LEGAL SERVICES

Counseling Services | Legal Services

         What's a TRO? | Who's Eligible? | Enforcement of a TRO |
         Dealing with Custody Issues | Emergency Protective Orders


What is a temporary restraining order?

A temporary restraining order (TRO) is a temporary court order which restrains someone from abusing or harassing you. It can include:

1) Protection Orders which prohibit the abuser from telephoning, harassing, battering, stalking, and striking you;

2) Stay-Away Orders requiring the abuser to stay a specific distance (usually 25 yards) from you, family members living with you, your place of work, schools, etc;

3) Kick-out Orders which order the abuser to leave the residence;

4) Custody/Visitation Orders establishing temporary physical and legal custody of your children as well as a visitation schedule with specified restrictions;

5) Property Orders granting temporary possession of vehicles, etc.

Who's eligible for a Domestic Violence Temporary Restraining Order?

You may be eligible for a Domestic Violence Temporary Restraining Order if you are being abused or threatened by:
• A spouse or former spouse
• Someone you live with or have lived with
• Someone to whom you are related by blood, marriage, or adoption
• Someone you are dating or have dated in the past
• Someone with whom you share a child.

Enforcement of a TRO

It is a crime to violate a temporary restraining order. If the abuser violates the TRO, you should IMMEDIATELY contact the police. Even if the police can only take a report of the incident, it will build a file of the abuser's harassment for possible future prosecution. The effectiveness of your TRO relies upon you contacting the police EVERY TIME the order is violated.

Women's Shelter Program TRO Clinic

The Women's Shelter staff is available to assist with filing the paperwork required to obtain a domestic violence temporary restraining order. The TRO clinic is held Tuesday and Wednesday evenings, by appointment only. A potential client for this clinic must be on state or county assistance or have an income within established guidelines. A donation for these services is appreciated, though no one will be refused based on the ability of the client to pay. Please call (805) 781-6418 to speak with our Legal Services Coordinator for detailed information on this clinic.

"Do it Yourself" Domestic Violence Temporary Restraining Order

You can file for a Domestic Violence Restraining Order on your own without the assistance of our clinic or an attorney. Follow the steps in the TRO check list to file your paperwork. Please call (805) 781-6418 if you encounter problems or questions.

TRO Check list.

Dealing with Custody Issues

Custody/visitation orders are court orders establishing paternity of our children as well as official guidelines regarding the physical and legal custody of your children. For victims of domestic violence, this is a very important step as an abusive partner will often threaten to take the children and not return them. These orders also assist Law Enforcement in enforcing the return of children after visitation, etc.

The Women's Shelter staff is also able to assist with the filing of forms in some custody cases. Please call (805) 781-6418 for detailed information.

Emergency Protective Orders

An Emergency Protective Order can be issued by the police 24 hours a day. This orders serves as immediate protection from the batterer. It provides a kick out order so that the batterer must move from the residence. Temporary custody of the children is given to the person to be protected by the order. It restrains the batterer from harassing or assaulting the victim. If the batterer violates this order, the batterer will be arrested. This order is good for 5 court days, which allows the victim to file a request for a Temporary Restraining Order. Please call your local police department to obtain an Emergency Protective Order.




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