Nevada County Superior Court Restraining Order System
Nevada County Superior Court Information
Single Courthouse for Entire County:
Nevada County Superior Court
201 Church Street
Nevada City, CA 95959
Phone: (530) 265-1221
Restraining Order Clerk's Office:
Hours: Monday - Friday, 8:00 AM - 4:00 PM
Emergency protective orders available 24/7 through law enforcement
Why This Matters:
- Unlike larger counties with multiple courthouses, ALL Nevada County restraining order matters are handled in Nevada City
- Whether you live in Grass Valley, Truckee, Penn Valley, or any other community, your hearing will be at this courthouse
- All restraining order petitions must be filed at 201 Church Street, Nevada City
- No branch courts or satellite locations—one courthouse serving the entire county
Nevada County Restraining Order Departments:
- Department 2 (Judge Courtney C. Abril): Handles restraining orders and criminal matters
- Department IV (Judge Kelly Babineau): Family law restraining orders
- Department 6 (Judge Robert A. Tice-Raskin): Handles domestic violence and civil harassment restraining orders
- Truckee Court (Judge Yvette Durant): Eastern Nevada County restraining order matters
Nevada County Advantages:
- Faster hearing scheduling than larger counties (typically 2-3 weeks vs. 4-6 weeks)
- Judges familiar with local attorneys and recurring issues
- More personal attention from court staff
- Easier to resolve procedural issues quickly
Communities Served Throughout Nevada County
Restraining Order Services Countywide
I provide restraining order representation to clients in every Nevada County community. Whether you need protection or are defending your rights, I serve residents throughout the county:
Major Nevada County Cities:
- Grass Valley - Largest city, most restraining order cases originate here
- Nevada City - County seat and courthouse location
- Truckee - Eastern Nevada County, includes Donner Lake area
Unincorporated Nevada County Communities:
- Penn Valley
- Lake Wildwood
- Lake of the Pines
- Rough and Ready
- Chicago Park
- Washington
- North San Juan
- Smartsville
- French Corral
- Cedar Ridge
- Alta Sierra
- And all other Nevada County areas
Nevada County Law Enforcement Agencies:
I handle restraining order cases involving all Nevada County law enforcement:
- Nevada County Sheriff's Office - Serves unincorporated areas, responds to domestic violence calls countywide
- Grass Valley Police Department - City of Grass Valley law enforcement
- Nevada City Police Department - City of Nevada City law enforcement
- Truckee Police Department - Town of Truckee law enforcement
- California Highway Patrol - State highways throughout Nevada County
Important: Regardless of where you live or which agency responded, all restraining order hearings occur at Nevada County Superior Court in Nevada City. I appear at this courthouse regularly and know the procedures well.
Why Nevada County Experience Matters
Restraining order cases in Nevada County have unique characteristics compared to larger counties. Here's why having an attorney with 25+ years of Nevada County-specific experience is crucial:
Knowledge of Nevada County Judges
- Credibility matters: In a small courthouse, judges remember attorneys and parties who appear before them repeatedly
- Local context: Nevada County judges understand rural community dynamics and small-town conflicts
- Decision patterns: Years of experience reveal which types of cases each judge grants or denies
Small County Dynamics
- Community impact: In small Nevada County communities, restraining orders have magnified reputational effects
- Interconnected relationships: Parties often have mutual friends, shared employers, or overlapping social circles
- Limited resources: Fewer alternative housing options, childcare providers, and support services
- Word travels fast: Restraining order hearings become community knowledge quickly in small towns
Faster Nevada County Process
- Hearings scheduled in 2-3 weeks (vs. 4-6 weeks in larger counties)
- Same-day temporary restraining order decisions
- Easier to reach court staff and resolve procedural issues
- Less crowded calendar allows more hearing time per case
Local Filing Procedures
- Nevada County-specific forms and requirements
- Local rules on service of process
- Clerk's office preferences and procedures
- Knowledge of which bailiff or court staff can assist with urgent matters
Complete Restraining Order Services in Nevada County
I provide comprehensive restraining order representation throughout Nevada County for all types of protective orders:
Obtaining Restraining Orders
If you need protection, I can help you:
- File domestic violence restraining orders (DVRO)
- File civil harassment restraining orders (CHRO)
- File elder abuse restraining orders (EAARO)
- Obtain emergency protective orders 24/7
- Prepare detailed declarations with evidence
- Represent you at Nevada County court hearings
- Ensure maximum protection provisions
- Include custody and support orders when needed
- Enforce violations through criminal prosecution
- Renew expiring restraining orders
Defending Against Restraining Orders
If you're falsely accused, I can help you:
- Challenge false domestic violence allegations
- Defend against civil harassment petitions
- Cross-examine petitioners at hearings
- Present evidence disproving allegations
- Expose improper motives (custody, revenge)
- Minimize restrictions if some order warranted
- Protect your custody and visitation rights
- Preserve gun rights when possible
- Modify or terminate existing orders
- Defend against violation allegations
The Nevada County Restraining Order Process
