The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.Notwithstanding any other law, the clerk of the court may not assess a fee for filing a petition for protection against repeat violence, sexual violence, or dating violence.
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who is subject to a protective order for a party to a suit for dissolution of a marriage, a protective order for family violence, a magistrate’s order for emergency protection following an arrest for family violence, sexual assault, stalking, or human trafficking, a protective order for a victim of sexual assault, or a domestic violence protective order issued by another jurisdiction if he or she has received notice of the order.
If a court issues a temporary ex parte order for family violence, the order may direct the subject of the order to do or refrain from doing specific acts, but does not specify whether specifically prohibiting the subject from possessing a firearm is a permissible restriction.
The Respondent will be served (hand delivered) notice of the hearing and certified copies of both the Judge's order and your Petition.
the Judge at the hearing will determine whether or not to grant you a Final Judgment based on testimony from you, the Respondent and any eye-witnesses. after an Injunction has been entered, you should first contact your local law enforcement agency and file a police report.
Nevertheless, any protective order for family violence, including a temporary ex parte order, must contain the following statement: “It is unlawful for any person, other than a peace officer, as defined by section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to a protective order to possess a firearm or ammunition.” A magistrate issuing a protective order following an arrest for family violence, sexual assault or stalking or a court issuing a protective order against family violence must suspend the perpetrator’s license to carry a concealed handgun.
There are four steps in obtaining a Temporary Restraining Order (TRO).
You should allow at least three hours to complete this entire process. The forms are available at the business office of the court.
(If you utilize the services of the Domestic Violence Clinic, we will provide the forms.) North San Diego Colunty Court House 325 Melrose Dr.
Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.
A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if: The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney; or The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.
However, a broader federal law prohibits domestic violence misdemeanants from possessing firearms regardless of when the conviction occurred.