Restraining Orders

A restraining order is a court order that helps protect people from abuse or harassment.

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

There are four different types of restraining orders available to the public: Family, Civil, Elder Abuse / Dependent Adult, and Workplace Violence.

FAMILY RESTRAINING ORDERS

• Family restraining orders cover persons seeking Temporary Restraining Orders against family members or those involved in marriage, dating or shared parentage relationships.
• 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).
• 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.
• 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.
• Residents can go to the Ventura Courthouse, 804 S Victoria Ave, Room 311 to begin the restraining order process. 
• 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. 
• 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.

CIVIL RESTRAINING ORDERS

• Civil restraining orders deal with civil matters, neighbor disputes, and general harassment issues.
• Residents can go to the Ventura Courthouse, 804 S Victoria Ave, Room 400 to begin the restraining order process.  
• You will have to go to court on the date the clerk gives you.
• The restrained person may come to the court hearing.  However, the person does not have the right to speak to you.  If you are in fear of the person, let the bailiff know.
• You do not need to bring a witness to the hearing, but it helps to have proof of the harassment.  You can bring:
  
  • A written statement from witnesses made under oath.
  • Witnesses
  • Photographs
  • Medical or police reports
  • Damaged property
  • Threatening letters, emails or telephone messages
  • The court may not let witnesses testify.  So, if possible, have witnesses written statements under oath at the hearing.
• A restraining order will not force a roommate to move out.  For this to occur, you must complete the eviction process.
• Your restraining order is valid anywhere in the United States.  If you move out of California, contact your new local police agency so they are aware of the order.
• If the restrained person does not obey the order, call the police.  Pursuant to Penal Code 166(a)(4), a person could be guilty of a misdemeanor crime.  If convicted, this could result in a fine and up to one year imprisonment in the county jail.

ELDER ABUSE / DEPENDENT ADULT RESTRAINING ORDERS

• Elder Abuse/Dependent Adult restraining orders are for those who are either over 65, or classified as a dependent adult.  As a result of their age or status, they are being physically, financially or emotionally abused.
• A dependent adult is defined as someone who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or protect his or her rights.  This includes, but is not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age.
• The court can order a person to:
  
  • Not abuse, harass, hit, or threaten you
  • Not contact or go near you, and
  • Not possess a gun
• Residents can go to the Ventura Courthouse, 804 S Victoria Ave, Room 311 to begin the restraining order process.  
• If the restraining order is being sought as a result of violence or fear, the fees are waived.  The restraining order process is done at no cost to you.  Bring a copy of your police report, or the report number, with you when you come to the courthouse.
• If you are deaf, contact the clerk at least 5 days before the hearing.  Ask for an interpreter or other accommodation.
• If granted, an elder abuse restraining order can last up to three years.
• If the restrained person does not obey the order, call the police.  Pursuant to Penal Code 166(a)(4), a person could be guilty of a misdemeanor crime.  If convicted, this could result in a fine and up to one year imprisonment in the county jail.

WORKPLACE VIOLENCE RESTRAINING ORDERS

• Workplace violence restraining orders cover harassment and violence at the workplace.
• Only employers may obtain a restraining order against workplace violence.  If you are seeking a restraining order against a co-worker, use the civil harassment restraining order
• Under California law, an employer is someone who is:
  • Engaged in any business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether such a person is the owner of the business or is operating on a concessionaire or other basis. (Labor Code 350(a).)
  • A federal, state or local public agency; a city, county, district, or public corporation. (Code Civ. Proc 527.8(d).)
• This restraining order protects employees for a period of three years, and certain members of the employees families for 15 days.  Public officers, volunteers, and independent contractors all are covered as “employees.”
• An employer can seek protection under this law if:
• • An employee has suffered unlawful violence or a credible threat of violence from any individual;
  • The unlawful violence or credible threat of violence can reasonably be construed to have been carried out in the workplace;
  • The defendant’s conduct is not allowed as part of a legitimate labor dispute; and
  • The defendant is not engaged in any constitutionally protected activity.
• Employers can go to the Ventura Courthouse, 804 S Victoria Ave, Room 311 to begin the restraining order process.  
• If the restrained person does not obey the order, call the police.  Pursuant to Penal Code 166(a)(4), a person could be guilty of a misdemeanor crime.  If convicted, this could result in a fine and up to one year imprisonment in the county jail.

Typically, court filing fees for restraining orders are $355.00.  However, in instances where violence or stalking has occurred, the fees are waived.  Also, if you cannot afford to pay the fees, they can be waived.

The fee for the Sheriff’s Civil Unit to serve your order is $40.00.  Again, these fees are waived if violence, stalking or an inability to pay exists.