I am scared. Will I have to see the person against whom I am requesting a restraining order in court?
The court cannot make any orders unless the respondent has been personally served. Once he or she is personally served, it is his or her choice whether or not to attend the hearing. If the restrained party is present, you will be in the same courtroom together at the same time. Notify the courtroom deputy if the restrained person, or anyone on his or her behalf, tries to contact you or sit near you at anytime before, during, or after your case. The courtroom deputy is there for your safety. You can also request an escort to your car if you feel you need it.
If I get a restraining order against my children’s other parent, can the other parent still see the children?
Yes. A restraining order will contain custody and visitation orders tailored to the needs of your family. The court will consider the best interests of the children in making custody and visitation orders. The court can make orders that structure the dates, times, and locations of visitation, as well as orders supervising visitation or exchanges where necessary for the safety of the child or protected parent.
There is a criminal case against my abuser already; do I still need a restraining order?
It is a good idea to obtain a restraining order even if there is a criminal case against your abuser. In the criminal case the district attorney, on behalf of the State of California, is in control of the case. You are a victim witness, but not a party and may not even be notified when the criminal protective order is terminated.
In a civil restraining order case, you are the petitioner and are in control of what is requested in the case. In a civil restraining order case you can get child custody, child support, spousal support, pet protection, and even some property distribution orders that you cannot get in a criminal case. You can also renew the civil restraining order for five years or even the rest of your life–something not possible in a criminal case.
