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Restraining Order Packet PKT-039 - California

Restraining Order Packet Form. This is a California form and can be used in Civil San Diego Local County .
 Fillable pdf Last Modified 8/8/2011
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO RENEWAL OF RESTRAINING ORDER PACKET FORMS INCLUDED IN THIS PACKET Restraining Order Renewal Information Request to Renew Restraining Order PROTECTED PERSON Notice of Hearing to Renew Restraining Order Request for Free Service of the Order and Injunctions Proof of Personal Service ­ Renewal of Restraining Order RESTRAINED PERSON Declaration Proof of Service by Mail ­ Renewal of Restraining Order SDSC Form #CIV-375 SDSC Form #CIV-371 SDSC Form #CIV-372 SDSC Form #CIV-046 SDSC Form #CIV-373 Judicial Council Form #MC-030 SDSC Form #CIV-374 PKT-039 (New 5/11) American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO RESTRAINING ORDER RENEWAL INFORMATION What does "renew" mean? Your restraining order most likely has an expiration (end) date listed on the first page of the order. That means, on that date, your order will end and you will no longer be protected by it. If you are still concerned for your safety or want your restraining order to stay in place, you have to "renew" it ­ which makes it last longer and gives it a new end date. When do I ask for the renewal? You must ask the court to renew your restraining order BEFORE your current one ends. The court accepts requests for renewal within three months before the end date of a current order. How long can the renewed order last? Most restraining orders may be renewed for no more than a period of three years; however, in some cases, such as those involving domestic violence and elder/dependant adult abuse, renewed orders may be made permanent (with no end date). How much does it cost? There is no fee to ask the court to renew your order. To ask for a renewal of your order, you will need to do the following: 1. Complete the following forms: x Request to Renew Restraining Order (SDSC Form #CIV-371) x Notice of Hearing to Renew Restraining Order (SDSC Form #CIV-372) (Items #1 ­ 2 only) Attach a copy of your current order to the Request to Renew Restraining Order. 2. Take your completed forms to the court location where you received your current order. The clerk will file your papers and submit your request to the judge for his or her signature. Sometimes the judge may want to talk with you. If so, the clerk will tell you. In addition, the clerk will tell you whether or not you need to stay and wait for your paperwork, or when you can come back to pick it up. 3. Once the judge has signed your papers, you will need to have the restrained person personally served with the following: x Request to Renew Restraining Order (SDSC Form #CIV-371) x Notice of Hearing to Renew Restraining Order (SDSC Form #CIV-372) x A copy of your current restraining order x A blank Declaration (JC Form #MC-030) Someone over 18 ­ not you or anyone else protected by the restraining order ­ can serve the restrained person. For information on "service," visit www.courts.ca.gov/selfhelp-abuse. 4. File a proof of service. This form tells the judge and law enforcement that the restrained person got a copy of the request and notice of hearing. Have the person who serves the restrained person complete a Proof of Personal Service ­ Renewal of Restraining Order (SDSC Form #CIV-373) and give it to you so you can file it with the court. Take the original proof of service and copies to the court at least two days before your hearing. 5. Go to your court hearing. If you do not attend the hearing, your order will end. At the hearing the judge will decide whether or not to renew the restraining order. You do not need to show that the restrained person has abused or harassed you since the last order; however, if you are still afraid of the restrained person let the judge know. And, if the restrained person has abused or harassed you since the last order, or disobeyed any part of the order you are trying to renew, make sure you tell the judge and provide any proof or details about the violations. It will be up to the judge to decide whether to renew your restraining order. If the judge decides to renew your order, he or she will also decide how long the renewed order will last. If the judge renews your restraining order, a new Restraining Order After Hearing (JC Form #CH-140, EA-130, WV-130, or SV-130) will need to be filled out and signed by the judge. The new Restraining Order After Hearing must be served on the restrained person. x If the restrained person was at the hearing, you can have them served with a copy of new order by mail. Ask the person who serves the restrained person to complete a Proof of Service by Mail ­ Renewal of Restraining Order (SDSC Form #CIV-374) and give it to you so you can file it with the court. If the restrained person was NOT at the hearing, you must have someone serve them with a copy of the new order in person, not by mail. Ask the person who serves the restrained person to complete a Proof of Personal Service ­ Renewal of Restraining Order (SDSC Form #CIV-373) and give it to you so you can file it with the court. x SDSC CIV-375 (New 5/11) RESTRAINING ORDER RENEWAL INFORMATION American LegalNet, Inc. www.FormsWorkFlow.com ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO.(Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101 CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 PROTECTED PERSON RESTRAINED PERSON JUDGE/DEPT CASE NUMBER REQUEST TO RENEW RESTRAINING ORDER 1. Your name (protected person): 2. Name of person you want protection from (restrained person): Describe that person: Sex: Hair Color: Male Female Height: Age: Weight: Race: Eye Color: Date of Birth: EA-130 WV-130 SV-130). 3. I ask the court to renew the Restraining Order After Hearing ( a. The order was first made on (date): b. The order ends on (date): c. The order has been renewed d. I want the order to be renewed for e. A copy of the order is attached. time(s). year(s). CH-140 4. I ask the court to renew the order because (check all that apply): a. b. c. The person name in item #2 has abused and/or harassed me since the order was made. (Note: The court can renew your order even if there has been no abuse an
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