How Restraining Orders Work in Nevada County Superior Court
Phase 1: Filing the Petition (Day 1)
For Petitioners (Seeking Protection):
- File forms at Nevada County Superior Court, 201 Church Street, Nevada City
- Clerk reviews petition for completeness
- Judge reviews same day or next day
- If granted, temporary restraining order (TRO) issued immediately
- Hearing scheduled 15-21 days out (faster than most counties)
For Respondents (Defending):
- You receive notice of TRO and hearing date via service
- TRO takes effect immediately upon service
- You must comply with TRO even if you believe it's unjust
- You have until the hearing to prepare your defense
Phase 2: Service of Process (Days 2-5)
- Petitioner arranges service on respondent (usually Nevada County Sheriff)
- Respondent receives copies of petition, TRO, and hearing notice
- Service must be completed at least 5 days before hearing
- Proof of service filed with Nevada County court
Phase 3: Response Preparation (Days 6-14)
For Respondents:
- File written response (optional but recommended)
- Gather evidence: texts, emails, witnesses, alibi proof
- Prepare testimony and cross-examination questions
- Identify inconsistencies in petitioner's declaration
For Petitioners:
- Review respondent's response if filed
- Prepare for cross-examination
- Organize additional evidence and witnesses
- Prepare testimony on each incident
Phase 4: The Nevada County Hearing (Day 15-21)
Typical Nevada County hearing process:
- Both parties appear at Nevada County courthouse
- Hearings typically last 30 minutes to 2 hours
- Petitioner testifies first, describes incidents
- Respondent's attorney cross-examines petitioner
- Respondent testifies and presents defense
- Petitioner's attorney cross-examines respondent
- Witnesses may testify for either side
- Evidence presented (photos, texts, police reports)
- Judge makes decision same day (usually)
Phase 5: Judge's Decision
Possible outcomes in Nevada County:
- Grant permanent restraining order: Usually 1-5 years duration
- Deny restraining order: TRO expires, no permanent order
- Grant modified order: Some protections but fewer restrictions
- Continue hearing: More time needed (rare in Nevada County)
Phase 6: After the Decision
- Order filed with Nevada County court clerk
- Entered into California statewide database
- Law enforcement notified
- Copies provided to both parties
- Respondent must comply immediately if granted
Nevada County Timeline: From filing to final hearing typically takes 15-25 days in Nevada County—faster than most California counties due to smaller caseload.
Common Nevada County Restraining Order Scenarios
Based on 25+ years practicing in Nevada County, these are the most common restraining order situations I handle:
Domestic Violence Cases
- Urban relationship disputes: Former partners, divorce/custody battles in populated areas
- Rural domestic violence: Isolated homes throughout unincorporated Nevada County
- Residential community conflicts: Neighborhood disputes between partners in gated and lake communities
- Seasonal worker relationships: Breakups among resort and tourism industry workers
Civil Harassment Cases
- Neighbor disputes: Common in rural Nevada County areas with property boundary conflicts
- Roommate conflicts: Grass Valley and Nevada City rental situations
- Ex-partner harassment: Non-qualifying relationships (dated briefly, no children)
- Online harassment: Increasingly common throughout the county
False Accusation Defense
- Custody manipulation: Orders filed right before custody hearings
- Property disputes: Using restraining orders in property division conflicts
- Revenge filings: Retaliation for ending relationship or new relationship
- Exaggerated allegations: Minor arguments blown out of proportion
Elder Abuse Cases
- Financial exploitation: Adult children or caregivers exploiting elderly Nevada County residents
- Caregiver abuse: In-home care situations in rural areas
- Family conflicts: Disputes over care or inheritance
Restraining Order Violations in Nevada County
Violating a Nevada County restraining order is a criminal offense prosecuted by the Nevada County District Attorney's Office:
What Constitutes a Violation
- Any contact prohibited by the order (phone, text, email, social media)
- Coming within specified distance of protected person
- Going to protected locations (home, work, school)
- Third-party contact attempts
- Even "positive" contact (gifts, flowers, apologies) violates no-contact orders
Nevada County Violation Enforcement
- Nevada County Sheriff: Primary enforcement in unincorporated areas
- Grass Valley PD: Violations in Grass Valley
- Nevada City PD: Violations in Nevada City
- Truckee PD: Violations in Truckee
- California Highway Patrol: Violations on county highways
Criminal Penalties
- First violation: Up to 1 year county jail, $1,000 fine
- Subsequent violations: Enhanced penalties
- Violence-involved violations: Possible felony charges
- Nevada County DA actively prosecutes violations
Nevada County Restraining Order Costs
| Service | Nevada County Cost | Notes |
|---|---|---|
| Filing restraining order petition | $0 (no fee) | Free for DVRO, CHRO, EAARO |
| Service by Nevada County Sheriff | $40-$50 | Fee waivable if low-income |
| Response filing | $0 (no fee) | Free to respond to petition |
| Modification petition | $0 (no fee) | Free to modify or terminate |
| Attorney representation | Varies by case | Call for quote: 530-265-0186 |
Nevada County Fee Waivers: If you receive public benefits or your income is below 125% of federal poverty guidelines, you can request fee waivers for service costs. Nevada County court staff can provide fee waiver forms.
