Domestic Violence Restraining Orders FAQ’s

 

How do I know if I qualify for a Restraining Order?

A person qualifies for a Domestic Violence Restraining Order if, based upon threats or abuse, there is an immediate and present danger of violence, stalking or abduction by an abuser to the named person or their household members (including children). 

 

What are the different types of Domestic Violence Restraining Orders?

There are three types of restraining orders.  An Emergency Protective Order (EPO) is issued at the scene of the incident.  Law Enforcement Officers telephone the on-call magistrate, available 24 hours a day, 7 days a week, who grants the order based on immediate concerns.  An EPO expires in 5 court or 7 calendar days.

A Temporary Restraining Order (TRO) is granted in court by a commissioner or judge.  This is good for a maximum of 25 days. 

A Permanent Restraining Order is granted in court by a judge.  It is valid for up to five years.

 

How much does a restraining order cost?

If a restraining order is sought as a result of documented domestic violence, the fees are waived.  Simply bring your report (obtained from the police agency that handled the incident) or report number with you to the courthouse.

 

Where do I go to get a restraining order?

Residents in the west part of Ventura County can go to the Ventura Courthouse, 804 S Victoria Ave, Room 311 to begin the restraining order process.  For residents in East County, go to the Simi Valley Courthouse, 3855 Alamo St.  However, you may go to either location regardless of where you live.

 

What does a restraining order prohibit?

A restraining order prohibits any party from doing the following:

  • Molesting, attacking, striking, threatening, sexually assaulting, battering, harassing, or disturbing the peace of the other parties.
  • Living together.
  • Directly or indirectly contacting each other.  The order may allow contact for child custody exchanges. 

 

What if the restrained person does not obey the order?

Call the police.  Pursuant to Penal Code 273.6, a person who intentionally and knowingly violates a restraining order can be fined up to $1,000.00 and imprisoned for up to one year.

For a restraining order to be valid, the restrained party must be properly served.