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Alameda County Superior Court
Family Court Self Help

Domestic Violence & Restraining Orders

This section tells you about:

  1. What is Domestic Violence?

    Domestic Violence can be physical violence, a verbal threat of physical violence or a pattern of harassing behavior. If you are a victim of domestic violence you may qualify for filing a restraining order petition under the Domestic Violence Prevention Act.

    The victim and the abuser must have a close relationship (married, divorced, separated, dating or used to date, live together or used to live together as a couple), or be related (parent, child, brother, sister, grandmother, grandfather, in-laws).

    Domestic violence is also called "abuse". "Abuse" means to hurt, throw things, pull hair, follow, harass, sexually assault, stalk, break into the victim's home or work, destroy or steal the victim's property, intimidate or to threaten to do any of these things. Abuse can be spoken, written, emotional or physical.

    Domestic violence is always bad for children. It is never OK, in any family.

    If you over the age of 65 you may qualify for filing an Elder Abuse/Dependent Adult Petition and Order for Protection. The Elder/Dependant Abuse Petition allows the Petitioner to get a restraining order for protection against physical abuse as well as financial abuse.

    Abuse to an elder can be some of the following: threats, intimidation, pain or mental suffering, isolation, abduction or other mistreatment. It can also mean financial abuse.

    To qualify for an elder abuse petition the person must be over 65 or a dependent adult. A dependent adult is someone who is over the age of 18 and cannot make legal decisions for him or herself.

    The elder or the elder’s legal caretaker can file the elder abuse petition. The elder must have a relationship with the abuser such as a family member, caretaker or acquaintance who is taking advantage of the elder.

    If you don't qualify for a domestic violence restraining order (also known as a Domestic Violence Protection Act (DVPA) restraining order), or an Elder Abuse/Dependant Adult Petition, you can sometimes ask for a:

    • Civil Harassment Restraining Order - If you need protection from someone who is not, or has not been, a partner and is not a close family member described above, (for example, neighbors, roommates, and co-workers)

    • Workplace Violence Restraining Order - A business would file this if it needs protection for its worker(s).

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  2. How to get an Emergency Protective Order

    If you are in immediate danger, call 911!

    If you are in danger, ask a law enforcement officer to ask for an Emergency Protective Order from a Judge. You can ask for an Emergency Protective Order any time of the day or night.

    But, an Emergency Protective Order only lasts for 5 court days or 7 calendar days. To get a restraining order that lasts longer, you must file at the Courthouse in your area.

    If you need emergency shelter, help with your restraining order, or support in court, call one of the numbers below to get help from domestic violence resources in your community.

    • Domestic Violence Information and Referral Line: 1-800-246-6833
    • National Domestic Violence Hotline 1-800-799-SAFE (7233)

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  3. How to get a Restraining Order

    Click on the kind of Restraining Order you need:

    Domestic Violence Restraining Order:

    To get a Domestic Violence Restraining Order, you must fill out Domestic Violence Prevention forms. You can get them from:

    For help filling out the forms:

    • Call the hotline or referral line listed above for agencies in your area who may help you.
    • You can also call a lawyer for legal advice or to represent you in court by looking in the telephone book under "attorneys" or call the Alameda County Bar Association Lawyer Referral number at 510-893-7160.

    For additional information, read the Judicial Council information sheets:

    • Can a Domestic Violence Restraining Order Help Me? (Form DV-500)
    • Forms You Need for a Temporary Restraining Order (Form DV-505), and

    For more information on domestic violence, go to the California Self Help website.

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  4. Fees and fee waivers

    There are no filing fees for Domestic Violence Prevention restraining orders or for Elder Abuse/Dependant Adult Restraining Orders.

    There are no filing fees for a Civil Harassment Petition that includes allegations of violence, threats of violence, stalking or sexual assaults and no fee shall be paid for filing a response to a petition alleging these acts. A judicial officer will determine if filing fees are due. A hearing date will be set at least three weeks away and your hearing will be conducted upon payment of fees.

    There are no filing fees for a Work Place Violence Petition that includes allegations that a person has inflicted violence, threatened violence, stalked, or has caused an employee to have a reasonable fear of violence and no fees shall be paid for filing a response to ta petition alleging these acts. A judicial officer will determine if filing fees are due. A hearing date will be set at least three weeks away and your hearing will be conducted upon payment of fees.

    A filing fee is required to start or respond to a divorce or parentage action, but you may apply for a fee waiver if you have very low income.

    Click here for more information about fees and fee waivers.

