How to File a Restraining Order in San Diego: Forms, Fees, Hearing

To file a restraining order in San Diego, identify which of California’s four order types fits your situation, complete the matching Judicial Council forms, and submit them at one of four San Diego Superior Court locations (or e-file if you’re seeking a domestic violence order). Domestic violence filings are free, and so are civil harassment filings that involve violence, threats, or stalking. A judge reviews your request the same day or the next business day, and if a temporary order is granted, a full hearing follows within about three weeks.

Which Order Fits Your Situation

California has four categories of restraining orders, and picking the wrong one can get your case delayed or denied. Three are available for an individual to file:

Domestic Violence Restraining Order (DVRO): For abuse by a current or former spouse, domestic partner, someone you dated, or a close relative (parent, child, sibling, grandparent, or in-law). Abuse covers physical harm, sexual assault, stalking, threats, and conduct that destroys your mental or emotional calm, including coercive control such as isolating you from friends, monitoring your finances, or using threats based on immigration status.¹
Civil Harassment Restraining Order (CHRO): For harassment by someone who isn’t a close relative or dating partner, such as a neighbor, coworker, or stranger. You need to show unlawful violence, a credible threat of violence, or a pattern of conduct that caused substantial emotional distress.²
Elder or Dependent Adult Abuse Restraining Order: For people 65 or older, or dependent adults 18 to 64 with certain limitations, facing physical, financial, or emotional abuse. A conservator, trustee, or adult protective services agency can file on behalf of someone unable to file themselves.³

A fourth type, the Workplace Violence Restraining Order, has to be filed by an employer on behalf of an employee. An individual employee cannot file one personally.²

If you aren’t sure which type applies, the San Diego Superior Court Self-Help Center will help you figure it out for free.⁴

What It Costs

Domestic violence restraining orders have no filing fee. Civil harassment petitions are also free when they involve violence, threats, or stalking. A civil harassment petition based on a pattern of harassing behavior without violence or threats carries a $435 filing fee.⁵

If you can’t afford that $435, file Form FW-001 with your petition to request a waiver. You automatically qualify if you receive Medi-Cal, CalFresh, SSI, CalWORKs, or county general assistance. You also qualify if your income is too low to cover basic household needs plus court costs.⁶

Gather Evidence Before You Fill Out the Forms

Build your evidence first. Write down the specific dates, times, and locations of each incident while they’re fresh. Collect screenshots of threatening texts, emails, and social media messages. Pull together photographs of injuries or property damage, police reports, and medical records. If anyone witnessed what happened, get their contact information and ask whether they’re willing to testify.

Everything you write on the forms is signed under penalty of perjury, so be truthful, specific, and detailed. A vague line like “they harassed me multiple times” carries far less weight than “on March 12 at 9 p.m., they sent 47 text messages threatening to damage my car.”

Forms You Need

The forms depend on your order type. For a DVRO, the four core forms are:

DV-100, Request for Domestic Violence Restraining Order (your main petition)
CLETS-001, Confidential information for law enforcement databases
DV-109, Notice of Court Hearing
DV-110, Temporary Restraining Order (the judge fills in the decision)⁷

For a CHRO, the equivalents are CH-100, CLETS-001, CH-109, and CH-110, plus a Civil Case Cover Sheet (CM-010). Add Forms FW-001 and FW-003 if you’re requesting a fee waiver.⁸

All forms are free on the California Courts website or at any San Diego Superior Court location. Some courts require additional local forms, so check with the clerk or the court’s website before filing.⁹

Where to File in San Diego

San Diego Superior Court takes restraining order paperwork at four locations:

Central Division: 330 W. Broadway, San Diego, CA 92101
East County Division: 250 E. Main Street, El Cajon, CA 92020
North County Division: 325 S. Melrose Drive, Vista, CA 92081
South County Division: 500 Third Avenue, Chula Vista, CA 91910¹⁰

For civil harassment and elder abuse orders, file at the courthouse whose zip code covers where the incidents occurred or where the person you need protection from lives. The court publishes a zip code list (Form ADM-254) to help you identify the right location.¹⁰

If you’re filing a DVRO, you can also e-file through an approved electronic filing service provider. San Diego Superior Court uses the Odyssey eFileCA platform, which walks you through the forms in a question-and-answer format.¹¹

What Happens After You File

A judge reviews your request and decides whether to issue a Temporary Restraining Order (TRO), usually the same day or the next business day.¹² The judge doesn’t need to hear from the other party at this stage. If the paperwork shows enough evidence of immediate danger, the TRO takes effect right away.

A TRO is short-term protection that lasts until a full court hearing. For domestic violence and elder abuse orders, that hearing is typically set within 21 to 25 days. For civil harassment orders, the hearing must happen within 15 days, extendable to 22 days for good cause. The court sets the date when it issues the TRO, so you’ll leave the courthouse knowing when you need to be back.

A denied TRO doesn’t end your case. You still get a hearing and can present your full evidence then. The denial just means the paperwork alone didn’t convince the judge there was immediate danger.

Serving the Other Party

The restrained person has to be formally served with copies of everything you filed, including any temporary order and the hearing notice. This is not optional. Without proper service, the court can’t hold the hearing, and your TRO will expire.

