How Does a Restraining Order Work if You Live in the Same House in California
In California, a restraining order is sought by a victim of abuse to ban certain actions on the abuser. Some of the most common restrictions are: i) to not contact the victim, and ii) to stay a certain distance away — both of which would not be possible if the victim and the abuser live in the same house.
If you’re the victim and you live in the same house as the person you’re seeking protection from its almost certain that one of you will have to move out.
While, in theory some of the other restrictions can be put while you live together but these are often secondary restrictions such as
- Hand Over A Car
- Handover Passport, Cell Phone, Medications Etc.
- Don’t Post Intimate Images
- Restrict Abusive Litigation
How does it work
If you’re the victim, the court can still issue a restraining order and ask the abuser to move out. Steps involve
1. “Move-Out” Orders Are Available: If you request it, the judge can include a “move-out” order (also called a “kick-out” or “exclusive use” order). This means the restrained person will be legally required to move out of the shared home—even if both of you are on the lease or own the home together.
2. Temporary Orders Can Be Issued Quickly: You can get a Temporary Restraining Order (TRO) the same day you apply, without the other person being present. If granted, it can include an order for them to leave the home until your court hearing.
3. Sheriff Can Help Enforce the Order: If a move-out order is granted, you can request that the sheriff serve the order and supervise the move-out, especially if there are concerns about safety.
4. Long-Term Orders After Hearing: At the hearing (usually within 21 days), the judge can decide whether to issue a long-term restraining order, which can last up to 5 years. If granted, it can continue to keep the person out of the home.
5. Violating the Order Has Serious Consequences: If the restrained person returns to the home or tries to contact you in violation of the order, they can be arrested and charged with a crime.
RECAP: What restrictions can you ask the Judge for
Here are the typical restrictions places on the abuser via the restraining order.
Stay Away From You
Abuser would have to stay at least 100 yards away from you, your children and locations you request such as your work
Not To Contact You
Not to contact you via phone or text or mutual friends
Not Stalk You
Not stalk you or your loved ones, including your accounts on facebook or other social media
Hand Over A Car
Get access to cars held by the abuser
Vacate The Shared Residence
The respondent can be asked to vacate the shared residence. You can also request help from police to kick them out.
Handover Passport, Cell Phone, Medications Etc.
You an ask for your personal items such as passport, medications, clothes. This would be applicable if you were living together up to now.
Don’t Post Intimate Images
Take down, delete, and do not distribute intimate images of a protected person
Restrict Abusive Litigation
This is to prevent the misuse of the legal system to harass, intimidate, or burden you.
Get Drugs, Mental Health And Sex Offender Treatment
You can request the abuser to seek treatment for alcoholism, drug use, domestic violence abuse
Forms needed
These are the court forms typically required for this process. LegalAtoms prepares each of them for you automatically.
- SDSC D049 Family Law Certificate Of Assignment Cover Sheet
- DV-109 Notice of the Court Hearing
- FL/E-LP-665 Family Law Case Participant Enrollment Form (Party)
- FL-ELP-668 Document Drop-Off Sheet for Domestic Violence and Ex Parties Applications
- FAM-020 Family Law Case Cover Sheet And Certificate Of Grounds For Assignment To District
- L1120 Party Identification And Notice Of Related Case
- L1124 Declaration Notice Of Ex Parte Application
- FM-1013 Declaration In Support Of Ex Parte Application For Orders
- MSC-032 Statement Issues And Contentions
- 13-16503-360 Certificate of Assignment
- SB-13546 Referral For CII
- SC-4012 Declaration Re Ex Parte Notice
- G04050E Confidential CJIS Information Sheet
- DV-110 Temporary Restraining Order
- DV-130 Restraining Order After Hearing
- DV-200 Proof of Personal Service
Free legal help available
You do not have to go through this alone. These organizations offer free, confidential support to help you understand the process and review your court forms.
Riverside Area Rape Crisis Center
Free
What you get
- Explain how the court process works An advocate can explain you in detail how the domestic violence process works in your situation
- Review court forms An advocate can review civil protection order forms for completeness
Does not include: Legal Advice · Advice on what to state in court
Phone: (951) 686-7273
Email: info@rarcc.org
Hours: 24/7: Crises phone helpline is always available
Safe Family Justice Centers
Free
What you get
- Explain how the court process works An advocate can explain you in detail how the domestic violence process works in your situation
- Review court forms An advocate can review civil protection order forms for completeness
Does not include: Legal Advice · Advice on what to state in court
Phone: (951) 686-7273
Email: info@safefamiliesca.org
Hours: Monday, Tuesday, Wednesday, Thursday, Friday: 9am-4pm
Legal Aid Society of San Bernardino
Free
What you get
- Explain how the court process works An advocate can explain you in detail how the domestic violence process works in your situation
- Review court forms An advocate can review civil protection order forms for completeness
Does not include: Legal Advice · Advice on what to state in court
Phone: (909) 889-7328
Email: info@legalaidofsb.org
Hours: Monday, Tuesday, Wednesday, Thursday: 1am - 5pm
Alternatives to Domestic Violence
Free
What you get
- Explain how the court process works An advocate can explain you in detail how the domestic violence process works in your situation
- Review court forms An advocate can review civil protection order forms for completeness
Does not include: Legal Advice · Advice on what to state in court
Phone: (951) 425-8900
Email: info@alternativestodv.org
Hours: 24/7: Crises phone helpline is always available
Shelter From The Storm
Free
What you get
- Explain how the court process works An advocate can explain you in detail how the domestic violence process works in your situation
- Review court forms An advocate can review civil protection order forms for completeness
Does not include: Legal Advice · Advice on what to state in court
Phone: (760) 674-0400
Email: info@shelterfromthestorm.com
Hours: Monday, Tuesday, Wednesday, Thursday, Friday: 8am - 5pm
Legal Aid Foundation of Los Angeles
Free
What you get
- Free Legal Assistance
- Help preparing and filing DVRO paperwork
Survivor Justice Center
Free
What you get
- Free legal representation
- Direct assistance with DVRO
Hours & Contact
Mon–Thu: 8:30 AM – 12 PM, 1:30 PM – 4:30 PM
Fri: 8:30 AM – 12 PM
Phone: (213) 830-0845
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Fri: 8:30 AM – 12 PM
Phone: (213) 830-0845
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Fri: 8:30 AM – 12 PM
Phone: (213) 830-0845
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Fri: 8:30 AM – 12 PM
Phone: (213) 830-0845
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Phone: (213) 830-0845
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Fri: 8:30 AM – 12 PM
Phone: (213) 830-0845
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Fri: 8:30 AM – 12 PM
Phone: (213) 830-0845
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Fri: 8:30 AM – 12 PM
Phone: (213) 830-0845
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Fri: 8:30 AM – 12 PM
Phone: (213) 830-0845
Hours & Contact
Mon–Thu: 8:30 AM – 12 PM, 1:00 PM – 4:00 PM
Fri: 8:30 AM – 12 PM
Phone: (213) 830-0845