Nevada County Restraining Order Questions
Where do I file for a restraining order in Nevada County?
All restraining order petitions in Nevada County must be filed at Nevada County Superior Court, 201 Church Street, Nevada City, CA 95959. This is the only courthouse in Nevada County. Whether you live in Grass Valley, Truckee, Penn Valley, or anywhere else in the county, you file in Nevada City.
How long does it take to get a restraining order in Nevada County?
Nevada County temporary restraining orders (TRO) are typically decided same-day or next-day after filing. The full hearing is scheduled 15-21 days later—faster than most California counties due to Nevada County's smaller caseload. The entire process from filing to permanent order takes 2-4 weeks.
Do I have to go to Nevada City for the hearing if I live in Grass Valley or Truckee?
Yes. All Nevada County restraining order hearings occur at Nevada County Superior Court in Nevada City, regardless of where you live. Both parties must appear at the courthouse at 201 Church Street unless the judge allows telephonic appearance (rare). Nevada City is centrally located and accessible from all Nevada County communities.
What happens if I violate a Nevada County restraining order?
Violating a restraining order in Nevada County is a criminal offense prosecuted by the Nevada County District Attorney. You'll be arrested and charged under Penal Code § 273.6. First violations typically result in up to 1 year county jail and $1,000 fine. Nevada County law enforcement (Sheriff, Grass Valley PD, Nevada City PD, Truckee PD) actively enforce restraining orders.
Can I get a restraining order dismissed in Nevada County?
Yes. Either party can request modification or dismissal of a Nevada County restraining order at any time. You must file a request with Nevada County Superior Court and attend a hearing. The judge will decide whether to modify or dismiss based on changed circumstances. Both parties must be present at the hearing.
How do I defend against a false restraining order in Nevada County?
You have the right to contest the restraining order at the hearing. Prepare evidence disproving allegations (texts, witnesses, alibis), identify inconsistencies in the petition, show lack of credible threat, or prove improper motive (custody advantage, revenge). I can cross-examine the petitioner, present your evidence, and argue your defense before Nevada County judges.
Will Nevada County judges grant restraining orders easily?
Nevada County judges take restraining orders seriously but require actual evidence of abuse, threats, or harassment. They understand small-town dynamics and recognize when orders are being misused. Temporary orders are granted more easily, but permanent orders require convincing evidence at the hearing. Having an experienced attorney who knows Nevada County judges' tendencies is crucial.
Can I represent myself in Nevada County restraining order hearings?
Yes, you can represent yourself (called "pro per" or "pro se"), but it's not recommended. Restraining order hearings involve legal procedures, evidence rules, and cross-examination that most people aren't familiar with. Nevada County judges expect proper procedure. An experienced attorney who practices regularly at Nevada County Superior Court knows what judges expect and how to present compelling cases.
Get Help with Your Nevada County Restraining Order Case
Whether you need protection from abuse or harassment anywhere in Nevada County, or you're defending against false accusations, experienced legal representation at Nevada County Superior Court is essential. Restraining order hearings happen quickly—typically within 2-3 weeks of filing—so immediate action is critical.
Call 530-265-0186 now for your free consultation. I'll review your situation, explain your options, and develop a strategy to protect your rights and safety. With 25+ years of experience at Nevada County Superior Court, I know the local judges, understand local procedures, and know how to win restraining order cases in our county.
Don't face Nevada County restraining order proceedings alone. Get experienced local representation today.