Restraining Order Information
Restraining Orders, Emergency Protective Orders, and Criminal Protective Orders
A Restraining Order is one way to request protection from physical, emotional or financial abuse, and property destruction. There are several different types of restraining orders, which are granted through the civil court:
Domestic Violence Restraining Order
Elder or Dependent Adult Restraining Order
Civil Harassment Restraining Order
Which type of restraining order needed can get confusing and help is available for this. Fresno County Superior Courts has a helpful website for more information: http://www.fresno.courts.ca.gov This page also offers “Online Document Help,” which links the reader to “Restraining Order Triage” to clarify the differences between the restraining orders. There is also a self-help service at the B.F. Sisk Courthouse located at 1130 O Street, Fresno, CA 93721. It is recommended that you check the website or call (559) 457-1900 for information as hours and days of service may change. There are some additional local agencies that can assist with the restraining order process (see the resources page for contact information).
A civil court restraining order requires that the plaintiff make arrangements to have the order be served upon the defendant by a private party or by law enforcement (see Fresno County Sheriff-Coroner’s Office website for more info https://www.fresnosheriff.org/civil/fees-and-form-of-payment-for-service.html )
An example of the court process for a domestic violence restraining order can be viewed at http://www.fresno.courts.ca.gov/family/domestic_violence_issues.php
An Emergency Protective Order A law enforcement agency responding to a crime may make a request, on behalf of the victim, to a criminal court judge for an Emergency Protective Order. The person seeking protection must be in immediate or present danger of violence or threat of serious harm must have been made towards the victim or family members. The judge makes the determination and authorizes the law enforcement officer to provide the order, which expires within five (5) days. The threatened/endangered person may choose to initiate the civil court process by filing for a restraining order.
A Criminal Protective Order is granted through the criminal court process. If the case proceeds to criminal court, then the criminal court judge may order a Criminal Protective Order be issued and served upon the defendant in the courtroom. If a victim wishes to request a Criminal Protective Order, it is important to advise the Deputy District Attorney
of this so the appropriate request can be made when the case is called in court. A Criminal Protective Order is contingent upon criminal proceedings and/or sentencing.
For more information regarding Criminal Protective Orders, contact the James Rowland Crime Victim Assistance Center at (559) 600-2822 or the Fresno County District Attorney’s office (559) 600-3141.