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Restraining Orders in San Bernardino

Recently updated on November 7th, 2024 at 11:10 pm

Overview of Restraining Order in San Bernardino

San Bernardino County Restraining Order

San Bernardino County Restraining Order

 

Overview of Filing for a Restraining Order in San Bernardino County

Restraining Orders in California are court orders issued in situations such as abuse, stalking or harassment in range of ways from a current or former lover or relative, a neighbor, a co-worker or even a caregiver which require the abuser to stay a certain distance away from, and refrain from contacting the victim. Failure to comply with the restraining order can result in criminal charges and therefore these serve as effectively a final warning.   In practice, these are relatively simple to get from your local court, highly effective for the victim, and additionally provide coverage against abusive and harassment acts which are emotionally painful but not technically a crime.

Domestic Violence Restraining Orders are free but Civil Harassment may have filing fee of about $435 depending the severity of the abuse.

 

 

 

The types are:

Domestic Violence is for harassment, excessive texting, stalking, verbally abusing, controlling behavior, blackmailing or causing fear when the abuser is your current or former husband/wife, or a romantic partner, or a coparent, or a family member (not roommate).

 

Civil harassment is for situations when the abuser is your roommate, neighbor, coworker, total stranger or anyone who is not a romantic partner or close family member.

 

Elder Abuse: is for situations when a senior citizen or disabled adult is being abused by a caretaker, neighbor or child .

(Not quite ready for online filing)

 

 

Gun Violence: is for cops or family members to apply for when an unstable person has a firearm,  and risks hurting themselves or others. The court order requests firearms to be taken away.

(Not quite ready for online filing)

 

Workplace Violence: An employer usually requests these to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.

(Not quite ready for online filing)

 

 

School Violence is for school officials to get when there’s risk of violence against students at a private college or university when the risk of violence is at the on campus.

(Not quite ready for online filing)

 

 

Different types of restraining orders apply in situations of domestic violence, stalking, harassment, or situations where there is a credible threat to an individual’s safety.

If a person believes their situation qualifies for restraining order as defined in California Civil Code, they can apply for one through the Superior Court in their county of residence. The process involves filing a set of standard court forms, attending a hearing, and presenting evidence to support the request for the order.

Definition of Domestic Violence in California

Ann.Cal.Fam.Code § 6211“Domestic violence” is abuse perpetrated against any of the following persons:

  1. A spouse or former spouse.
  2. A cohabitant or former cohabitant, as defined in Section 6209.
  3. A person with whom the respondent is having or has had a dating or engagement relationship.
  4. A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).
  5. A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.
  6. Any other person related by consanguinity or affinity within the second degree.

The original text is here

 

 

Comparison with Criminal Case

If you’re a victims of domestic violence, then you can file the following legal cases:

  • Criminal Case: In a criminal case, the burden of proof is beyond a reasonable doubt, the highest burden of proof.
  • Domestic Violence Restraining Order : This is considered a family law case, and the victim has to give some evidence and generally the burden is low and the victim must establish “reasonable proof of a past act or acts of abuse.” Cal. Family Code § 6300.For Domestic Violence Restraining Order, you just need evidence to support that abuse occurred which is defined as bodily injury or fear that you will get bodily injury.The legal language is in California Penal Code 13700: “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.”

 

The court considers accusations of abuse leniently, and favors on issuing orders as long as there is some evidence.

 

Does my situation qualify for a Restraining Order (DVRO) in San Bernardino County 

There are a few different types of restraining orders and typically only one of them may apply to your situation. The first step is to see if any of the different types of restraining order applies to your situation or is remotely related as that might help you decide whether to apply .

The types are:

Domestic Violence is for situations involving domestic violence which is when a victim has been abused by a romantic partner (spouse, domestic partner, girlfriend/boyfriend) or a family member. For a complete overview of what is domestic violence please review: What is the legal definition of Domestic Violence in California

 

Civil harassment applies to situations involving repeated irritating behavior, stalking, abuse, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.

 

Elder Abuse: A senior citizen (or an adult who cannot function independently) is being abused by a caretaker, neighbor or child .

 

 

Gun Violence: Typically, a police officer or sheriff who thinks someone might hurt themselves or someone else with a gun. This can stop that person from buying or owning a gun. It can’t order them to stay away from someone.