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  5. How to fill out and file the Restraining Order forms

    Fill out these forms to ask for a restraining order. The forms must be filled out neatly in blue or black ink:

    If you have minor children with the person you want protection from, you also MUST fill out:

    • Child Custody, Visitation, and Support Request (Form DV-105), and
    • Child Custody and Visitation Order (Form DV-140)

    If you want child support, you also need to fill out:

    *Read Which Financial Form-FL-155 or FL-150? (Form DV-570) to find out which form is right for you.

    If you want to apply to have a Sheriff or Marshall serve the restraining order at no charge to you, you must complete the following forms:

    • Request and Order for Free Service of Restraining Order – (CH-101 or DV-290)

      AND

    • Application for Waiver of Court Fees and Costs – (982(a)(17)(A))

    Then, take your completed forms to the Clerk's Office nearest you. A judge will review your forms within 24 hours.

    You will have a court hearing in about 3 weeks so the judge can decide if the orders will continue for up to 3 years. Make sure to come to this court hearing.

    The clerk will instruct you when to come back to find out if the judge signed the Temporary Restraining Order (Form DV-110). The judge must decide by the next business day. When you pick your forms up, check to see if the judge made any changes to the orders you asked for.

    The Judge may not grant all of your requests on the temporary order, but you will have an opportunity to address all of your requests again at the hearing.

    The Clerk's Office will keep the original for the court and give you 3 certified copies. If you need more copies you can make them yourself.

    What to do with your 3 certified copies:

    • Keep 1 copy for yourself
    • Have someone serve a copy on the restrained party
    • Deliver one to your local law enforcement agency

    You may wish to make additional copies to be distributed as follows:

    • Give a copy to anyone else protected by the order
    • Leave copies at the places where the restrained person is ordered not to go (your school, work, etc.)
    • Give copies to security officers in your apartment and office buildings

    When you deliver a copy to your local law enforcement agency it will get entered into the CLETS system (California Law Enforcement Telecommunications System) which is a special computer system used by law enforcement agencies statewide.

    Look at Form DV-110 for the date and time of your court hearing. You must go to your hearing to get an order that can last up to 3 years. The order you have now only lasts for about 3 weeks.

    Serve the Restraining Order forms

    The forms can be served by someone you know, a process server, or the Sheriff.

    If you are going to use someone you know, that person must be over 18 and not protected by the restraining order. He or she must personally serve (give) a copy of the restraining order forms to the other party at least 5 days before the Court hearing unless otherwise stated on the temporary order signed by the judicial officer (Form DV110).

    The server must also give the other party a blank Answer to Temporary Restraining Order (Form DV-120) for them to fill out.

    A "process server" is a business you pay to deliver court forms such as restraining orders to the other party. Look in the Yellow Pages of your phone book, under "Process Serving."

    File your Proof of Service.

    The Proof of Service (In Person) (Form DV-200) shows the judge and police that the restrained person got a copy of the order. Make 3 copies of the completed Proof of Service. Take the original and 2 copies to the Clerk's Office before your hearing. The clerk will keep the original and give you back the copies stamped "Filed." Bring a copy to your hearing.

    Keep 1 copy with you and another in a safe place in case you need to show it to the police.

    If the restrained person wasn't served in time.

    The restrained person must be served before the hearing. If the restrained person wasn't served, fill out a Reissue Temporary Restraining Order (Form DV-125) to ask the judge for a new hearing date. Do this before or at your hearing.

    If the judge signs this order, the restraining order will last until the new hearing date.

    • File the signed Reissue Temporary Restraining Order (Form DV-125) with the clerk.
    • Attach it to your other court papers and get the restrained person served with all the restraining order papers and the reissuance.
    • Bring a copy to your hearing.

    After serving the orders, the server fills out and signs the Proof of Service (In Person) (Form DV-200) and gives it to you. You may file the original and two copies of the Proof of Service at the court clerk’s officer prior to your hearing, or you may bring the original Proof of Services to Court with you on your hearing date.

    For more information, read How to Reissue a Temporary Restraining Order (Form DV-126).

    Please note that the temporary restraining order (TRO) expires on your scheduled hearing date. If you do not appear at the hearing or obtain a reissuance from the Court Clerk prior to your hearing, your TRO will automatically expire and you must apply for another one.

    What do I do next? Get ready for your hearing.

    Be prepared:

    • Bring all other papers that you have not already filed that support your case
    • You can bring a friend or relative for support, but that person must not talk for you in court. If you are representing yourself your support person may sit with you, even during a hearing.
    • You can bring a witness but the judge may not have time to talk to them. If you bring a written statement of what the witness saw or heard make sure it is written under oath. It is best to file and serve witness statements at the same time as you file your Request for Order (Form DV-100) and Temporary Restraining Order (Form DV-110).
    • Do not bring your children.

