How to Fill Out and File Form DV-110: Packet, Firearms, and Filing

To fill out Form DV-110, California’s Temporary Restraining Order, you complete the identifying information for yourself and the person you want restrained, list anyone else who needs protection, and mark the specific protections you’re asking the judge to grant. You don’t file it alone — the DV-110 is the proposed order that travels with your DV-100 request packet to the superior court clerk. There is no filing fee, and under California Family Code Sections 246 and 6326 the judge must rule the same day you file, or the next business day if you file late in the afternoon.¹

What the DV-110 Is

The DV-110 is not something you write from scratch and it is not a standalone application. It’s the proposed order you’re handing the judge to sign. You fill in the factual details; the judge checks boxes to grant, deny, or modify each protection you’ve requested. Think of it as a menu of protections you’re presenting for approval.

Because it’s the proposed order, the DV-110 has to match what you asked for on your DV-100 (Request for Domestic Violence Restraining Order). The two documents work as a pair: the DV-100 is your sworn story and specific asks, and the DV-110 is the order the judge would sign if the asks are granted.

Only people in certain relationships with the abuser can use this form. California Family Code Section 6211 covers spouses and former spouses, current or former cohabitants, current or former dating or engagement partners, co-parents, and close relatives (parent, child, sibling, grandparent, in-law). If the person who harmed you doesn’t fit those categories — a neighbor, coworker, or stranger — a civil harassment restraining order (Form CH-100/CH-110) is the correct route instead.² The legal standard the judge applies is “reasonable proof of a past act or acts of abuse,” and your sworn written statement alone can meet it. Police reports and medical records help but aren’t required.³

The Packet You File With It

The DV-110 has to be filed as part of a packet. At minimum you need:

DV-100 (Request for Domestic Violence Restraining Order): your sworn statement describing the abuse and the protection you want
DV-101 (Description of Abuse): the attachment where you describe specific incidents in detail
DV-109 (Notice of Court Hearing): sets your hearing date
DV-110 (Temporary Restraining Order): the proposed order the judge signs
CLETS-001 (Confidential CLETS Information): provides identifying details so the order can be entered into the statewide law enforcement database

If children are involved, add DV-105 (Request for Child Custody and Visitation Orders) and DV-140 (Child Custody and Visitation Order).⁴ All forms are free to download from your local superior court’s website or the California Courts self-help site, and most courthouses have self-help centers with staff who can help you fill them out.⁵

Filling Out the DV-110 Section by Section

Items 1 and 2: Identifying Information

Item 1 asks for the protected person’s name and contact details — that’s you. Item 2 asks for the restrained person’s full name, gender, approximate age, date of birth, height, weight, hair color, eye color, and race. Fields marked with a star are required for the order to be entered into CLETS, the California police database. Fill in every detail you know. Officers use this description to identify the restrained person during a stop or emergency call.⁶

Item 3: Other Protected People

List anyone else who needs protection — children, other family members, household members. Include each person’s full name, their relationship to you, and their age. Anyone listed here gets the same stay-away and no-contact protections that apply to you.⁶

Item 5: Firearms

You don’t have to check anything special for firearms. Every granted DV-110 automatically prohibits the restrained person from owning, possessing, or buying firearms, firearm parts, and ammunition. Once served, the restrained person has 24 hours to surrender all prohibited items — either to law enforcement or to a licensed gun dealer for sale or storage. If a law enforcement officer is present during service, the officer can require immediate surrender on the spot.⁷

Items 10 through 14: The Protections You’re Requesting

This is the heart of the form. You mark what you need on the DV-100; the judge approves or denies each item on the DV-110. The available protections:

Order not to abuse (Item 10): prohibits the restrained person from harassing, attacking, threatening, stalking, following, surveilling, or disturbing the peace of you and anyone listed in Item 3
No-contact order (Item 11): bars any contact — in person, by phone, email, text, social media, or through a third party
Stay-away order (Item 12): requires the restrained person to stay a specified distance, which you propose in yards, from your home, workplace, vehicle, children’s school, and your own school
Move-out order (Item 13): if you live together, orders the restrained person to leave the shared residence immediately with only clothing and personal belongings
Animal protection (Item 14): grants you sole care and control of pets or animals owned by either party, and orders the restrained person to stay away from them

Be specific about conduct and distances. The exact language in the signed DV-110 is what law enforcement will use to determine whether the order has been violated.⁶ California Family Code Section 6320 authorizes all of these as ex parte orders, meaning the judge can grant them before the restrained person has any chance to respond.⁸

Where to File

File your packet with the clerk at the superior court in the county where you live, where the abuse happened, or where the restrained person lives. Bring the originals plus at least two copies. Some counties accept electronic filing — check your court’s website first.⁹

There is no filing fee. You don’t need a lawyer.⁵ The clerk forwards your paperwork to a judge for ex parte review, which means the judge reads your application and decides without the restrained person present. The judge must rule the same day, or by the next business day if you filed too late in the afternoon for review.¹

The judge will grant, deny, or partially grant each requested protection by marking the corresponding boxes on the DV-110. Partial grants are common. A judge might approve a no-contact order and stay-away order but deny a move-out order if the written evidence doesn’t support every request. Once signed, the clerk enters the order into CLETS so any officer in the state can verify it instantly.¹⁰ You’ll get certified copies. Keep one with you at all times.

After the Judge Signs

A signed DV-110 is not enforceable against the restrained person until they’ve been personally served. Someone must physically hand them copies of the DV-110, DV-100, and DV-109. You can’t do this yourself. The server must be at least 18 and not listed as a protected person on the order.¹¹ Your options:

The county sheriff or marshal will serve DV restraining order papers for free¹²
A friend or family member over 18 who isn’t involved in the case
A professional process server, typically $45 to $150

After service, the server completes Form DV-200 (Proof of Personal Service) with the date, time, location, and a description of the person served. You then file the DV-200 with the court clerk. Without filed proof of service, the court may not proceed with the hearing or enforce the temporary orders.¹¹ If the restrained person is avoiding service, you can ask the judge for permission to use an alternative method such as mail or posting, but you’ll need to show a genuine attempt at personal service first.

The DV-110 itself is temporary. The court typically schedules the full hearing within about three weeks of granting it, and the expiration date is printed on the first page. The order stays in effect until the hearing concludes. If you can’t get the restrained person served in time, file Form DV-115 (Request to Continue Hearing). If the court grants the continuance, the temporary order remains in effect until the end of the new hearing date unless the court says otherwise.¹³

1
Judicial Council of California. Domestic Violence Restraining Orders Benchguide
2
Justia Law. California Family Code Part 1 – Short Title and Definitions
3
California Legislative Information. California Family Code FAM 6300
4
Superior Court of California – County of San Joaquin. Domestic Violence Restraining Order with Children Form Packets
5
California Courts. Domestic Violence Restraining Orders in California
6
Superior Court of California. DV-110 Temporary Restraining Order
7
California Legislative Information. California Family Code 6389
8
California Legislative Information. California Family Code 6320
9
California Courts. File Your Request for a Domestic Violence Restraining Order
10
Judicial Branch of California. California Rules of Court Rule 1.51
11
Judicial Council of California. DV-200 Proof of Personal Service
12
California Courts. Sheriff Serves Your Request for a Restraining Order
13
Judicial Council of California. DV-115 Request to Continue Hearing