Process for getting a restraining order

Step 1: Gather Evidence or Proof

The first step is to gather the evidence to support your case. What proof do you need for a restraining order in California?  The following are considered as evidence of domestic violence.

Evidence Type 1: Pending Criminal Case

Was the abuser involved in any crime or is there a police report, related to the abuse being done to you ?  Judges are more likely to issue an order if there is an ongoing criminal case, therefore it’s important to mention such cases out in your paperwork for applying for restraining order.

When a judge sees that there’s a criminal case happening, they might think it means the police or the district attorney are pretty sure they can prove the crime happened.

Evidence Type 2: Photos of violence, injuries, damage

These are the most common types of evidence submitted. These can be photos of victim’s injuries inflicted by the abuser. It is helpful to add photos next to the related incident description to help create a complete picture for the judge.

Evidence Type 3: Print outs of messages, emails or transcripts of voicemail

You can take screenshots of text messages and attach them. Similarly you can print emails and attach them as pictures or PDF files. While in most cases you cannot submit digital files such as

Evidence Type 4: 911 Calls

Rather than just saying you called 911 or any specific hotline, you can make your case stronger by listing the following items

• The number dialed in case of the domestic hotline
• The date and time (or approximate date and time) when the call was made
• Who made the call
• What was reported on the call
• Any specific details of the person who answer the 911 call e.g. male/female voice

Evidence Type 5:  Medical Records

.You can attach documentation of previous medical emergencies or injuries that resulted from the actions of the abuser. These could be hospital visit records, print outs from your hospital portal (E.g. mychart) showing details of your visit.

Evidence Type 6:  Police reports

You can attach a copy of the police reports filed against abuser for domestic violence.

Evidence Type 7:  Testimony

• A testimony from a witness. The witness can be anyone such as a family member, neighbor a co-worker or a bystander. The testimony is just an essay written describing the incidents witnessed, with as many specifics as possible.

Step 2: Get a copy of court forms 

You can fill these online for free by visiting here

In order to apply for a restraining order, you need to fill and submit a specific set of official California court forms. These have questions aimed at understanding your situation and the people involved.

Domestic Violence Restraining Order Forms

Main form

• DV-100  Request for Domestic Violence Restraining Order (DV-100)

Then supporting forms which are also required are

• CLETS-001  Confidential CLETS Information
• DV-109 Notice of Court Hearing
• DV-110 Temporary Restraining Order

These forms are required only in certain situations i.e. If you have children together, and also want child custody, parenting time, or child support orders:

• FL-150  Income and Expenses Declaration
• DV-105 Request for Child Custody and Visitation Orders
• DV-140 Child Custody and Visitation Order
• DV-108 Request for Order: No Travel With Children
• DV-145  Request for Order: No Travel With Children

Civil Harassment Restraining Order Forms

Main form

• CH-100 Request For Civil Harassment Restraining Orders

• CM-010 Civil Case Cover Sheet Required when you file any new civil case.
• CH-109 Notice of Court Hearing: This form is only used if your initial case is successfully submitted but you sill need to file it initially as part of CH-100.
• You will the basic information to make it easier for the court to fill their parts and issue a notice of hearing to all parties including you (or the victim) and the abuser.
• In case a hearing is set then the court fills this form and completes it. Then this is used as a formal “invitation” or notice to attend the court hearing.
• CH-110: Temporary Restraining Order (CLETS-TCH) This form is only used if your initial case is successfully submitted but you sill need to file it initially as part of CH-100. You will the basic information to make it easier for the court to fill their parts
• In case a hearing is set then the court will issue a temporary restraining order via this form so you (or the victim) have protection until the hearing happens. So this is a very powerful document once a judge signs it.
• CLETS-001: Confidential CLETS Information: The information on this form will help police enforce your restraining order. The court will not use the information on this form and the person you want a restraining order against will not get a copy.
• CH-200 Proof of Personal Service: Use to prove that you had someone 18 or older (not you) give the person to be restrained a copy of the request, notice of court hearing, and temporary restraining order (if issued) in person.
• CH-130 Civil Harassment Restraining Order After Hearing (CLETS-CHO): If the judge grants any a full restraining orders (as opposed to the temporary order) they will fill and sign this form. This is the official restraining order then
• CH-120 Restraining Orders Leave this form blank and serve on the restrained person with the copy of your request and notice of hearing.
• CH-800 Proof of Firearms Turned In, Sold or Stored : Leave this form blank and serve on the restrained person with the copy of your request and notice of hearing.
• CH-250 Proof of Service by MailUse to prove that you had someone 18 or older (not you) mail to the restrained person a copy of your Civil Harassment Restraining Order After Hearing (form CH-130). Make sure you can in fact serve form CH-130 by mail in your case.

The complete set of documents is at the California Courts website. While these forms are used in most courts, certain courts use modified versions of these forms, and its important to uses those versions.

