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Restraining Orders – Domestic Violence

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A Legal Guide *Not Legal Advice*

How To Obtain a Restraining Order for Domestic Violence in California

It’s Not an Easy Choice.

It’s a Necessary Choice.

Write your Request for DVRO

Complete CA forms DV-100, DV 101, DV-109 and DV-110.
These forms tell the judge about the abuse you experienced and help you explain why you should be granted a restraining order. To enforce the order you will need to fill out CLETS-001.

If you have children, and want custody, fill out forms DV-105 and DV-108.
Also, complete DV-140, DV-145 and DV-150 and attach them to the DV-110.

If you would like to request support (money), complete FL-150.

In some cases, it might be useful to write a “declaration” explaining to the judge exactly what happened.  This declaration is signed under penalty of perjury, and can be supported by Exhibits, which is any type of evidence you have in support of your request for DVRO.

Learn More From the CA Self Help Website

File Your Request – Obtain a Court Date – Serve Your Papers

File the forms in the courthouse in the county where you live. Either e-file them online or go to the courthouse and manually file the documents. You may have to pay a fee, unles you qualify for a fee waiver.

Ask the court when your court date will be. This date is reflected in DV-109 Notice of Court Hearing document.

Serve the papers on the individual and file a Proof of Service using either DV-200 or DV-250.

Learn More On How To Serve Court Papers

Temporary Restraining Orders and the Response to a DVRO

By completing and filing form DV-109 and DV-110, the court will usually grant a temporary restraining order for immediate protection until a more formal hearing can take place. The temporary order will expire on the date of the hearing on a more permanent restraining order.

The other side can file a response using DV-120. This form tells the judge why they don’t agree with the request for DVRO. Additional information on the response is found on form DV-120-INFO.

In some cases, it might be better for a respondent NOT to file a response to a DVRO. Consult with an attorney for more information. 






Learn more About Temporary DVROs

The Hearing on a Permanent Restraining Order

At your hearing, the judge will have already reviewed your written paperwork. The judge may have additional questions for each party, at which point, you can expand on the circumstances of your situation and nature of the abuse you encountered.  Be respectful and organized, focusing on one incident at a time. Refer to your written paperwork and any evidence you have in support of your position. 


After reviewing all the evidence, the Judge will issue a decision. This decision includes orders regarding the restrained person’s conduct, the order’s duration, whether children are included as protected parties, and other requested orders such as control of property, child or spousal support, supervised visitation, batters’ intervention program, firearms, and attorney’s fees and costs. 


These orders are written and signed by the judge in DV-130 Restraining Order After Hearing.  This Court Order is supported by DV-140, DV-145, DV-150, FL-342, FL-192, and FL-343.

Learn more About Permanent Restraining Orders

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A Legal Article *Not Legal Advice*

What are the Grounds for a Restraining Order?

According to Family Code section 6320, the court may issue a restraining order after a noticed hearing if the evidence provided to the court shows, to the satisfaction of the court, that it is more likely than not that past acts of abuse occurred.

What is an “Act of Abuse”?

Abuse does not have to be actual infliction of physical injury or assault. The court must find a
past incident of abuse, threat of abuse, or behavior that can be enjoined under Family Code
section 6320, which lists several types of nonviolent conduct that constitute abuse under the law:

Harassment or Assault

This can include sexual assault or molestation.

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Telephoning/Annoying calls

Consistent harassing telephone calls can be abusive. Disclosing intimate details of someone’s life, even if the information is legally obtained, can constitute abuse. The ability to continue to engage in activity that has been determined after a hearing to constitute “abuse” is not the type of speech afforded protection by the First Amendment to the U.S. Constitution.

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Destroying personal property

Destruction of your personal belongings may be classified as abuse. 

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Disturbing the peace

“Disturbing the peace” is conduct that “destroys the mental or emotional calm of the other party.” Abuse against a party’s child is also considered direct abuse against that party if it destroys the party’s mental or emotional calm.

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Coercive control, including
reproductive coercion

Coercive control is “a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty.” Even an action that seems benign standing alone may be a part of a greater pattern of
abuse, especially in cases involving coercive control.

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Attacking, Striking or Threatening

Direct physical violence can be abuse.

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We add a touch of sophistication to your situation in order to best communicate with the Court.

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