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What is a Restraining Order?
The Domestic Violence Restraining Order is used to protect you or your children under the age of 18 who live with you from violence or the threat of violence. In order to be eligible for this type of restraining order, the violence or threats must come from someone in your family or in your home or with whom you have a close relationship (i.e., spouse, parent, child, boyfriend, girlfriend).
A Domestic Violence Restraining Order is used to stop a specific act against you, keep a specific person away from you, have someone living with you removed from your home, and other miscellaneous orders (i.e., temporary child custody, child visitation, child support, property control).
Protective orders are also available for elders or dependent adults.
Requests for Restraining Orders that are submitted by 8:45 a.m. are available for pickup the following court day from 2:30 p.m. to 3:00 p.m. at 800 11th Street, Room 110, Modesto, CA. This pick up office is located directly behind the bailiff's station and is open only for pick up of restraining orders and orders to show cause.
After 3:00 p.m., the orders can be picked up on the following court day from the Family Law Clerk's Office located at 1100 I Street, Modesto, CA. Clerk's office hours are Monday through Friday from 8:00 a.m. to 2:00 p.m. Effective August 2, 2010, Clerk's office hours will be Monday through Friday from 8:00 a.m. to 3:00 p.m.
Judicial Council forms, local forms, and packets are available at the following locations:
- Superior Court’s Self Help Center at 800 11th Street, Room 220, Modesto, CA from 8:00 a.m. to 12:00 p.m., and 1:00 p.m. to 3:00 p.m. Monday through Thursday and 8:00 a.m. to 12:00 p.m. on Fridays. The Self Help Center also provides assistance with filling out the forms.
- Family Law Clerk's Office at 1100 I Street, Modesto, CA during regular business hours. Forms are also available by mail at PO Box 1098, Modesto, CA 95353-1098.
- Stanislaus County Law Library located at 1101 13th Street, Modesto
Filings may be submitted in person, by mail or by fax. For more information regarding fax filing requirements, please refer to the following link: http://www.stanct.org/Content.aspx?page=civil_fax_and_filing.
What is an Order to Show Cause?
An Order to Show Cause is a form used to establish or modify orders in a family law case when there is already an existing court case OR you are opening a new case along with the Order to Show Cause such as a Dissolution, Legal Separation, or Complaint to Establish Parental Relationship. This form is used when you would like a judge or mediator to decide issues that cannot be agreed upon between you and the other party.
The Order to Show Cause can be used if you want to change an existing order or are seeking temporary orders for child custody, child visitation, child support, spousal support, property control, or other miscellaneous issues. THE OSC FORM CANNOT BE USED IF YOU ARE SEEKING A PERSONAL CONDUCT STAY-AWAY ORDER. IF YOU NEED THIS TYPE OF ORDER, YOU MUST USE THE DOMESTIC VIOLENCE RESTRAINING ORDER FORMS.
Please note: If you are filing a Complaint to Establish Parental Relationship and look on the Court's Web Site for your court date, it will NOT be listed because this is a confidential file. The only persons who have access to this information are the parties involved in the action (parental mother and father).
Requests for Orders to Show Cause that are submitted by 8:45 a.m. are available for pickup the following court day from 2:30 p.m. to 3:00 p.m. at 800 11th Street, Room 110, Modesto, CA. This office is located directly behind the bailiff's station and is open specifically for pick up of restraining orders and orders to show cause. After 3:00 p.m., the orders can be picked up the following court day from the Family Law Clerk's Office located at 1100 I Street, Modesto, CA. Clerk's office hours are Monday through Friday from 8:00 a.m. to 2:00 p.m. Effective August 2, 2010, Clerk’s office hours are Monday through Friday from 8:00 a.m. to 3:00 p.m.
What is an Ex Parte Notice?
When you are seeking a temporary order you are required to give the other party at least 24 hours notice of your intent to seek temporary orders against him or her.
The Declaration re: Notice Upon Ex Parte Application for Orders is a form that you must complete when you seek temporary orders to let the court know whether the other party has been notified that you intend to seek temporary orders. There is a section on the form that must be completed if you do not wish to give notice because of any possible repercussions that may occur as a result of the other party being served with these orders. This form is available at the following link: http://www.stanct.org/Store/Forms/Decl_re_Exparte_Notice.pdf.
A Declaration re: Notice Upon Ex Parte Application for Orders MUST ALWAYS be filed when requesting any ex parte order for Domestic Violence Restraining Order or Order to Show Cause with temporary orders.
You can also visit the Self-Help Center at the California Courts website at
www.courtinfo.ca.gov/selfhelp/ for additional information regarding these documents and case types. Judicial Council forms are also available at the following link: http://www.courtinfo.ca.gov/forms/
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