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Restraining Orders

Restraining Orders

A restraining order (also called a “protective order”) is a court order that can protect someone from being abused, threatened, stalked, or harassed. Click here for frequently asked questions regarding restraining orders. Please click the links to the left for more information.

Effective July 1, 2014: New and revised Judicial Council forms for restraining orders have been released. Below are some of the changes included:

The domestic violence restraining orders now include impersonation (on the Internet, electronically, or otherwise) in the request for personal conduct orders and in the description of abuse.

The domestic violence restraining orders now require a filing of the FL-150 (Income and Expense declaration) whenever a money request is made (child support, spousal support, and attorney fees).

A modification to DV-800 and DV-800-INFO regarding the relinquishment of firearms either to turn in, sell, or store. Note: Relinquishment must occur within 24 hours of receiving notice of the restraining order and must file a proof of relinquishment within 48 hours of the receiving the order.

Conflicting orders for enforcement: If more than one restraining order has been issued protecting the protected person from the restrained person, the orders must be enforced in the following priority (see PC §136.2 and FC §6383(h)(2), 6405(b)):

A Criminal Protective Order (CPO) on Form CR-160 – item 16 now allows an exception to the no-contact order for recognition of an existing family court order.

 

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Tips for Using Technology: It is not possible to delete all the “footprints” of your computer or online activities. If you are being monitored, it may be unsafe to change your computer behaviors, like suddenly deleting your Internet history if that is not your regular habit.

If you think you may be monitored on your home computer, be careful how you use your computer since an abuser might become suspicious. You may want to keep using the monitored computer for activities, like looking up the weather or reading the news. Use a safer computer, such as a public computer at your local library, to research escape plans, look for new jobs or apartments, bus tickets, or ask for help.

Email and Instant/Text Messaging are not safe or confidential ways to talk to someone about the danger or abuse in your life. If possible, please call a hotline instead. If you use email or IM, please use a safer computer and an account your abuser does not know about.

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