Civil Harassment Orders
The purpose of a restraining order is to deter contact with another person by order of the Court. It restricts someone’s freedom by limiting where they cannot go and whom they cannot contact. As this is a fundamental restriction of freedoms, they are considered very carefully by the Court. Therefore, you must apply for an order and a Judge will determine whether it will be granted. To prepare for your application, it is often a good idea to write down why you believe the other person should be ordered to stay away from you. You may seek protection if you are worried about your safety because you are being harassed, assaulted, stalked, or threatened. Please view the following 5-part video on restraining orders to learn more.
Applications for restraining orders are available at the Yuba County Courthouse, Civil Division. You must complete and submit an application which may involve a fee. A hearing will be scheduled and, if granted, you will be given a copy of temporary order until the hearing. The other party must be served. Orders are served by the Sheriff’s Department. However, you may opt to have someone else serve it. This person needs to be over 18 and not named in the order.
A hearing will be scheduled in which both parties will plead their case. The Judge will determine whether the restraining order will be granted. If approved, the civil harassment order usually lasts 1-3 years. The restraining order will be on file with Marysville Police. However, it is extremely important that the petitioner keeps a copy of the order with them at all times. Violations of the order should be reported to the agency which enforces laws in the location of the violation.
Domestic Violence Restraining Orders (DVRO)
Generally, in order to qualify for a DVRO, you must:
1. Have a Domestic Relationship with the person to be restrained.
- Presently or previous married to each other
- Presently or previously dating each other-presently or previously engaged to each other
- Presently or previously living together in an intimate relationship (if solely roommates, the proper restraining order is a civil harassment restraining order)
- Have a child or children in common with each other
- Are related to each other by blood within the second degree (parent, sibling, grandparent)
- Are related by marriage (mother-in-law, brother-in-law)
If the relationship between you and the person to be restrained is not a domestic relationship, the appropriate type of retraining order is a civil harassment restraining order mentioned above.
2. There must be recent physical violence (generally within the past 30 days) OR a threat of imminent physical violence before the court will issue a temporary restraining order (TRO). In other words, has the person to be restrained committed at least one of the following:
- Physically assaulted or attempted to physically assault you or a member of your household (including sexual assault)
- Caused, threatened, or attempted bodily injury to you or a member of your household
- Made you or a member of your household afraid of bodily harm
Please visit the Yuba County Courthouse for additional information.