 

Workplace Violence: An employer usually requests these to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.

 

 

School Violence involves violence, or threat of, against one or more students of a private postsecondary (after high school) school. This type of restraining order may only be granted if the threat of violence is for an act that would likely take place on the school’s campus, and is requested by school official.

 

What if I am Under 18 years of Age

Restraining orders can be requested by anyone 12 years or older, and without your parent’s permission.  If you are under 18, then in some situations , a judge may ask you to have a trusted adult help you in your case after you have filed for the petition. such as a parent a counselor or a neighbor.

If you are under 18, you can go to your local court’s Self-Help Center for help. For support and safety tips, you can chat at loveisrespect.org, text “LOVEIS” to 22522, or call 1-866-331-9474.

If you are 12 or older and someone has asked for a restraining order against you, you can go to court without a parent. In some situations, the judge may ask you to have a trusted adult help you in your case.

Situation Examples

Example 1:  Husband is sexually and verbally abusive, and controlling  

My husband doesn’t allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now.  He verbally abuses me by calling me a whore if I don’t sleep with him.  During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities.  Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully.   Often times I feel that if I resist, or decline his advances that my reputation, our property, or even me life will me in danger.  I feel little, humiliated and disgusted with myself.

 

Example 2:  Boyfriend blackmails and destroys property to control and induce fear

Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, “if you mess with me, I’ll retaliate,” was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael’s behavior becomes particularly alarming when he is under the influence of drugs.

 

Example 3: Ex-boyfriend stalks 

Jenna’s ex-boyfriend shows up at Jenna’s work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.

Is a restraining order helpful?

The purpose of a restraining order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.

The specific terms of a restraining order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.

Typically, a restraining order may prohibit the respondent from

  1. Approaching or contacting the petitioner including via text or social media
  2. Staying away from the usual places petitioner is at such as home, work or school
  3. Prohibit stalking, or surveillance of any kind
  4. In situations where they lived together, provide custody or access to
    • Children
    • Pets
    • Important documents
    • Personal items such as clothes, medications, cell phones
    • Cars
  5. Extending the protections to others living with the petitioner

Research findings on benefits of restraining orders

Here’s the top three findings from a study on domestic violence and restraining orders from the University of New Hampshire

Reduce ViolenceReduce Violence

Civil protective orders (such as a DVRO) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.

Cost Effective

Cost Effective

They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.

Countryside

Urban Vs. Rural

The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the restraining orders hold greater importance.

Process for filing for a restraining order in San Bernardino County


Step 1: Gather Evidence or Proof

The first step is to gather the evidence to support your case. What proof do you need for a restraining order in California?  The following are considered as evidence of domestic violence.

Evidence Type 1: Pending Criminal Case

Was the abuser involved in any crime or is there a police report, related to the abuse being done to you ?  Judges are more likely to issue an order if there is an ongoing criminal case, therefore it’s important to mention such cases out in your paperwork for applying for restraining order.

When a judge sees that there’s a criminal case happening, they might think it means the police or the district attorney are pretty sure they can prove the crime happened.

Evidence Type 2: Photos of violence, injuries, damage

These are the most common types of evidence submitted. These can be photos of victim’s injuries inflicted by the abuser. It is helpful to add photos next to the related incident description to help create a complete picture for the judge.

Evidence Type 3: Print outs of messages, emails or transcripts of voicemail

You can take screenshots of text messages and attach them. Similarly you can print emails and attach them as pictures or PDF files. While in most cases you cannot submit digital files such as

Evidence Type 4: 911 Calls

Rather than just saying you called 911 or any specific hotline, you can make your case stronger by listing the following items

  • The number dialed in case of the domestic hotline
  • The date and time (or approximate date and time) when the call was made
  • Who made the call
  • What was reported on the call
  • Any specific details of the person who answer the 911 call e.g. male/female voice

Evidence Type 5:  Medical Records

.You can attach documentation of previous medical emergencies or injuries that resulted from the actions of the abuser. These could be hospital visit records, print outs from your hospital portal (E.g. mychart) showing details of your visit.

Evidence Type 6:  Police reports

You can attach a copy of the police reports filed against abuser for domestic violence.

Evidence Type 7:  Testimony

  • A testimony from a witness. The witness can be anyone such as a family member, neighbor a co-worker or a bystander. The testimony is just an essay written describing the incidents witnessed, with as many specifics as possible.

