How do I file for a Domestic Violence Restraining Order (DVRO) for myself and my children in California?
To file for a Domestic Violence Restraining Order (DVRO) in California, you must complete and file specific court forms, have a judge issue a temporary order, and then legally notify the other person of your court hearing.
Here is how to file for a DVRO for yourself and your children:
Step 1: Complete the Required Court Forms
You must fill out several forms, primarily the DV-100 (Request for Domestic Violence Restraining Order), DV-109 (Notice of Court Hearing), and DV-110 (Temporary Restraining Order). Be specific and detailed when describing the abuse, including dates and locations. List your children on form DV-100 to include them in the protection order. You can find these forms on the California Courts website or at your local courthouse.
Step 2: File the Forms with the Court
Take your completed forms to the clerk at your local Superior Court. There are no filing fees for DVRO requests. The clerk will stamp your forms and give you a case number and a court date for your hearing, which is typically set within 21 days. A judge will review your request the same day or the next court day.
Step 3: Get Your Temporary Restraining Order (TRO)
If the judge approves your request, they will sign the Temporary Restraining Order (form DV-110). This order starts immediately and is valid until your full court hearing. The TRO will list the specific orders the other person must follow. Keep a certified copy with you at all times.
Step 4: Serve the Papers on the Other Person
You cannot serve the papers yourself. You must have someone 18 or older who is not protected by the order—such as a friend, a professional process server, or the sheriff—deliver a copy of all filed forms to the person you are restraining. The papers must be served at least five days before the hearing. The server then fills out and files a Proof of Service (form DV-200) with the court.
Step 5: Attend Your Court Hearing
Go to your scheduled court hearing. Bring any evidence, such as photos, text messages, or police reports. At the hearing, the judge will listen to both sides and decide whether to issue a permanent restraining order, which can last for up to five years and can include child custody and visitation orders.
Important Details: Your local court likely has a self-help center that can assist you with completing the forms for free. The sheriff's department will often serve DVRO papers for free.
Warnings and Limitations: If you do not attend your court hearing, your Temporary Restraining Order will expire, and your case will be dismissed. The person you are restraining has the right to file a response and present their side at the hearing.
This is general information and does not constitute legal advice. For complex situations, especially those involving child custody disputes, it is highly recommended to consult with a qualified California attorney.
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This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 29
Updated: August 13, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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