To file a restraining order in San Francisco, you choose the order type that matches your relationship to the person threatening you, complete the Judicial Council forms along with a confidential CLETS information sheet, file at the San Francisco Superior Court at 400 McAllister Street, and arrange for someone else to personally serve the papers on the other party before your hearing. A judge reviews your request for temporary protection the same day you file or by the next business day, and the full hearing is typically set within 21 to 25 days.1California Courts. Domestic Violence Restraining Orders in California Filing is free for the orders most people need.
Pick the Right Order for Your Situation
The court recognizes several categories of restraining order, and filing under the wrong one can stall your case. The right choice depends on who the other person is to you.
A Domestic Violence Restraining Order is for people with a close personal relationship to the person harming them: current or former spouses, dating partners, people who live or lived together, co-parents, and close relatives such as parents, siblings, or in-laws.2Justia. California Code Family Code 6200-6219 – Short Title and Definitions
A Civil Harassment Restraining Order covers everyone else: neighbors, acquaintances, co-workers, strangers. California law defines the qualifying conduct as violence, a believable threat of violence, or a course of conduct that would cause a reasonable person serious emotional distress and that serves no legitimate purpose.3California Legislative Information. California Code CCP 527.6 – Injunction
An Elder or Dependent Adult Abuse Restraining Order is available to adults 65 and older and to dependent adults between 18 and 64 whose physical or mental limitations restrict their ability to carry out normal activities. It covers physical abuse, financial exploitation, neglect, and emotional abuse.4California Legislative Information. California Code WIC 15657.03 A conservator or other authorized person can file for someone who cannot file alone.
A Workplace Violence Restraining Order is filed by the employer, not the employee, to protect a worker from violence, threats, or harassment connected to the workplace.5California Legislative Information. California Code CCP 527.8 – Injunction
A Gun Violence Restraining Order specifically prohibits a person from possessing or buying firearms and ammunition. Close family, current or recent roommates, employers, co-workers with at least a year of regular interaction, certain school personnel, and law enforcement can petition. No crime needs to have occurred for a judge to grant one.6California Legislative Information. California Penal Code 18100
Fill Out the Forms
Each order type has its own request form published by the Judicial Council of California:
- Domestic violence: Request for Domestic Violence Restraining Order, form DV-100.7California Courts. Fill Out Domestic Violence Restraining Order Forms
- Civil harassment: form CH-100.
- Elder or dependent adult abuse: form EA-100.
- Workplace violence: form WV-100.
Every petition also requires the Confidential CLETS Information form (CLETS-001), which collects the respondent’s physical description, identifying information, and any vehicle details. The court enters this data into a statewide law enforcement database so officers in the field can verify the order instantly during any encounter.8Judicial Council of California. Confidential Information for Law Enforcement Fill it out completely. Missing details make enforcement harder later.
When you describe what happened, include specific dates, locations, and the facts of each incident. Focus on the most recent event and sketch any pattern of escalation. The judge reviewing your request for temporary protection relies entirely on what you write, so concrete details matter far more than general statements like “they threatened me many times.”
Keeping Your Address Private
If you worry that court filings could reveal your location, California’s Safe at Home program provides a substitute mailing address through the Secretary of State. It’s open to victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, and elder or dependent adult abuse. You can reach the program at (877) 322-5227 or SafeAtHome@sos.ca.gov.9California Secretary of State. Safe at Home
File at the San Francisco Superior Court
Take your completed forms to the San Francisco Superior Court at 400 McAllister Street. The ACCESS Center in Room 509 helps self-represented filers with restraining orders and will review your forms for completeness, though staff cannot give legal advice or represent you.10Superior Court of California. ACCESS (Legal Self-Help) Center You can also e-file where the court offers it.
Most restraining order petitions are free. Domestic violence cases carry no filing fee at all, and the waiver extends to related motions, responses, and subpoenas.11California Legislative Information. California Code Family Code 6222 Civil harassment petitions that allege violence, threats, or stalking are also free.3California Legislative Information. California Code CCP 527.6 – Injunction If a fee does apply to your situation, you can submit a Request to Waive Court Fees (form FW-001) based on low income or receipt of public benefits.12California Courts. Request to Waive Court Fees
Once you’ve filed, a judge reviews your request for a temporary restraining order the same day or by the next business day.1California Courts. Domestic Violence Restraining Orders in California Check back with the clerk to pick up signed documents. A granted temporary order takes effect immediately and stays in place until your hearing, usually set within 21 to 25 days. If the judge denies the temporary order, you can still move forward to the full hearing.