Step 2: Get a copy of court forms 

You can fill these online for free by visiting here

In order to apply for a restraining order, you need to fill and submit a specific set of official California court forms. These have questions aimed at understanding your situation and the people involved.

Domestic Violence Restraining Order Forms needed for filing for a Restraining Order

Main form

  • DV-100  Request for Domestic Violence Restraining Order (DV-100)

Then supporting forms which are also required are

  • CLETS-001  Confidential CLETS Information
  • DV-109 Notice of Court Hearing
  • DV-110 Temporary Restraining Order

These forms are required only in certain situations i.e. If you have children together, and also want child custody, parenting time, or child support orders:

Civil Harassment Restraining Order Forms needed for filing for a Restraining Order

Main form

  • CH-100 Request For Civil Harassment Restraining Orders
Then supporting forms which are also required are
  • CM-010 Civil Case Cover Sheet Required when you file any new civil case.
  • CH-109 Notice of Court Hearing: This form is only used if your initial case is successfully submitted but you sill need to file it initially as part of CH-100.
  • You will the basic information to make it easier for the court to fill their parts and issue a notice of hearing to all parties including you (or the victim) and the abuser.
  • In case a hearing is set then the court fills this form and completes it. Then this is used as a formal “invitation” or notice to attend the court hearing.
  • CH-110: Temporary Restraining Order (CLETS-TCH) This form is only used if your initial case is successfully submitted but you sill need to file it initially as part of CH-100. You will the basic information to make it easier for the court to fill their parts
  • In case a hearing is set then the court will issue a temporary restraining order via this form so you (or the victim) have protection until the hearing happens. So this is a very powerful document once a judge signs it.
  • CLETS-001: Confidential CLETS Information: The information on this form will help police enforce your restraining order. The court will not use the information on this form and the person you want a restraining order against will not get a copy.
  • CH-200 Proof of Personal Service: Use to prove that you had someone 18 or older (not you) give the person to be restrained a copy of the request, notice of court hearing, and temporary restraining order (if issued) in person.
  • CH-130 Civil Harassment Restraining Order After Hearing (CLETS-CHO): If the judge grants any a full restraining orders (as opposed to the temporary order) they will fill and sign this form. This is the official restraining order then
  • CH-120 Restraining Orders Leave this form blank and serve on the restrained person with the copy of your request and notice of hearing.
  • CH-800 Proof of Firearms Turned In, Sold or Stored : Leave this form blank and serve on the restrained person with the copy of your request and notice of hearing.
  • CH-250 Proof of Service by MailUse to prove that you had someone 18 or older (not you) mail to the restrained person a copy of your Civil Harassment Restraining Order After Hearing (form CH-130). Make sure you can in fact serve form CH-130 by mail in your case.

The complete set of documents is at the California Courts website. While these forms are used in most courts, certain courts use modified versions of these forms, and its important to uses those versions.

Tip: You can check your local court’s website to see the exact versions and set of court forms needed. You need to prepare these forms. Courts also offers a free self help center where you can take forms. Alternatively you can use a free website such as LegalAtoms to prepare the restraining orders paperwork online.

 

Nothing happens until you file the forms. So its a good idea to step through the forms even if you think you don’t plan to file for a protection order right now, to get

You can then file them online when you’ve thought through all aspects.  There are special protections for victims, and you’re protected even if your immigration status is undocumented in United States.

Step 3: File the Court Forms 

The process of submitting  your case documents with a court is called filing. It involves delivering your case documents to the court where the clerk reviews that the documents are correct and complete, and enters them into the court’s database, at which point the case is officially filed.

 

Venue
The proper venue for a restraining order case is the county where the abuse took place or where the restrained party lives. However, venue is a defensive motion and should be considered by the court only if the restrained party objects by filing a noticed motion for change of venue at or before the time of responding to the request.25 Improper venue is not a proper basis for the court to deny relief on its own motion (sua sponte).

 

Identify the court at your county

In California, one typically file at the Superior Court at county of your residence or where the abuse occurred. For example, if you live in San Francisco city, then the Superior Court of California, County of San Francisco.  There can be many special cases and fine print but that is the most common case. Please consult a lawyer if your situation is uncommon e.g. the abuser is overseas or you are overseas and the abuser is in California.

