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.
Forms
Other Requirements
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.
- 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.
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.
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.
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.