the request or find an attorney to represent you.

Types of Restraining Order

If you are getting ready to speak to an attorney about a restraining order, then it is helpful to know some common terms so that the attorney can better understand where you are in your case.

Emergency Protective Order (EPO) An emergency protective order is usually issued after a law enforcement officer has arrived on scene, spoken to the individuals involved, and presents a judge, who makes the order, with facts showing reasonable grounds for any of the following:

That a person is in immediate and present danger of domestic violence, based on the person’s allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought.
That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member.
That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable believe that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction.
That an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, based on an allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse.

The purpose of an Emergency Protective Order, or EPO, is to give the protected party enough time, typically between five (5) to seven (7) days to file a Request for Domestic Violence Restraining Order (DV-100) in the Superior Court.

Temporary Restraining Order (TRO)
After the court reviews your Request for Domestic Violence Restraining Order (DV-100), then the court may, if it determines that reasonable grounds exist, issue a Temporary Restraining Order (DV-110). If the court does issue a Temporary Restraining Order, then it will also set a hearing for the date and time listed on Item 3 of the Notice of Hearing (DV-109) and Item 4 of the Temporary Restraining Order (DV-110). If you have been given an Emergency Protective Order, then it is advisable to attach it to your Request for Domestic Violence Restraining Order. To obtain a Temporary Restraining Order the same day you file your Request for Domestic Violence Restraining Order, then you must file your Request for Domestic Violence Restraining Order before 10:00 a.m. Once obtained, a Temporary Restraining Order is in effect for 21 to 25 days until the court can hold a hearing to determine whether a permanent restraining order, or Restraining Order After Hearing (DV-130), should be issued.

Restraining Order After Hearing, a.k.a. “Permanent” Restraining Order
After the court reviews your Request for Domestic Violence Restraining Order (DV-100), has issued a Temporary Restraining Order (DV-110), and holds a hearing, then it may issue a Restraining Order After Hearing (DV-130). Permanent restraining orders can last up five (5) years, but in most cases last for three (3) years.

The consequences for not obeying a restraining order are severe. If you do not obey the restraining order issued against you, then you can be arrested and charged with a crime. Additionally, you can go to jail or prison and/or be ordered to pay a fine.

If you have a restraining order issued against you, then a law enforcement officer is required to arrest you if he or she has probable cause to believe you had notice of the order and disobeyed it. A person who is arrested for not obeying a restraining order may be arrested and charged with violating California Penal Code section 166 or 273.6.

If you have a restraining order issued against you, then you are cannot speak to the protected person even if that person invites or consents to contact with you. Restraining orders can only be modified by another court order.

Resources

Resources
The Center For Domestic Peace (Marin County): https://centerfordomesticpeace.org/
YWCA (Sonoma County): https://www.ywcasc.org/
STAND! For Families Free Of Violence (Contra Costa County): https://www.standffov.org/
San Francisco County Domestic Violence Resources: https://sf.gov/information/domestic-and-family-violence-resources
Alameda County Domestic Violence Resources: http://www.acfjc.org/GET_help
Napa Emergency Women’s Services (Napa County): https://www.napanews.org/
Marin County Sheriff’s Office: https://www.marinsheriff.org/
Sonoma County Sheriff’s Office: https://www.sonomasheriff.org/
Contra Costa County Sheriff’s Office: https://www.cocosheriff.org/
Alameda County Sheriff’s Office: https://www.alamedacountysheriff.org/
Napa County Sheriff’s Office: https://www.countyofnapa.org/1292/Sheriff

NAME CHANGE

People can legally change their name for any number of reasons so long as the reason for doing so is not for purposes of committing fraud, hiding from law enforcement or another illegal reason.

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