restraining orders - domestic violence

What is an Elder or Dependent Adult Abuse Restraining Order?

It is a court order that helps protect you from someone who has abused you; and

You have a close relationship with that person (married or registered domestic partners, divorced, separated, dating or used to date, live together or used to live together*), or you are related (For example: parent, child, brother, sister, grandmother, grandfather, mother-in-law, or son-in-law) or you have a child with the person. *You have to be more involved than just roommates.

What forms do I need?

To apply for an Domestic Violence Restraining Order you will need the following forms to get started:
1. Request for Domestic Violence Restraining Order (DV-100)

2. Notice of the Court Hearing (DV-109)

3. Temporary Restraining Order (DV-110)

4. Confidential CLETS Information (CLETS-001)
5. Description of Abuse (DV-101), if you need more space to describe the incident(s).

These forms are also available free of charge at the Civic Center Courthouse, Room 402 from 8:30 a.m. to 2 p.m., Monday - Friday, excluding Court holidays.

After I have completed the forms, what do I do?

Make two copies of the completed Request for Domestic Violence Restraining Order (DV-100). Staple the original (and copies), then take the completed Request for Domestic Violence Restraining Order (DV-100) and two copies, the Confidential CLETS Information (CLETS-001), the Notice of the Court Hearing (DV-109), and the Temporary Restraining Order (DV-110) to the courthouse for filing.

Where do I file my forms?

Present completed forms and copies to Family Law Front Window in Room 402 of the Civic Center Courthouse.

What if I need an interpreter?

If you will need an interpreter at your Restraining Order Hearing, tell the clerk in Room 402 when you file your restraining order forms so that one may be arranged for you.

Is there a filing fee?

There is no fiing fee to file a domestic violence retraining order.

When will I get my order?

If you file your petition before 10 a.m., you may pick up your restraining order the same day between 2:30 and 4 p.m. outside Room 402, Family Law filing.

If you file your petition after 10 a.m., you may pick-up your restraining order on the next court day between 2:30 and 4 p.m. outside Room 402, Family Law filing.

Please pick up your order promptly to allow enough time to have the defendant(s) served with the Temporary Restraining Order and Notice of Court Hearing. Pick up your restraining order between 8:30 a.m. and 2 p.m. at the Family Law Front Window in Room 402, Monday through Friday, excluding Court holidays.

How do I get the other party served?

You can choose one of three ways to serve the defendant:

You can go through the Sheriff’s Department (located in City Hall, Room 456 on the 4th Floor), or any law enforcement officer.

There is a $30 fee unless you have a granted fee waiver to go through the Sheriff’s Department.

Any person who is at least 18 years old and is not a party to the action can serve the defendant on your behalf. Make sure the person fills out the Proof or Personal Service (DV-200).

Hire a process server. You can find one online by searching in a web brower for "process server." Make sure you get the completed Proof of Service form from the process server.

A Proof of Service must be completed and signed by the person who serves the other party. You must file the Proof of Service in Room 103 and bring a copy to your court hearing.

What if I can't get the restraining order served in time for the hearing?

There are two ways you can continue your court date on your Domestic Violence case.

If you were not able to serve the defendant, you will need to request the Court to reissue the temporary restraining order. This request is made by completing the Request to Continue Court Hearing (DV-115) and the Order on Request to Continue Hearing (DV-116). These forms also are available at the Civic Center Courthouse, Room 402, from 8:30 a.m. to 2 p.m., Monday - Friday, excluding Court holidays. The forms must be completed and filed along with a copy of your prior Temporary Restraining Order (DV-110), a minimum of two days before the date of your scheduled hearing.
You also may orally request a continuance in Court during your hearing. If your request for continuance is granted, the Judge will sign an Order on Request to Continue Hearing (DV-116) form and set a new hearing date.

Both methods extend your Temporary Restraining Order so you will be protected until the new hearing date.

Where can I find someone to help me?

The ACCESS Center can show you how to fill out the forms you will need, explain the filing process, and help you prepare for Court.

The Bar Association of San Francisco's Cooperative Restraining Order Clinic can assist with the process. Call (415) 255-0165 to schedule an appointment.