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)):
- EPO: If one of the orders is an Emergency Protective Order (Form EPO-001) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders.
- No-Contact Order: If there is no EPO, a no-contact order that is included in a restraining or protective order has precedence in enforcement over any other restraining or protective order.
- Criminal Order: If none of the orders include a no-contact order, a domestic violence protective order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable.
- Family, Juvenile, or Civil Order: If more than one family, juvenile, or other civil restraining or protective order has been issued, the one that was issued last must be enforced.
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.