If you decide to apply for a restraining order on your own, here is a brief description of the process for obtaining an order:
- Go to the family law department in your local courthouse and request an application for a domestic violence order. In Alameda County, restraining order paperwork is available at the Self-Help Center.
- Complete and submit the completed application to the family court.
- Within 48 hours your temporary restraining order should be ready. It will provide you with your hearing date for the permanent (five-year) restraining order.
- Have the restrained party served with a copy of the temporary restraining order (this generally must be done at least 5 days prior to the hearing).
- The person who serves the restrained party must fill out a Proof of Service, documenting that the restraining order was served.
- Attend the hearing and receive a copy of the permanent (five-year) court order (Restraining Order After Hearing). Make sure to bring the completed Proof of Service to your hearing.
- If the restrained party was not present at the hearing, you must have him/her served with the restraining order after hearing.
- Provide a copy of your restraining order and, the proof of service, to the police department in your area.
NOTE: Keep your restraining order on you at all times.
Is a Police Report required to get a restraining order?
You do not need a police report to get a restraining order. While a police report is very good evidence of a problem, it is not necessary for a DVRO or CHO.
You will, however, need to present some evidence to the court that demonstrates you qualify for a restraining order. You can use medical records from medical care for injuries you suffered, photographs of bruises or injuries or photographs of damaged property, unwelcome or threatening text messages, tape recordings of threatening or harassing voice-mails, e-mails, and/or testimony from witnesses who may have seen or heard the abuse.
This evidence helps show the court that you need the protection of a domestic violence restraining order (DVRO).