DV-530-INFO, Page 1 of 2How to Enforce Your Restraining Order

Cal. Form DV-530

California Superior Local Rules

DV-530-INFO, Page of 2How to Enforce Your Restraining Order (Domestic Violence Prevention) Judicial Council of California, Rev. January 1, 2023, Optional Form DV-530-INFO How to Enforce Your Restraining Order Report a violation to the police Now that you have a domestic violence restraining order, you may need to enforce it if the restrained person violates the order. Enforce usually means to call the police to report a violation. To have the police enforce your order, call 911.

If the restrained person has firearms (guns), “ghost guns” (a homemade or unregistered gun), or other weapons, make sure to tell the police. What can the police do? The police can arrest the restrained person for violating the restraining order. Based on your report of the violation, the district attorney or prosecutor can charge the restrained person with a crime. If you have questions about a case or whether a criminal case was filed, you can call the District Attorney's Office in your county, or the county where the violation happened.

The restrained person can go to jail or pay a fine if convicted of violating your restraining order. Ask the judge to act on the violation Violating the restraining order means that the restrained person did not obey the judge's order. This could have consequences for the restrained person. For example, if you have a child with the restrained person, a violation could affect the restrained person's parenting time with your child. You can ask the judge to change custody or visitation orders because of the violation.

You can also ask the judge to order the restrained person to pay you or the court money as “sanctions” or to hold the restrained person “in contempt of court,” and the restrained person can be ordered to pay money to the court, do community service, and/or spend up to five days in jail per violation. For more information about what a judge can do, contact your local self-help center or talk to a lawyer. For more information about self- help centers, see page 2. What form is my restraining order on?

Here are some examples: • DV-130 • DV-110 • DV-730 • DV-116 • CR-160 • EPO-001 Keep a copy of your restraining order with you You should have a copy of your restraining order with you at all times. Make sure it is the most recent restraining order and still in effect (not expired). If you have more than one, have a copy of each one. If you have a cellphone, use your cellphone to take a picture of all the pages so you always have proof of it. If the restrained person was not at the court hearing, make sure you have a copy of the proof of service form too.

The proof of service proves that the restrained person knows about the restraining order and must follow the order. What if the judge granted orders to protect my children? You can give a copy of the restraining order to any place that your child will be. If the restrained person is not allowed to have access to your child's medical records, school records, or other information, make sure to let your child's providers know right away. It may be a good idea to change your passwords to any shared online accounts, and update your contact information with those providers.

DV-530-INFO, Page of 2How to Enforce Your Restraining Order (Domestic Violence Prevention) Rev. January 1, 2023 DV-530-INFO How to Enforce Your Restraining Order Give copies of the order to other people If you want other people to know about your restraining order and help you enforce it, give them a copy. This is optional and should only be done if it is safe to do so.

Here are some examples: • Your child's school or childcare, if your restraining order protects your child. • Other people protected by your restraining order, when appropriate. • Your employer, if you are worried about being harassed or abused at work. • Local police department: Giving a copy to your local police department is optional because all law enforcement agencies have access to restraining orders through a law enforcement database. Where can I find other help? The National Domestic Violence Hotline provides free and private safety tips. Help is available every day, 24 hours a day, and in over languages.

Visit online at www.thehotline.org or call 1-800-799-7233; 1-800-787-3224 (TTY). What if I have more than one restraining order against the same person? Keep a copy of all active restraining orders with you. If you call the police to enforce the order, the police will need to follow the rules of enforcement (see "Priority of Enforcement" listed on the back of forms DV-110, DV-130, and CR-160). If you have questions about any of the orders, contact your local self-help center or talk to a lawyer. Where can I find a self-help center? Find your local court's self-help center at www.courts.ca.gov/selfhelp.

Self-help center staff will not act as your lawyer but may be able to give you information to help you decide what to do in your case, and help you with the forms.

Document details

Collection	California Superior Local Rules
Citation	Cal. Form DV-530
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	3462cd343bd2fc215b2acc4a42edbadee4ae854c

Source file is stored in the law ingest library (pdf).