DOMESTIC VIOLENCE COURT
Domestic Violence happens in many forms between two people in an intimate relationship. Physical violence includes kicking, punching, shoving, slapping or any way that hurts your body. Sexual violence includes unwelcome touching, fondling or forced intimacy. Emotional violence includes using coercion or threats and anger to create a controlling and fearful relationship.
The Superior Court has established the Domestic Violence Court in Department 15 of the Stockton Courthouse. One judge handles all misdemeanor complaints of domestic violence and all probation violations for misdemeanor or felony domestic violence defendants. Domestic violence matters may also be filed at any of the branch courts.
Domestic Violence Resources
DOMESTIC VIOLENCE AND CIVIL HARASSMENT RESTRAINING ORDERS
Please read carefully to the following information. There are two types of restraining orders. They are Domestic Violence and Civil Harassment.
In order to obtain a Domestic Violence restraining order, you must meet at least one of the following criteria:
- -you are married to each other
- -you were formerly married to each other
- -you are related to each other by blood, marriage or adoption
- -you live together
- -you formerly lived together
- -you have had a dating or engagement relationship
- -you are parents of a minor child together
- -you are parents of a minor child together and an action to establish paternity has been or is being filed
- -you are parents of a minor child together and an action to establish or modify child support involving the district attorney has been or is being filed.
- -you are parents of a minor child together and have signed a VoluntaryDeclaration of Paternity form regarding the child.
Civil Harassment restraining orders can be used for all other situations and relationships. Please be sure to read the General Instructions for Civil Harassment Restraining Orders.California Code - Domestic Violence Prevention
If you complete the forms correctly, they are signed by a judge and you are responsible to see that the restrained person and all law enforcement agencies that you listed are personally served. Your temporary restraining orders will be in effect until the date of the hearing on your papers.
At the hearing, the court will make orders that can be good for up to three years.
Forms for either type of restraining order can be obtained from office locations of the Superior Court, in Stockton and Manteca. The main courthouse in Stockton processes Civil Harassment cases for Stockton and Lodi. The Manteca Branch processes Civil Harassment cases for Manteca and Tracy.
There is no fee for the Domestic Violence forms. However, there is a $5.00 fee for Civil Harassment forms which can be obtained at our branch court locations. This fee must be paid in cash or by money order. We cannot take checks for forms. There is no fee to file either type of restraining order, unless there was not violence in a civil harassment situation.
All forms must be neatly and legibly printed in blue or black ink or typed. Do not use lined or colored paper for any attachments you may want to make.
Staff from the Pro Per Clinic can assist you in completing your family law related papers correctly, Mondays through Fridays, from 8:00 a.m. to 3:30 p.m. on the first floor of the Family Law Division, located at 540 East Main Street, Stockton CA. Please make sure that all areas on the forms you will be filing are completed before turning in your paperwork.
For Domestic Violence, if you submit your papers before 10:00 a.m., the restraining order should be ready the same day between 3:30 pm and 4:00 pm. If you submit them after 10:00 a.m., they won't be ready until the following day between 3:30 pm and 4:00 pm. Civil Harassment restraining orders are processed using the same schedule.
You may consult an attorney of your own choosing or proceed on your own to file for a restraining/protective order on Civil Harassment, Workplace Violence, Elder/Dependent Adult abuse. For comprehensive information please visit the Judicial Councils website:
Forms for any of the above proceedings can be obtained on-line at www.courts.ca.gov and click on the Forms and Rules button or you may purchase them at the Superior Court Clerk's Office in Stockton or Manteca; the packets of forms are $5.
Once the forms are completed correctly and if you turn them in by 10 a.m. your papers will be processed and ready to pick up between 2:30 and 3 p.m. the same day (Effective Jan. 1, 2012). If the forms are turned in after 10 a.m. they will not be ready till between 2:30 and 3 p.m. the following day.
Your temporary restraining orders will be in effect until the date of the hearing on your papers. At the hearing the court will make order that can be good for up to three years; up to five years in the case of elder abuse.
There is no filing fee for any of the above petitions unless there was no violence or credible threat of violence. You can check with the clerk for the current filing fee. If a fee is required, you may also qualify for a fee waiver. Fee Waiver forms and the criteria for using them are also available on-line at www.courts.ca.gov and then click on Forms and Rules.
All forms must be neatly printed in blue or black ink or typed or prepared on the computer. Do not use lined or colored paper for any attachment you may want to make.
Elder Abuse and Workplace Violence protective orders can only be filed in the Stockton Branch for San Joaquin County. Civil Harassment for the Manteca/Tracy area can be filed at the Manteca Branch and for the Stockton/Lodi area can be filed at the Stockton Branch.
Superior Court clerks and volunteers are forbidden by law to give you any help of a legal nature. If you did not understand the previous information or if you have further questions, you should consult an attorney.