There are (4) type of restraining orders available through the courts. Those orders are:
- Domestic Violence
- Elder and Dependent Adult Abuse
- Civil Harassment
- Workplace Violence
A domestic violence restraining order is a court order that helps protect people from abuse or threats of abuse from someone they have a close relationship with. More information about Domestic Violence Restraining Orders can be found here.
Elder and Dependent Adult Abuse
Abuse of an elder or a dependent adult is abuse of:
- Someone 65 years old or older; or A dependent adult, who is someone between 18 and 64 that has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself.
The law says elder or dependent adult abuse is:
- Physical abuse, neglect, financial abuse, abandonment, isolation, abduction (taking the person out of the state against his or her will), or other behavior that causes physical harm, pain, or mental suffering; OR Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering.
You can find more information about an Elder and Dependent Adult Abuse Restraining Order here.
In general, 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 (that you have never dated). It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. So, for example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and NOT domestic violence. The civil harassment laws say “harassment” is:
- Unlawful violence, like assault or battery or stalking, OR
- A credible (real) threat of violence, AND
- The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.
You can find more information about Civil Harassment Restraining Orders here.
A workplace violence restraining order must be requested by an employer on behalf of an employee who needs protection. The court order can last up to 3 years. The order can also protect certain family or household members of the employee and other employees at the employee’s workplace or at other workplaces of the employer. These orders will be enforced by law enforcement agencies.
You can find more information about Workplace Violence Restraining Orders here.
General Filing Instructions
In order to obtain a restraining order, you (Plaintiff) must give the other party a 24 hour verbal notice (by telephone or in person) of your intentions (including date, time and place). You may then file for a restraining order the following day at Pomona Superior Court at 400 Civic Center Plaza, Pomona CA 91766. They are open Monday thru Fridays (Closed most holidays) - 8:30 a.m. - 4:30 p.m.
Please follow these steps to make obtaining your restraining order easier:
- Obtain the necessary paperwork for a Restraining Order from the Court Clerk’s Office, Room #101, located on the First Floor, or you can also download these forms here
- Type all documents or write neatly in black ink. (Illegible documents will not be accepted for filing.)
- Submit completed paperwork for review to the Court Clerk in Room #101. Temporary Civil Harassment Restraining Orders and Elder Abuse Protective Orders must be filed by 8:30am (Room #101) and Temporary Domestic Violence Orders must be filed by 11:00 am and 1:30pm, in order to appear before a judge the same day (in Departments, “B”, “C” or “D”).
- After the judge signs your paperwork, return to the filing window in Room #101. The clerk will give you certified copies of your restraining order for yourself, the defendant and for the police agencies.
- If the Defendant was not present at the court hearing, he/she needs to be served with a copy of the Restraining Order. Keep original Proof of Service form for your court date.
There is NO FILING FEE for Domestic Violence Restraining Orders or Elder Abuse Protective Orders.
Service Of A Restraining Order
- Service of a Restraining Order may be done by anyone other than yourself who is 18 years old, or older. You may also hire a process server or contact the LA County Sheriffs Office, located at Pomona Superior Court, Room #109 or Citrus Municipal Court, 1427 W. Covina Pkwy, West Covina
- After the Defendant is served with a copy of the Restraining Order, a copy of the PROOF OF SERVICE form will then need to be filed with the Azusa Police Department along with a certified copy of the original Restraining Order. Azusa Police Department will only accept certified copies of “Order After Hearing” orders.
You may attend an instructional clinic at the following location: Pomona Superior Court 400 Civic Center Plaza, Rm #101, Pomona, CA 91766 Monday through Friday, 9:00am to 12:00pm
- Keep emergency and hotline numbers accessible.
- Contact local shelters and discuss safe ways to leave and places for you and your children to go.
- Keep an extra set of house and car keys hidden in a safe, quickly accessible place.
- Hide or destroy anything that might give a clue as to where you are going.
- Do not leave any notes.