Counseling Services | Legal Services | Our Shelter
What's a TRO? | Who's Eligible? | Enforcement of a TRO |
Do it Yourself | TRO Checklist | Dealing with Custody Issues |
Emergency Protective Orders
Women’s Shelter Program Legal Services
The Women’s Shelter staff is available to assist with filing the paperwork required to obtain a Domestic Violence Restraining Order. If you are in San Luis Obispo County please call (805) 781-6418 (M-F) to speak with our Legal Services Coordinator for detailed information. If you are in another area you can find your local resource at www.ndvh.org.
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 calling, e-mailing, texting, 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 is 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.
“Do It Yourself” Domestic Violence Temporary Restraining Order (DVTRO)
You can file a DVTRO on your own without our assistance or that of an attorney. You may pick up a packet with all the forms needed from the courthouse, available free of charge.
You may also download the forms at:
http://www.courtinfo.ca.gov/cgi-bin/forms.cgi or http://www.slocourts.net/
and follow the links to Domestic Violence.
TRO Checklist (There is no filing fee for a DVTRO.)
Complete form DV-260,
the Request Forms DV-100 (and DV-105, if you have children and need custody/visitation orders, or change existing orders; DV-108, if you fear the other parent may try to take the child/ren); and the
Temporary Orders Forms DV-110 (and DV-140, DV-145, DV-150 [if supervised visitation is needed]); and the
Order After Hearing Forms DV-130 (with corresponding DV-140, 145, 150).
Sign and date all forms.
If you need more space than the forms allow to describe your situation, you may use a blank form and write in double-space format, and attach it to the Request DV-100 as a declaration.
Make 2 copies of the Request forms ONLY, and
take all paperwork to the court clerk’s room.
If the judge grants your request, the court clerk will call you with instructions for picking up the orders.
You may go to the Sheriff’s Civil Division office in the courthouse, and ask them to serve the orders.
Dealing with Custody Issues
Custody/visitation orders are court orders establishing paternity of your children as well as official guidelines regarding the physical 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.
Custody orders are part of a TRO, so when you file for a DVTRO you will be requesting custody/visitation orders or a change in existing orders.
Emergency Protective Orders
An Emergency Protective Order (EPO) can be issued by a judge at the request of a police officer 24 hours a day. This order serves as immediate protection from the batterer. It provides a “kick out” order so that the batterer must move from the residence. Temporary care of the children is given to the person 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 work days, which allows the victim time to file a request for a Temporary Restraining Order. EPO’s are usually issued when law enforcement responds to a domestic violence incident.
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