Restraining Order Information
There is a mandatory arrest policy for all restraining order violations. The protected party should:
- ALWAYS carry a copy of the restraining order
- File a copy of the order with your local police station
- Report ALL violations to the police.
Emergency Protective Orders (EPOs)
Issued by the police officers at the scene of the crime. They are generally not granted at the police station, and must be approved by a Superior Court Judge (by phone.) They are temporary orders and are good for five (5) business days or seven (7) calendar days. There is no fee. These orders cannot be renewed.
Criminal Stay Away Orders (S/A)
Issued when there is a criminal court case against your attacker, arranged through the District Attorney & issued by the Judge assigned to the case. They remain in effect for as long as the attacker is involved in the criminal justice system or until lifted by the Judge. A Criminal Stay Away Order can also be made a condition of probation.
Civil Domestic Violence Prevention Act Restraining Orders
Issued through the civil court system. The order can be issued for up to three (3) years. There is no fee for this order. A civil restraining order is highly recommended even if a criminal EPO or S/A Order exists. A Domestic Violence Order may also establish child custody, visitation rights, order the defendant to move out of your home, order the defendant to return your personal property to you, and orders them to pay restitution for expenses caused directly by the violence against you.
Your abuser must be a current or former spouse, a current or former co-habitant, someone with whom you have had a dating or engagement relationship, a parent of a child in common, or someone to whom you are related by blood, marriage or adoption. These orders can be acquired at the following locations:
Superior Court400 McAllister For any person who meets the above listed qualifications. Go to the "Family Law" window in room 109.
Cooperative Restraining Order Clinic (CROC)415-252-2844 - For female victims of domestic violence. Clinics held every other Saturday or Thursday.
SF Bar Association415-989-1616 - For male victims of domestic violence.
Community United Against Violence (CUAV)415-333-4357 - For victims of same sex domestic violence. (lesbian, gay, and transgender)
Civil Harassment Orders
Issued at Superior Court at 400 McAllister. These are for relationships such as roommates, neighbors, co-workers, etc. OR for situations that do not involve violence or threats of violence. The order can be issued for up to three (3) years. There is a $196.00 filing fee. You may qualify for a fee waiver if you are alleging violence/threats of violence or if you qualify for low-income status.
Information provided by Victim Services. Victim Services does not issue restraining orders. They can offer information and referrals on how to obtain restraining orders and other legal or social services needs. For additional assistance, please call:
Victim Services at (415) 553-9044