Recently updated on April 22nd, 2024 at 10:18 pm
Create and File for your Domestic Violence Restraining Order (DVRO) Online
This is a free website for victims of domestic violence and their loved ones, to prepare and file for the Domestic Violence Restraining Order (DVRO).
Victims of domestic violence can get a restraining order formally called a DVRO against their abuser.
The website breaks down the process into a series of friendly questionnaires, with helpful explanations from lawyers and court officials. Once you complete the questionnaires, you can either file electronically OR download forms and instructions for filing at your local court.
A domestic violence restraining order (DVRO) is a court order given to protection a person from abuse from a romantic partner, a family member or a household member. The order restricts the abuser e.g. asking them to stay a minimum distance away from the victim's residence.
A DVRO is given in situations where the abuser is someone the victim has dated or had an intimate relationship with, including a spouse or domestic partner. It can also be against a relative such as a child, parent, sibling, grandparent or in-laws.
Abuse can be emotional or physical. It can happen anywhere, including online. Abuse can happen in different ways, including someone stopping you from accessing money or basic needs, or isolating you from friends or family.
How it Works - Video Overview
A short video that outlines how you can prepare your official DVRO courts forms (also known as packet). Then file it at the local Superior Court.
Domestic violence is abuse or threats of abuse from a spouse, family member, intimate partner, co-parent, or someone you live with.
When you start preparing your case on this website, you will be presented with a screening first which will just help you decide that your situation is not completely unrelated.
Ultimately it depends on the court to issue you a restraining order.
This step involves answering a range of questionnaires on the person you need protection from, and the overall situation. These questionnaires just present the same questions which are on the court forms, in a more friendly way. After you complete the questionnaires your responses are populated in the court forms which are ready for filing.
Unless you file with the court, the entire process is confidential which only you know about. So its a good idea to go through the questionnaires in case you're just exploring.
Filing your case documents with the court is the first step. This is the first step to begin the official process.
The specific office within the court system is called the Office of the Clerk. Typically you go to the Superior Court or family justice center in your county.
A clerk will review your case files and accept the documents. They may give you a case number so you can use it a reference number for future.
A judge reviews your paperwork and determines whether a temporary order is to be granted until the hearing.
In case the judge rejects your case, then your case ends here.
In case the judge grants your request, a hearing is set. And for the window between now and the hearing, a temporary restraining order is issued with immediate effect.
The clerk will now provide you with the court forms to deliver to the other party against whom you're filing the restraining order. These inform the respondent to appear for the upcoming court hearing.
The Proof of Service form (form code is DV-200) needs to be filled by the person who delivered the documents to the respondent. And then filed with the court.
This is a required step for the hearing to be held on time.
A hearing is a court session where the judge sees the case facts and evidence to determine whether to grant an order.
A judge may issue the restraining order. This is typically done on DV-130.
The restraining order needs to be delivered to the respondent. This is to prove that they have been made aware.
Again the proof of service has to be filed.
This website provides a guided experience to people who are working themselves on preparing the court forms for a Domestic Violence Restraining Order.
1. Take Screening
Start with the Online Screening which will step you through a few questions to then suggest whether your situation is suitable for a Domestic Violence Restraining Order.
2. Prepare Documents
Prepare the main set of your court documents by covering one topic at a time. Each topic offers questions in simple and non-legal language. Just do your best and in case you need help you can get reach out for help just with a few clicks.
3. Consult Advocate (Optional)
In case you are filing against someone you had an intimate relationship with, you can consult with an advocate. The advocate can assist you with certain aspects of the case. They can review your case documents, and talk to you directly to discuss your case.
4. Submit to Court
Submit the paperwork to begin the legal process. You can do that by either printing and visiting the court or directly E-filing from this website.
Domestic violence is abuse or threats of abuse from a spouse, family member, intimate partner, co-parent, or someone you live with.
