Domestic Violence Restraining Order - How to Request Print this Page
Phone: (415) 444-7040
Email: familylaw@marincourt.org
Location: Civic Center, Hall of Justice, Room 113
Office Hours: 8:30am - 4:00pm


How to Apply for a Domestic Violence Restraining Order

You may apply to the Court for an order restraining a person from all contact with you, your children, and other family members; from living in the residence; and to stay away from you, your home, your vehicle, your place of employment, and the children's school and/or place of child care.

THERE IS NO CHARGE FOR DOMESTIC VIOLENCE RESTRAINING ORDER FORMS. All forms are available from the Civil Clerk's Office.

You may also access the forms on line at http://www.ezlegalfile.org or http://www.courtinfo.ca.gov. Restraining order forms are available in English, Spanish, Vietnamese, Chinese and Korean.

For help filling out the forms, please contact:

  • Legal Self Help Services, Civic Center, Hall of Justice, Room 244, San Rafael, (415) 444-7130
  • Family and Children's Law Center, 30 North San Pedro Rd, Suite 245, San Rafael, (415) 492-9230.

To apply for a restraining order, please complete the forms available from the links above. An applicant for a restraining order must have the completed forms to the Clerk's Office in room 113 before 10:30 a.m., Monday through Friday. The clerk will give the completed forms to a judge to review. The Court will sign or reject restraining orders each day by 1:30 p.m. The applicant may pick up the forms at the Clerk's Office after 2:30 p.m. If the reviewing judge approves them, the clerk will set a date for the hearing and the restraining order will take effect when it is served on the restrained person. If the 10:30 a.m. deadline is missed, the applicant can still turn in the completed forms which will be reviewed by the Court on the next business day.

In all cases, temporary restraining order forms must be accompanied by a declaration describing in detail the incidents of abuse which support your application for a restraining order. Your request will be reviewed by a judicial officer and then, if the temporary restraining order is granted, it will be filed with the Court. A person over the age of 18 must serve the papers on the other party. The Sheriff's Office will attempt to serve the papers for domestic violence restraining orders free of charge. The Sheriff's Office is also located at the Civic Center in Room 145.

At the time you submit your application for a temporary restraining order, you must fill out a confidential Law Enforcement Supplemental Information form. This form requests descriptive information, including birth date, home and work addresses and telephone numbers, and the driver's license number of the person you seek to have restrained. Bring all identifying information you have regarding this person with you to the Court. The purpose of this form is to make sure that your restraining order can be enforced and that it can be entered into a Statewide Protective Order Registry which is available to all law enforcement agencies.

IF YOU ARE IN IMMEDIATE DANGER, CALL 911

Overview

There are four types of restraining orders:
  1. Domestic Violence
  2. Civil Harassment
  3. Elder or Dependent Abuse
  4. Workplace Violence
 
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