Someone else has to hand-deliver the documents. The server must be at least 18 and cannot be a party on the petition.¹³ You can use the San Diego County Sheriff, a private process server, or any uninvolved adult. Mailing the documents is not enough. They have to be personally delivered.

After serving, your server completes a Proof of Service form (DV-200 for domestic violence cases) and gives it to you.¹⁴ File it with the court before the hearing date, not the morning of. If you’re having trouble locating the person, raise it with the clerk or Self-Help Center as early as possible.

The Hearing

Both sides can present evidence and testimony. The judge hears from each, reviews what you’ve brought, and decides whether to grant a longer-term order.

Bring organized copies of your evidence: printed text messages, emails, photographs, police reports, medical records. Have at least two extra sets, one for the judge and one for the other party. Make sure any witnesses know the date and arrive on time. Lead with specific facts. Judges hear these cases constantly, and concrete detail is far more persuasive than general statements about feeling unsafe.

The judge can grant a restraining order lasting up to five years in domestic violence and elder abuse cases.¹⁵ Civil harassment orders can last up to three years. If the request is denied, any temporary order expires immediately. The judge may also grant a shorter order than you asked for, or adjust the terms.

If the restrained person doesn’t show up and was properly served, the judge can still grant the order based on your evidence. You can represent yourself, and many people do successfully, but free legal help is available in San Diego if you want it.

What the Order Can Require

Restraining orders go well beyond “stay away.” Depending on your case, the court can order:

A stay-away order keeping the restrained person a specified distance from you, your home, your workplace, your children’s school, and your vehicle
A no-contact order barring phone calls, texts, emails, messages through third parties, and contact through social media or connected devices
A move-out order requiring the restrained person to leave a shared residence
Sole care and control of pets, and an order to stay away from the animals
Orders addressing control of property and financial matters during the order’s duration¹

A protective order also triggers firearm surrender. The restrained person must give up all firearms and ammunition immediately when a law enforcement officer requests it during service, or within 24 hours of being served if no on-the-spot request is made. Weapons can be turned in to law enforcement or sold or transferred to a licensed gun dealer. Within 48 hours of service, the restrained person must file a receipt with the court proving surrender and give a copy to the law enforcement agency that served the order. Failing to file the receipt on time is itself a violation.¹⁶ Federal law separately makes it a crime to possess a firearm or ammunition while subject to a qualifying restraining order issued after a hearing with notice.¹⁷

If the Order Is Violated

Violating a restraining order is a crime in California. A first violation is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both. If the violation causes physical injury, the penalty includes a minimum of 30 days in jail and a fine of up to $2,000. A repeat violation involving violence within seven years of a prior conviction can be charged as a felony.¹⁸

Call 911 if the restrained person violates the order. Keep a copy of your order with you at all times, whether a paper copy in your bag or a photo on your phone. Show it to officers when they arrive and point out which terms were violated. Afterward, write down the date, time, location, and what happened, and save any screenshots or security camera footage. That record matters if you later ask the court to extend or strengthen the order.

Renewing Before Expiration

Restraining orders do not renew automatically. You can file a renewal request any time within the three months before your order expires.¹⁵ Don’t wait until the last week. If the order expires before the court processes the renewal, you lose protection in the gap.

A renewed DVRO can last five years or longer, or the court can make it permanent. You don’t need to prove that additional abuse has occurred since the original order. The same renewal rules apply to elder abuse restraining orders.³ Civil harassment orders follow a similar process, with renewals capped at three years at a time.

Free Help in San Diego

You don’t need a lawyer to file a restraining order, and many people handle the process on their own. Free help is available if you want it.

The San Diego Superior Court Self-Help Center assists anyone without an attorney, regardless of income. Staff can help identify the right forms, review your paperwork, and explain the court process. The Legal Aid Society of San Diego and the San Diego Volunteer Lawyer Program both work on domestic violence and civil harassment cases, and may be able to provide a lawyer to represent you at your hearing at no cost.⁴

If you are in immediate danger, call 911. The National Domestic Violence Hotline (1-800-799-7233) is available 24 hours a day and can connect you with local resources and safety planning.

1
California Legislative Information. California Family Code 6320
2
California Courts. California Courts Self-Help Guide – Restraining Orders
3
California Legislative Information. California Welfare and Institutions Code 15657.03
4
Superior Court of California – County of San Diego. Self-Help Center
5
Superior Court of California – County of San Diego. ADM-001 Fee Schedule
6
Judicial Council of California. FW-001-INFO Information Sheet on Waiver of Superior Court Fees
7
California Courts. Fill Out Domestic Violence Restraining Order Forms
8
California Courts. Fill Out Civil Harassment Restraining Order Forms
9
California Courts. Domestic Violence Restraining Order Forms
10
Superior Court of California – County of San Diego. San Diego Superior Court – Where to File
11
Superior Court of California – County of San Diego. Domestic Violence Temporary Restraining Orders (DVTROs) e-Filing
12
California Courts. Domestic Violence Restraining Orders in California
13
Judicial Council of California. Judicial Council of California Form DV-200 – Proof of Personal Service
14
California Courts. Proof of Personal Service (CLETS) (DV-200)
15
California Legislative Information. California Family Code 6345
16
California Legislative Information. California Family Code 6389
17
Office of the Law Revision Counsel. 18 USC 922
18
California Legislative Information. California Penal Code 273.6