Tip: You can check your local court’s website to see the exact versions and set of court forms needed. You need to prepare these forms. Courts also offers a free self help center where you can take forms. Alternatively you can use a free website such as LegalAtoms to prepare the restraining orders paperwork online.

Nothing happens until you file the forms. So its a good idea to step through the forms even if you think you don’t plan to file for a protection order right now, to get

You can then file them online when you’ve thought through all aspects.  There are special protections for victims, and you’re protected even if your immigration status is undocumented in United States.

Step 3: File the Court Forms 

The process of submitting  your case documents with a court is called filing. It involves delivering your case documents to the court where the clerk reviews that the documents are correct and complete, and enters them into the court’s database, at which point the case is officially filed.

Venue
The proper venue for a restraining order case is the county where the abuse took place or where the restrained party lives. However, venue is a defensive motion and should be considered by the court only if the restrained party objects by filing a noticed motion for change of venue at or before the time of responding to the request.25 Improper venue is not a proper basis for the court to deny relief on its own motion (sua sponte).

Identify the court at your county

In California, one typically file at the Superior Court at county of your residence or where the abuse occurred. For example, if you live in San Francisco city, then the Superior Court of California, County of San Francisco.  There can be many special cases and fine print but that is the most common case. Please consult a lawyer if your situation is uncommon e.g. the abuser is overseas or you are overseas and the abuser is in California.

Correct sub-location

Within the Superior Court of a county, there may be one location such as Superior Court of San Francisco OR multiple locations such as the one in San Bernardino, and each court has it’s own system so that you must file at the correct location.

For example here are some of the locations of the Superior Courts in California at San Bernardino County which are

• Barstow District: 235 East Mountain View Street Barstow, CA 92311
• Fontana District: Fontana District: 17780 Arrow Boulevard Fontana, CA 92335
• Joshua Tree District: 6527 White Feather Road Joshua Tree, CA 92252
• Needles District: 1111 Bailey Ave Needles, CA 92363
• Rancho Cucamonga District: 8303 Haven Avenue Rancho Cucamonga, CA 91730
• Victorville District: 14455 Civic Drive Victorville, CA 92392
• San Bernardino District: 351 North Arrowhead Avenue San Bernardino CA 92415

Identify the methods of Filing

Method # 1: In Person:

Your court location would accept the forms to be submitted in person at the court hours.

Tip: All courts have lunch hours when they are closed for an hour

When you submit your case documents at the court, typically you take 3 copies.

The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.

The stamp may look something like this:

Method # 2:  Electronically via a portal

Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit. You will be required to pay around $5-$10 filing fees.

Method # 3:  Via another person 

Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.

Step 4: Get a Temporary Order 

Depending on the facts and evidence presented, a Judge can issue a restraining order with immediate effect until the hearing, called an Emergency Temporary Order.  In relatively less risky situations, a temporary order is issued in a few days.

If there are no grounds or if the application is incomplete or the jurisdiction is incorrect the application may be rejected.

The temporary order is only valid for about 3 weeks which is the amount of time until the hearing. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing.

Step 5: Serve the abuser 

If you were successful in getting a temporary order only then this step is necessary, otherwise you will have to wait until you get one.

In the California legal system system, whenever one party initiates a restraining order it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent, and is often seen in movies and TV shows as “You’ve been served”.

Under the California law there are multiple ways in which the other party can be served.

You cannot  serve your papers yourself.

Option 1:  Ask a Cop (FREE)

A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. You will however need the address of the abuser. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in California, prison staff, not the sheriff, will serve your papers. Follow the instructions by the California Department of Corrections and Rehabilitation for serving someone in prison

Option 2: Ask a friend, relative or any adult (FREE)

You ask someone you know to be your server

• 18 or over, and
• not part of your case

Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers.

Option 3: Hire a courier for legal papers (Process Server)  

You can also hire a courier called  professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example . An example is ABC Legal Services.

You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.

Step 6: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full restraining order is issued. At this point it becomes a crime for the abuser to break the conditions of the restraining order.

Step 7. Collect the Final Order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

How long does it take to get a Restraining Order

You can get a temporary protection order the same day as you file. Courts can have a cutoff of around 2 p.m.  for the same day service, 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.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing. At the hearing a formal order may be issued which is valid for 5 years.

Risks

It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.

The response of your abuser after the filing of a protection order is unpredictable. While a Domestic Violence Protection Order (DVPO) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.

Despite the safeguards intended by a DVPO, abusers may retaliate through various means, such as:

1. Physical assault or violence
2. Harming or taking away children
3. Damaging jointly owned property
4. Disregarding the order and persisting with threats, possibly through intermediaries
5. Inflicting harm or causing harm to pets
6. Harassing your loved ones for information
7. Engaging in stalking behavior
8. Initiating a retaliatory restraining order against you
9. Spreading false information about you in court documents, online, or publicly

Following the submission of a domestic violence Protection order, it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.