What steps must I follow to get a domestic violence temporary restraining order (TRO) in California?

To get a domestic violence temporary restraining order (TRO), you must complete and file specific court forms, have a judge review them, and then have the other person legally served with the court-ordered documents. Here are the steps you must follow: Step 1: Complete the Required Forms You will need to fill out several forms. The main ones are the Request for Domestic Violence Restraining Order (Form DV-100), the Notice of Court Hearing (Form DV-109), and the Temporary Restraining Order (Form DV-110). You can get these forms from your local superior court clerk's office or online at the California Courts website (courts.ca.gov). Be very specific and truthful when describing the abuse on Form DV-100. Step 2: File Your Forms with the Court Clerk Take your completed forms to the family law clerk's office at your local county superior court. There is no fee to file for a domestic violence restraining order. The clerk will take your paperwork and forward it to a judge for review. Step 3: Get Your Temporary Restraining Order A judge will review your request, usually the same day or the next court day. If the judge finds sufficient grounds for immediate protection, they will sign the Temporary Restraining Order (Form DV-110). This order will be valid until the court hearing date, which is typically set within 21 days. Step 4: Serve the Restrained Person You must "serve" the other person, which means someone else must personally deliver a copy of all the filed court forms. The server must be over 18 and not a party to the case. You can ask a friend, relative, professional process server, or the county sheriff to do this. This must be done at least five days before the court hearing. Step 5: File Proof of Service The person who served the papers must fill out and sign a Proof of Personal Service (Form DV-200). You must file this form with the court clerk before your hearing to prove the other party was notified. Important Considerations: The temporary restraining order is not enforceable until the other person has been served. Make sure to bring copies of all your filed documents, especially the signed TRO (Form DV-110), to your court hearing. Court self-help centers can often provide free assistance with filling out your forms. Warnings and Limitations: Be completely honest in your paperwork, as lying to the court is a crime. Failure to properly serve the other party can result in your case being postponed or dismissed. The process can become more complex if the other party contests the order or if child custody and visitation are involved. This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney to protect your rights and safety.