Serve the Papers on the Other Person
The order is not enforceable until the respondent has been formally served. You cannot do this yourself. Someone at least 18 years old and not involved in your case must personally hand the documents to the respondent.13California Courts. Serving Court Papers
The San Francisco Sheriff’s Department handles service through its civil process unit. A processing fee may apply, but courts that have granted a fee waiver typically cover that cost too.14San Francisco Sheriff’s Department. Serving Court Papers A private process server or a qualified friend can also do it. Private servers tend to be faster and more flexible with scheduling, which matters when your hearing is only a few weeks away, and an experienced server can often track down someone who’s dodging service.
After delivery, the server completes a Proof of Personal Service form (DV-200 for domestic violence cases, CH-200 for civil harassment) with the date, time, and method.15California Courts. Proof of Personal Service (CLETS) File it with the court as soon as possible. The judge cannot proceed with your hearing without proof of service on file.
What Happens at the Hearing
Both parties appear before a judge at the San Francisco Superior Court. You carry the burden of showing that the legal requirements are met. Bring everything you have: screenshots of threatening messages, photographs of injuries or property damage, police reports, medical records. Witnesses who saw the conduct can testify.
The respondent has the right to attend, present evidence, and argue against the order. The judge may ask questions about the timeline, the relationship, or the severity of specific incidents. If being in the same room as the respondent concerns you, ask the court about safety accommodations before the hearing date.
Show up. If you filed the petition and don’t appear, the judge may deny the request and any temporary protection you had expires immediately.16California Courts. What to Expect in the Courtroom If the respondent fails to appear after being properly served, the judge can grant the order without their input.
If the judge finds the evidence sufficient, the court issues a Restraining Order After Hearing on form DV-130 or CH-130.17California Courts. Restraining Order After Hearing (Order of Protection) (CLETS-OAH) This order can last up to five years. If no end date is specified, it defaults to three years.18California Courts. The Restraining Order Process for Domestic Violence Cases
After the Order Is Granted
Firearm Surrender
When a respondent is served with a domestic violence restraining order, California law requires them to surrender all firearms and ammunition within 24 hours. If a law enforcement officer is present during service, the officer requests immediate surrender; otherwise, the respondent must turn weapons over to local law enforcement or sell them to a licensed dealer within that window. Within 48 hours, they must file a receipt with both the court and the law enforcement agency that served the order. Failing to file that receipt is itself a violation of the protective order.19California Legislative Information. California Code Family Code 6389
Time Off Work to File
Your employer cannot discharge, discriminate against, or retaliate against you for taking time off to obtain a restraining order or other relief related to domestic violence, sexual assault, or stalking.20California Legislative Information. California Labor Code 230 Give reasonable advance notice when you can. For an emergency absence, provide documentation afterward: a police report, a copy of the restraining order, a note from a medical professional or domestic violence counselor, or a signed written statement explaining the reason. Your employer must keep this information confidential. Retaliation can be reported to the Labor Commissioner within one year.
If the Order Is Violated
Intentional violation of any restraining order is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both.21California Legislative Information. California Code PEN 273.6 Penalties escalate with repeat offenses, and a second violation within one year that causes physical injury carries a mandatory minimum of six months in jail along with potential felony prosecution. If the respondent violates your order, call 911. The order’s entry in the CLETS database lets responding officers verify it on the spot.
Enforcement Outside California
Under the Violence Against Women Act, every state, tribe, and territory must give full faith and credit to a valid protection order from another jurisdiction and enforce it as its own.22Office of the Law Revision Counsel. 18 USC 2265 You don’t have to register the order in another state. Carry a copy when you travel; officers can confirm it through the national database, but having the paperwork speeds things up in a crisis.
Renewing the Order
You can file for renewal up to three months before the order expires. There’s no fee. File the Request to Renew Restraining Order (DV-700), the Notice of Hearing (DV-710), and a new CLETS-001, with a copy of the current order attached.23California Courts. Ask to Renew a Restraining Order Once filed, the existing order automatically extends until the renewal hearing. The judge can renew it for another five years, or in some cases permanently, and you do not need to prove new incidents. If the order lapses before you file, you have to start over with a new petition.