Restraining Orders

RESTRAINING ORDERS

There are several types of restraining orders which may be filed.

Domestic Violence

Protects you from someone who is abusive, such as a spouse or former spouse; person you are dating; mother or father of your child; anyone related to you  by blood, marriage or adoption; or person who regularly lives in your home.

Civil Harrassment

Similar to domestic violence except that civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do NOT have a close relationship with, like a neighbor, a roommate, or a friend.

Elder Abuse

Offers protection if you are a victim of physical or financial abuse, neglect, abandonment, or isolation, or treatment that has physically or mentally hurt you.

An elder is defined as a person who is 65 years or older.

A dependent adult is defined as a person who is between the age of 18 to 64 years and who has a mental or physical limitation that restricts his/her ability to carry out normal activities.

Workplace Violence

Filed by an employer whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace.

The initial order is in the form of a temporary restraining order with a court hearing date, at which time a restraining order lasting up to three (3) years may be granted.

Emergency Protective Order

Issued by a judge at the request of a law enforcement officer where there is a danger of domestic violence, child abuse, abduction or elder abuse. If the officer feels an emergency protective order is necessary, then the officer will contact the court to speak to a judicial officer.

If you are issued an emergency protective order, this protective order is only temporary and you must file an application for a permanent restraining order.

HOW TO FILE

Notify the court and complete the appropriate Restraining Order form. The Access to Justice Self-Help Center may be able to provide assistance in preparing documents. You can get more information by calling Court Services at (530) 623-1208.

Submit appropriate filing fees. If you cannot afford to pay court fees and costs, you may qualify for a waiver of those costs. You may obtain an Application for Waiver of Court Fees and Costs from the Clerk's Office. 

When you submit your restraining order for filing, you will be given a case number and instructed to contact the court either later that day or the next business day to see if your restraining order was granted. If your request is granted, a hearing will be set for you and the other party.

It is the responsibility of the petitioner to have the respondent personally served by someone 18 years of age or older and not a party to the case. Proof of service for the respondent must be filed with the court prior to, or at the time of, the hearing.

If the person to be served lives or works in Trinity County, the Sheriff may serve the document. You may contact the Trinity County Sheriff's Office Monday through Friday at (530) 623-2611. They can assist you in getting the other person served. If the person to be served lives and works outside of Trinity County, contact the Sheriff of that county for help.