    Don't miss your hearing!
    If you miss it, you will have to start from the beginning.

    Get to court 30 minutes early:

    • Find the courtroom.
    • If you are afraid of the restrained person, tell the officer. They can have a deputy walk you to and from your car if you want.
    • Watch the other cases so you will know what to do. You can also come to watch hearings before your court date to learn about the process.
    • When your name is called, go to the front of the courtroom.
    • Although your hearing may be brief, you should plan to be in the courtroom for as long as four hours. Please do not bring children.

    What if I need an interpreter?

    If you require the services of an interpreter, you must make your request when you file your papers. You must also let the clerk know if the restrained party requires an interpreter.

    Do not ask a child to interpret for you.

    No one who is listed on your papers can interpret for you.

    What if I have a disability that affects my ability to appear in court?

    If you have a disability that you feel affects your ability to appear in court, contact the clerk at the time of filing or at least 1 week before the hearing. For more help, read Persons With Disabilities: Q&A on Rule of Court 989.3.

    What's the best way to prepare?

    Make a list of the orders you want and practice saying them.

    If you get nervous at the hearing, just read from your list. Use that list to see if the judge has made every order you asked for.

    The judge may ask questions:

    • Tell the truth. Speak slowly. You can read from your list.
    • The restrained person or his or her lawyer may also ask you questions.
    • Do not interrupt the judge or the restrained person,
    • Give complete answers.
    • If you don't understand, say "I don't understand."
    • If you do not agree with what the restrained person says in court, wait until he or she finishes talking. Then tell the judge.
    • Speak only to the judge unless it is your turn to ask questions.

    The judge will decide:

    • At the end of the hearing, the judge will say what the orders are.
      Important! The Restraining Order After Hearing (Form DV-130) must be prepared and filed the day of the Court hearing so there is no gap in your protection.
    • Sometimes Court staff will fill out the form for you. If not, you will need to fill it out yourself.
    • For more help with the forms you'll need after the hearing, visit the Restraining Order Help Center or read How Can I Make the Order Permanent? (Form DV-560).
    • After the judge makes the orders, and they are written out, the judge will sign your Restraining Order After Hearing (Form DV-130). The courtroom clerk will file it and give you copies.

    The judge may "continue" your case. This means you have to come back another day. The judge can do this if:

    • Your hearing is taking longer than planned.
    • The judge wants more information.
    • One or both parties need time to get a lawyer, or the restrained party needs time to write up and file an answer.

    If your case is continued...

    • A Restraining Order After Hearing (Form DV-130) must be prepared indicating the new court date and any interim orders.
    • Your orders will last until the new hearing date.
    • Take a copy of the new Restraining Order After Hearing to your local law enforcement agency.
    • Bring all your papers back to court at the next hearing.

    What about child custody or visitation?

    If you need child custody or visitation orders, the judge will send you to speak with a mediator. Mediation helps parents agree on a plan for custody and visitation that is best for the children. Click here to learn more about mediation.

    Either parent can ask to meet with the mediator separately. The person requesting the restraining order can bring a support person to mediation. However, your support person is not allowed to participate during the session.

    What happens after the hearing?

    • If both parties are present for the hearing, then they should remain in the courtroom until they are given copies of the Restraining Order after Hearing or specific instructions for picking up their copies.
    • If the restrained person was served but was not at the hearing and if the judge's orders are the same as the temporary orders, you may ask the judge for permission to serve the restrained person with a copy of the form (Form DV-130) by mail. Ask the server to complete a Proof of Service by Mail (PSM) (Form DV-250) and give it to you.
    • If the restrained person was served and was not at the hearing, and the judge's orders are different from the temporary order, you must have someone serve Form DV-130 in person, not by mail. Ask the server to complete a Proof of Service (In Person) (Form DV-200) and give it to you.

        • Remember, you can NEVER serve the orders yourself.

        Take your original Proof of Service (Form DV-200 or Form DV-250) and two copies to the clerk's office and file it. Keep a copy for yourself and deliver one to your local law enforcement agency.

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  6. Other things you should know

    What to do with your Restraining Order
    Keep a copy of the Order with you at all times and a copy at home, in your car, at your work, and at your child's school and/or daycare provider(s).

    If the abuse caused you to lose money
    You can ask for restitution (to pay for medical bills, lost wages, property damage, legal fees for an attorney, and reimbursement for cost of shelter services) in your Request for Order. You must bring cost estimates and/or receipts with you to your hearing.

