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Enforcing the Domestic Violence Restraining Order

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The first step in enforcing the court Order:


Make sure that everyone who needs a copy of the order gets one.

This is VERY important.


If the Restrained Person WAS at the court hearing:

If the restrained person WAS at the court hearing when the judge made the Orders, OR if the Orders are exactly the same as the "Temporary Restraining Order", then the restrained person can be served by mail Opens new window with their copy of the:

  • Restraining Order After Hearing (Form DV-130) Opens new window 

    and all attachments, such as the:
  • Child Custody and Visitation Order (Form DV-140) Opens new window


If the Restrained Person WAS NOT at the court hearing:

If the restrained person WAS NOT at the court hearing AND the judge granted Orders different from the "Temporary Restraining Order", then the protected person must have
the restrained person "served" personally Opens new window by someone over age 18 who is not involved
in the case.

To prove that the restrained person got a copy of the Restraining Order After Hearing (ROAH):

  • If you had him or her served by mail, the person who mailed the forms must fill out and give you to file with the court clerk the:

    • Proof of Service (by mail) (Form DV-250) Opens new window
       
  • If you had him or her served personally, the person who served the forms must fill out and give you to file with the court clerk the:

    • Proof of Service (in person) (Form DV-200) Opens new window
NOTE:  Keep a copy of your Restraining Order AND a copy of your Proof of Service with you at all times. You may need to show it to the police.


You will need several copies of the Order:

  • Keep one copy of the Order AND Proof of Service in a safe place.
  • Give a copy of the Order to anyone else protected by the Order.
  • Deliver a copy of the Order to your local police department.
  • Deliver a copy to your work (or their security department.)
  • Deliver a copy to your child's school or care provider.

Your restraining order is enforceable in every state, territory, or Indian reservation.

  • If you move out of California, contact the police, sheriff, or other law enforcement agency in the state, territory, or reservation where you move to so that they know to enforce your orders. They will probably tell you to bring them a certified copy of your orders.
  • Also, provide copies to your children's new schools or daycare providers that can help enforce the order in your new state.

To read an information sheet called "How to Enforce Your Order" (DV-530-INFO) in English, Spanish, Chinese, Korean or Vietnamese, click the language you need:

 


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