The domestic violence laws say “abuse” is:
- Physically hurting or trying to hurt someone, intentionally or recklessly;
- Sexual assault;
- Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
- Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
The DVRO can require any number of the following items from your abuser:
- To not contact you and stay away from you (including move out)
- Not have a gun;
- In case you share children, then follow child custody and visitation orders, pay child support,
- In case you were married or a formal domestic union, then pay spousal support
- Help with personal or household items such as
- Passport or other IDs
- Cell phone
- Pets
- A range of financial items such as
- Pay certain bills
- Keep insurance policies;
- Not incur large expenses or do anything significant to affect your or the other person's property if you are married or domestic partners;
- Release or return certain property; and
- Complete a 52-week batterer intervention program.
A restraining order cannot:
- End your marriage or domestic partnership. It is not a divorce.
- Establish parentage (paternity) of your children with the restrained person (if you are not married to, or in a domestic partnership with, him or her)
Calfornia Penal Code 273.6 PC makes it a crime for a person to violate the terms or conditions of a court-issued restraining order, protective order, or stay-away order. This offense is a misdemeanor that carries a maximum sentence of up to one year in jail.
But a second-offense violation of a restraining order, or a violation that involves an act of violence, can be charged as a felony and punished by up to 3 years in jail or prison.
There are no fees for getting a domestic violence restraining order (DVRO).
Here's the official CA courts filing fees for different case types just to provide you with direct links and which confirm that there is no fees.
You are not required to have a lawyer, though it can help to have a lawyer if you can get one.
No, a lawyer is not required.
However, having a lawyer in any legal situation can benefit you.
You can get a temporary restraining order the same day as you file. Courts can close as early as 12:30 p.m. so you need to file before then. Otherwise, the order would be issued the following day when courts open.
Courts are generally open Monday-Friday and closed on Saturday-Sunday.
Court holidays in California can be seen here.
The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled within 3 weeks of filing.
At the hearing a formal order may be issued.
A DVRO may be issued for any length of up to five years, depending on the order issued. When the period is nearing completion, you can apply for a renewal for another five years.
In California, about 72 thousand domestic violence restraining order cases were filed over the 12 month period July 2019 - June 2020.
A DVRO can have several effects on the final divorce agreement.
Firstly, presence of domestic violence does not affect your chances of divorce, a that requires no particular reason. In California, there is no need for faults or any ground for divorce. So even if your spouse is accused of domestic violence, the divorce proceeds as is.
However, a DVRO can affect
- The accused to move out of the house
- Have limited child custody
- In certain cases be ineligible to receive spousal support (alimony)
- And other effects)
How do restraining orders help?
1. Reduce Violence
Civil protective orders (such as a DVRO) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.
2. Cost Effective
They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.
3. Urban vs. Rural
The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, it is critical to reduce barriers to obtaining protective orders as research indicates they may be an effective resource. Community-level barriers to enforce civil protective orders exist for women in rural areas.
When you pass the screening and complete the questionnaires, you can then download the following standard court forms filled correctly with your information. These court forms are provided by the California Courts and used across courts in California for DVRO.
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Request for Domestic Violence Restraining Order - DV-100
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Temporary Restraining Order - DV-110
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Description of Abuse - DV-101
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Notice of Court Hearing - DV-109
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Confidential CLETS Information - CLETS-001
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Request for Child Custody and Visitation Orders - DV-105
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Request for Order: No Travel with Children (Domestic Violence Prevention) - DV-108
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Child Custody and Visitation Order (Domestic Violence) One for DV-140 & DV-130
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Order: No Travel with Children (Domestic Violence Prevention - DV-145
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Restraining Order After Hearing (CLETS–OAH) - DV-130
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Order on Request to Continue Court Hearing (Temporary Restraining Order) (CLETS-TRO) (DomesticViolence Prevention) (DV-116) *
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Proof of Personal Service (CLETS) - DV-200
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Request for Interpreter (RI-IN007)