    Custody/Visitation
    Custody and visitation orders made under the Domestic Violence Protection Act are temporary. If you are married to the other parent, you must file for a Dissolution (Divorce) or Legal Separation to get more permanent custody orders.

    If you and the other parent are not legally married you must file a parentage action to get more permanent custody orders.If you did not go to the court hearing and the judge made a restraining order against you, you can still ask the court to see your children by filing an Order to Show cause. You may contact the Family Law Facilitator or talk to an attorney for advice.

    The Court can make an exception to restraining orders for peaceful contact for court ordered visitation, or it can order supervised visitation. Also, check the court file to see if the judge ordered you to Child Custody Mediation Services for mediation. Visit the Family Law Facilitator for assistance.

    Child Support:
    If you want child support, you must fill out an Income and Expense Declaration or Simplified Financial Statement. File it with your Restraining Order Applications and have it served with a blank Income and Expense Declaration form to the other party. You may contact the Alameda County Department of Child Support Services or the Family Law Facilitator's Office for additional assistance.

    Mediation and Domestic Violence
    If there is a history of domestic violence, you may ask to have your mediation session separate from the abuser. Be sure to make your wishes known at the time of your intake with the Custody Mediation Department. Also let the mediator know before your session that you want to meet separately regardless of whether your meeting is outside the courtroom or in the mediator's office.

    Visit the Domestic Violence section of the California Court's Self Help Center.

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  7. Elder Abuse/Dependent Adult Restraining Order:

    If you are over the age of 65 and feel as if you are being abused either physically or financially you can ask for an Elder Abuse/Dependent Adult Petition for Protective Orders or Form number EA-100 and EA-120.

    To get a Petition for Protective Orders (EA-100) and Order to Show Cause and Temporary Restraining Order (EA-120), you must fill out the correct forms. You can get the forms from:

    Use a blue or black ink pen when filling out the forms

    Fill out the Petition For Protective Orders (EA-100) first. There are three pages.

    Start at the top of the page and work down. You are the Petitioner and the Protected Party. Put your name next to Petitioner: and the other persons name next to the Respondent.

    Read each question starting with number 1.

    Check the box that applies to you and write in the information in the blank space at the end of each question.

    Fill out the Order to Show Cause and Temporary Restraining Order (EA-120).There are four pages.

    After you have filled out your forms, take them to the Clerk’s Office at the nearest Superior Court location in Alameda County.

    Inform the Court Clerk that you are filling an Elder Abuse Petition. There are no filing fees for this Petition. No one will ask you for money. If you have a difficult time getting to the court or you are disabled, you maybe able to have the Judge sign your Order before you leave the courthouse.

    In Alameda County there is an Elder Abuse Case Manager that can assist you with this process. Inform the Court Clerk at the location that you are at, that you need special services and they will give you a phone number that you can call for assistance. Click here to learn more about the Court’s Elder Access Program.

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  8. Civil harassment restraining orders:

    If you and the other party do not have a close relationship (married, divorced, separated, dating or used to date, live together or used to live together), or are not related (parent, child, brother, sister, grandmother, grandfather, in-laws), you can ask for a Civil Harassment Restraining Order.

    1. To get a Civil Harassment Restraining Order, you must fill out the correct forms. You can get them from:

    2. Fill out your forms neatly in blue or black ink.

    3. Fill out your forms and take them to the Clerk's Office at the nearest Superior Court location in Alameda County.

    A judge will look at your forms within 24 hours. The clerk will instruct you when to come back to find out if the judge has signed the Order to Show Cause and Temporary Restraining Order (Form WV-120). When you pick up your forms, check to see if the judge made all the orders you asked for. A court hearing will be set in about 3 weeks so the judge can decide if the orders will continue for up to 3 years. Make sure to come to this court hearing.

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  9. Workplace violence restraining orders:

    If you are an employer or you work in a place where there has been violence or threat of violence against employees, fill out and file Workplace Violence forms. The law says corporations must be represented by a lawyer.

    1. You can download the forms you need from the Judicial Council's Self-Help Center.

    2. Fill out your forms neatly in blue or black ink.

    3. Fill out your forms and take them to the Clerk's office at a Superior Court nearest you.

    4. A judge will look at your forms within 24 hours. The clerk will instruct you when to come back to find out if the judge has signed the Order to Show Cause and Temporary Restraining Order (Form WV-120). When you pick up your forms, check to see if the judge made all the orders you asked for.

    A court hearing will be set in about 3 weeks so the judge can decide if the orders will continue for up to 3 years. Make sure to come to this court hearing.

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