IF YOU ARE IN IMMEDIATE DANGER, CALL 911. During hours that the Court is closed a law
enforcement officer can issue an Emergency Protective Order which lasts from 5
to 7 days. If you are not in immediate danger but need protection, you can apply
at Family Court for a temporary restraining order. If you need counseling, emergency
shelter, help with getting your restraining order, or someone to accompany you
to court, you should call one of the following:
Notice:
Center for Domestic Violence Prevention and Sor Juana
Ines Services for Abused Women have now merged and are known as:
Community Overcoming Relationship Abuse (CORA)
PO Box 5090
San Mateo, CA 94402
Office: 650-652-0800 hotlines: 650-312-8515 or 800-300-1080 Website:www.corasupport.org
When there has been physical
or emotional abuse, threats, stalking, harassment, or other acts of violence,
you may apply to the Court for an order restraining a person from all contact
with you, your children, and other family members; from living in the residence;
and to stay away from you, your home, your vehicle, your residence, and the
children's school and/or place child care.
What Forms are Necessary?
Different forms are used
to get different types of restraining orders. ALL forms are available for no
charge from the Clerk's office located at the Hall of Justice, 400 County Center,
Redwood City, on the first floor, Room B. The office is open Monday through
Friday, 8:30 a.m. to 4:00 p.m. except holidays.
You may seek a Domestic
Violence Prevention Act restraining order whether or not you have an existing
case with the court as long as there is domestic violence, threats of domestic
violence, or stalking:
You may seek a restraining
order against:
Your spouse (even if
you do not want to file for a divorce at this time)
A current or former
spouse, boyfriend, girlfriend, or domestic partner
A person related to
you, such as a brother, aunt, or your adult child.
There is no filing fee
for a Domestic Violence Prevention restraining order.
Civil Harassment forms
are used to get a restraining order against someone who is intentionally and
continuously harassing you, when there is no domestic or family relationship
between you and the other party. There are filing fees for a Civil Harassment
restraining orders unless you have a low income and qualify for a waiver of
court fees.
Workplace Violence forms
must be used if you are an employer or work for a corporation where there
has been violence or threats of violence against employees.
In all cases, forms must
be accompanied by a declaration setting forth in detail the incidents of abuse
which support your application for a restraining order. When the forms are completed
they must be reviewed by the Family Law Facilitator.
The papers will be reviewed
by a judge and then must be filed with the court. Someone over the age of 18
must serve the papers on the other party. The Sheriff's Office will attempt
service of process for all restraining orders free of charge. They are located
at 400 County Center, 3rd Floor, Redwood City, California.
At the time you submit your
restraining order, you must fill out a confidential Law Enforcement Supplemental
Information form. This form requests descriptive information, including birth
date, home and work addresses and telephone numbers, and the driver's license
number of the person you seek to have restrained. Bring all information you
have with you. The purpose of this form is to make sure that your restraining
order can be enforced and that it can be entered into a Statewide Protective
Order Registry which is available to all law enforcement agencies.
