RESTRAINING ORDERS: GENERAL INFORMATION

This section tells you about ways to use the courts to protect yourself and your family from abuse and harassment. It also gives you information on resources to make sure you and your family stay safe. Additionally, it gives you links to help you identify if you or someone you care about is in an abusive relationship and get help.

• Different types of restraining orders,
• Eligibility requirements,
• Steps to take to get a restraining order, and
• How to contest a request for a restraining order.

• Emergency Protective Order: Protects victims of abuse, serious harassment, or stalking. An emergency protective order is available 24 hours a day from the police.
• Domestic Violence Restraining Order: Protects individuals from family members, spouse or former spouse, parties that have a child together, or parties that have a current or past dating relationship.
• Civil Harassment Restraining Order: Protects individuals from others than those listed in a Domestic Violence Protective Order.
• Elder and Dependent Adult Abuse Restraining Order: Protects elders and dependent adults from physical and financial abuse, neglect, isolation, abduction, harm, or deprivation by a caregiver.
• Workplace Violence Prevention Restraining Order: Protects employees from workplace violence.
• Criminal Restraining Order: Protects victims and witnesses from the defendant in a criminal case.
• Juvenile Restraining Order: A Juvenile Restraining Order is a court order to protect a person suffering unlawful violence or credible threats of violence from a juvenile.
• Private Postsecondary School Violence Prevention Restraining Order: Protects students from violence in a private postsecondary school.
• Transitional House Misconduct Restraining Order: Protects participants in transitional housing program or program employees or neighbors of the program site.

It is not uncommon to have more than one type of Protective Order. A party may seek a restraining order in family law or civil even when there is a Criminal Protective Order. Tell the judge and the District Attorney if you have another restraining order. The Criminal Protective Order takes precedence over other conflicting orders. That means if the criminal order is different from another restraining order, it will supersede any other orders as the primary order that must be obeyed. FOR EXAMPLE: If the family law order allows contact and the criminal order states "no contact", then the parties are not allowed to have contact.

All Justice Centers (except Lamoreaux Justice Center):
Monday-Friday: 8:00am-4:00pm

Lamoreaux Justice Center:
Monday-Friday: 8:00am-4:00pm

Superior Court Self-Help Centers:
Monday-Thursday: 8:00am-4:00pm; Fridays: 8:00am-3:00pm

Domestic Violence Assistance Center (located at the Lamoreaux Justice Center):
8:00am-4:00pm (closed from 12:00pm-12:30pm)

• Final check-in at the Clerk’s Office is 4:00pm. All parties should appear in the Clerk’s Office, Domestic Violence Assistance Center, or Self-Help Center no later than 3:30pm to complete the paperwork.
• The Self-Help Center closes at 3:00pm on Fridays. If the Self-Help Center is closed, the Clerk’s Office or Domestic Violence Assistance Center can assist you.

If you have a disability and need help, fill out a Request for Accommodations By Persons With Disabilities (MC-410) and file it with the court as soon as possible, but at least five days before the trial date.

SELECTING AN INTERPRETER

By law, in California all official court business must be conducted in English. When one of the parties or witnesses in a case does not speak English well, that person will need a court interpreter (who speaks English and the non-English speaker’s first language) so he or she can understand what is going on and talk to the judge.

In some cases (like criminal cases) the interpreter is paid for by the court and may be a court employee. However, in civil cases, with the exception of domestic violence proceedings and hearings for support involving the Department of Child Support Services in Family Law cases, the person needing the interpreter must get and pay for his or her own interpreter or get a friend to help interpret. It is your responsibility to get your own interpreter. You can ask a friend, relative, or someone else to interpret for you when you go to court. Do not ask a child to interpret for you.

Keep in mind that just because someone you know speaks both English and your first language does not mean he or she would be a good interpreter. A court interpreter needs to be familiar with legal terms and concepts in both English and your first language, and most people are not. That is why it is very important you have an interpreter with experience. If you decide to use a noncertified or nonregistered interpreter, such as a friend or relative, have the person read the instructions and duties for interpreting in the information sheet called Foreign Language Interpreter’s Duties-Civil and Small Claims (INT-200).

To make sure you get an experienced court interpreter, you should consider a professional interpreter who has passed the required examinations and has officially registered and been approved as a court interpreter by the Judicial Council of California. .

• Certified court interpreters: Only interpreters who pass the Court Interpreter Certification Examination and register with the Judicial Council are referred to as “certified" in these 13 languages:

  American Sign Language, Arabic, Cantonese, Eastern Armenian, Japanese, Korean, Mandarin, Portuguese, Russian, Spanish, Tagalog, Vietnamese, and Western Armenian.

• Registered court interpreters: Interpreters of spoken languages for which there is no state certifying examination are called “registered interpreters of non-designated languages.” They must pass an English proficiency examination, and register with the state’s Judicial Council.

TRANSLATION OF DOCUMENTS

The California Courts website has a list of certified and registered interpreters for oral interpretation. Certified and registered interpreters may also translate documents, however, the California Courts does not test or certify an interpreter's written translation skills. The American Translators Association can also interpret documents.

TIPS FOR USING AN INTERPRETER

Using a court interpreter can be awkward because you have to go through another person to get your information or talk to the judge. Follow these tips when using an interpreter in a courtroom:

• Listen carefully to the interpreter.
• Wait for the interpreter to finish talking before you answer.
• Speak slowly so the interpreter can hear everything you say.

Do not interrupt, even if someone in court says something bad about you. You will get a chance to speak.

INTERPRETERS FOR THE DEAF OR HARD OF HEARING

Note: There are also American Sign Language interpreters and real time captioning for parties and witnesses that are deaf or hard-of-hearing (or have another disability). The court will provide a sign language interpreter or court reporter for you or other accommodation you may need. You can read more about this in the For Persons With Disabilities Requesting Accommodations section of this website to learn about the court's policy for accommodating persons with disabilities. Make your request as soon as possible, but at least 5 days prior to the hearing.

Children may be brought to the court and may stay in "Children’s Chambers" while their caregivers are conducting business with the court. Children’s Chambers is a safe drop-in center for children that lets children be children instead of spending long sessions listening to adult interactions that could be painful or frightening.

You can read more about which courts offer a Children’s Chambers and the guidelines.