Correct sub-location

Within the Superior Court of a county, there may be one location such as Superior Court of San Francisco OR multiple locations such as the one in San Bernardino, and each court has it’s own system so that you must file at the correct location.

For example here are some of the locations of the Superior Courts in California at San Bernardino County which are

  • Needles District: 1111 Bailey Ave Needles, CA 92363
  • Rancho Cucamonga District: 8303 Haven Avenue Rancho Cucamonga, CA 91730
  • Victorville District: 14455 Civic Drive Victorville, CA 92392
  • San Bernardino District: 351 North Arrowhead Avenue San Bernardino CA 92415

Identify the methods of Filing

Method # 1: In Person by visiting the court house

Your court location would accept the forms to be submitted in person at the court hours.

Tip: All courts have lunch hours when they are closed for an hour

When you submit your case documents at the court, typically you take 3 copies.

The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.

The stamp may look something like this:

MANDATORY EFILING OF FAMILY LAW CASES EFFECTIVE NOVEMBER 15, 2021

Method # 1: E-file online

This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files.

Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit.

You will be required to some online service fees.


Method # 3:  Via another person 

Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.

 

Step 4: Get a Temporary Order 

Depending on the facts and evidence presented, a Judge can issue a restraining order with immediate effect until the hearing called a Temporary Restraining Order.  In relatively less risky situations, a temporary order is issued in a few days or not issued at all.

If there are no grounds or if the application is incomplete or the jurisdiction is incorrect the application may be rejected.

The temporary order is only valid for about 2-3 weeks which is the amount of time until the hearing. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.

Step 5: Serve the abuser 

If you were successful in getting a temporary order only then this step is necessary, otherwise you will have to wait until you get one.

Youve Been Served GIFs | Tenor

In the California legal system system, whenever one party initiates a restraining order it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent, and is often seen in movies and TV shows as “You’ve been served”.

Under the California law there are multiple ways in which the other party can be served.

 

You cannot  serve your papers yourself.

 

Option 1:  Ask the Sheriff (FREE)

A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in California, prison staff, not the sheriff, will serve your papers. Follow the instructions by the California Department of Corrections and Rehabilitation for serving someone in prison

 

Option 2: Ask a friend, relative or any adult (FREE)

You ask someone you know to be your server

  • 18 or over, and
  • not part of your case

Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers.

 

Option 3: Hire a courier for legal papers (Process Server)  

You can also hire a courier called  professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example . An example is ABC Legal Services.

You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.

Step 6: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full restraining order is issued. At this point it becomes a crime for the abuser to break the conditions of the restraining order.

 

L.A. County court to staff: Get COVID vaccine or get fired - Los Angeles Times

 

Step 7. Collect the Final Order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

Costs – How much does it cost to get a Restraining Order in San Bernardino


There are no costs associated with a

 

Domestic Violence Restraining Order

  • FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
  • FREE filing: There is no fees for filing. Online filing platforms may charge a E-filing fees
  • FREE Serving the other party 

 

Civil Harassment Restraining Order

  • FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
  • DEPENDES Filing:
    • FREE $0  If there is violence or stalking involved  OR if you have low income and you qualify for a fee waiver
    • $435:  Otherwise
  • FREE Serving the other party 

 

 

How long does it take to get a Restraining Order after filing


You can get a temporary protection order the same day as you file.

Courts can have a cutoff of around 2 p.m.  for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.

Courts are generally open Monday-Friday and closed on Saturday-Sunday.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.

At the hearing a formal order may be issued

 

Risks of a Restraining Order


It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.

The response of your abuser after the filing of a protection order is unpredictable. While a Domestic Violence Protection Order (DVPO) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.

Despite the safeguards intended by a DVPO, abusers may retaliate through various means, such as:

  1. Physical assault or violence
  2. Harming or taking away children
  3. Damaging jointly owned property
  4. Disregarding the order and persisting with threats, possibly through intermediaries
  5. Inflicting harm or causing harm to pets
  6. Harassing your loved ones for information
  7. Engaging in stalking behavior
  8. Initiating a retaliatory restraining order against you
  9. Spreading false information about you in court documents, online, or publicly

Following the submission of a domestic violence Protection order, it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.

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