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A Temporary Restraining Order (TRO) is a court order that prohibits a person from contacting the protected person or engaging in particular acts. A TRO becomes enforceable once it has been served on the restrained person. The TRO lasts until the scheduled hearing for the permanent restraining order, usually 15 to 20 days after the restraining order application is submitted. At the hearing, both parties will have the opportunity to explain to the court why a permanent Domestic Violence Restraining Order should or should not be issued. How Will a Domestic Violence Restraining Order Protect Me? • Restrained person cannot contact you • Restrained party must stay at least 100 yards away • If you live with the restrained party, you can request to have him/her removed from the property (only effective if you have some claim to it) • You can request child custody, child support and set a visitation schedule • You can protect family living with you and pets • Restrained party may be ordered by the court to attend a domestic violence prevention program • You may get legal control of property that belongs to both of you • Restrained person may not own or possess any firearms FJC Legal Network Temporary Restraining Order Process • Check-in at the FJC – no appointment • Legal Screening - initial screening, identify evidence, verify client qualifies for TRO • Meet with Attorney & Prepare Paperwork • Submit Application to Court via Fax • Wait for Approval & Future Court Date • Follow up with Court Advocate • Attend Court Preparation and schedule Court Support • Attend OSC Hearing with Court Support Advocate or Legal Intern |
| SAFETY ALERT: Please use a computer at a safe location. There is always a computer trail. If you are in danger, call 911, San Diego Domestic Violence Hotline (888) DV-LINKS / (888) 385-4657 or the U.S. National Domestic Violence Hotline at (800) 799-7233 • TTY (800) 787-3224. Click the Escape button to leave this site quickly. |  |
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Do I qualify for a TRO? In order to qualify for a Domestic Violence TRO, you must have one item in each of the following three categories: 1. Relationship to the person you want restrained MUST be: q Spouse or former spouse q Person with whom you share(d) a living space (intimate partner) q Have or had a dating relationship q Have a child in common Note – If you currently have an attorney for a family matter, we cannot meet with you.
2. The person you wish to have restrained must ALSO have committed one of the following acts: q Recent physical violence q Recent threats of physical violence q Harassment q Recent sexual assault or molestation q Stalking q Severe verbal abuse
3. The Legal Network will assist you in identifying corroborating evidence. Examples of evidence are as follows: q Photos of injuries or damaged property q Medical records q Police reports q Reports from Child Welfare Services q Voicemail or Text Messages (excessive or threatening) q Declarations from Witnesses (must be signed under penalty of perjury) q Prior TRO or restraining order Violations
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