Marin County Restraining Orders: Filing, Service, and Hearing

To get a restraining order in Marin County, you file a petition at the Superior Court at 3501 Civic Center Drive in San Rafael, a judge reviews it the same day for a temporary order, the other person is formally served, and within about three weeks you attend a hearing where the judge decides whether to issue a longer order that can last up to five years. Marin County restraining orders come in four types, and which one you file shapes the forms, the fee, and who can serve the papers.

Pick the Right Type of Order First

The relationship between you and the person you need protection from determines which petition you file. Filing the wrong type will send you back to the start, so this choice matters.

A domestic violence restraining order (DVRO) applies when the other person is a current or former spouse, someone you live with or used to live with, someone you’re dating or dated, or the other parent of your child. You have to show the court that this person physically hurt you, threatened you, or acted in a way that made you reasonably afraid of being harmed.¹ No filing fee.

A civil harassment restraining order is for threats from someone outside that close circle: a neighbor, an acquaintance, a roommate you’ve never dated. California defines civil harassment as unlawful violence, a credible threat of violence, or a course of conduct directed at you that serves no legitimate purpose and causes serious alarm.¹ If your case involves violence, threats of violence, or stalking, there is no fee. Other civil harassment petitions carry a $435 filing fee.²

An elder or dependent adult abuse restraining order protects people 65 or older, and adults 18 to 64 with a physical or mental condition that limits normal activities. The abuse can be physical, financial, emotional, or take the form of neglect, abandonment, or isolation.³ No fee.

A workplace violence restraining order can only be filed by an employer or a collective bargaining representative on behalf of an employee.⁴ If you’re an individual employee facing harassment at work, you cannot file this one yourself; a civil harassment order is the path for you.

If you can’t afford the $435 fee on a civil harassment case, submit form FW-001 to request a waiver based on your income or public benefits.⁵

What to Gather Before You Go to Court

Before you fill out anything, pull together what the judge will need to see. Information about the restrained person: full legal name, current address, physical description, date of birth if you know it, and whether they own firearms. A written account of the incidents, organized by date, with what happened, what was said, and who witnessed it. Any supporting evidence you have: police reports, medical records, photos of injuries, screenshots of threats.

Then pull the right forms, available on the California Courts website or from the Marin County Self-Help Center:

Domestic violence: DV-100 (Request) and DV-110 (Temporary Order).
Civil harassment: CH-100 and CH-110.
Elder abuse: EA-100 and EA-110.

Everyone filing also completes CLETS-001, the confidential form used to enter the order into the California Law Enforcement Telecommunications System so any officer statewide can verify it.

Preparing Digital Evidence

Print out threatening texts, voicemails, and social media messages, and bring the printouts. Screenshots need to show the sender’s name or phone number, the date and time, and enough of the surrounding conversation for context. At the hearing you may have to explain how you know the messages came from the restrained person. A judge will want more than a matching phone number: information only the sender would know, references to shared experiences, or a pattern that lines up with other confirmed communications all help prove it.

Filing at the Marin County Superior Court

You file your completed forms at the Marin County Superior Court, 3501 Civic Center Drive in San Rafael.⁶ The Clerk’s Office takes filings during business hours, and a drop box is available after hours.

A judge reviews your request for a temporary restraining order the same day you file it, or the next court business day if you file late in the afternoon.¹ This review happens without the other person present. If the judge sees enough evidence of immediate danger, the TRO takes effect right away and stays in place until your hearing date. The clerk gives you certified copies of the signed order; you’ll need those for service.

Serving the Other Person

The restrained person has to be formally notified before the order can be enforced, and you cannot do this yourself. Someone at least 18 years old who is not a party to the case has to hand-deliver the signed order and hearing notice.⁷ That can be a friend, a family member, or a professional process server, who typically charges $50 to $150.

For domestic violence cases, the Marin County Sheriff’s Office will attempt service at no cost as long as you provide an address in Marin County.⁸ After delivery, whoever served the papers fills out a Proof of Personal Service form (DV-200 for domestic violence, CH-200 for civil harassment) and files it with the clerk.⁹ Without that proof on file, the judge cannot proceed with the hearing.

The Hearing and How Long the Order Lasts

The hearing is scheduled within 21 days of when the TRO is granted or denied. A judge can extend that to 25 days for good cause.¹ Both you and the restrained person can appear, testify, present evidence, and bring witnesses.

If the judge grants a longer order, you’ll get a Restraining Order After Hearing on form DV-130 (domestic violence) or CH-130 (civil harassment). A domestic violence order can last up to five years; if the judge doesn’t write an expiration date, it defaults to three years.¹⁰ Civil harassment orders also last up to five years.¹

If you need a language or sign language interpreter, request one in advance; the court provides interpreters at no cost. Keep a certified copy of the final order with you at all times, and take a photo of every page on your phone so law enforcement can verify it even if you don’t have the paper copy on you.¹¹

Firearms Must Be Surrendered

Many people don’t realize this part until they’re already in the process. Once a protective order issues, the restrained person is legally barred from owning, possessing, or buying any firearms or ammunition. California law requires surrender within 24 hours of being served, either to local law enforcement or to a licensed gun dealer.¹² Within 48 hours of service, the restrained person has to file a receipt with both the court and the serving law enforcement agency proving the weapons were turned over or stored. Failing to file that receipt is itself a violation.

Possessing a firearm while subject to a restraining order is a separate California crime, punishable by up to one year in county jail and a $1,000 fine.¹³ Federal law under 18 U.S.C. § 922(g) makes possession under a qualifying domestic violence protective order a federal felony carrying up to 10 years. If you know the restrained person has firearms, note that on your petition so the judge addresses it directly.

If the Order Is Violated

Call 911 immediately if the restrained person contacts you, comes near you, or does anything else the order prohibits.¹¹ Because the order lives in the statewide CLETS database, any officer in California can pull it up and confirm it.

A first violation is a misdemeanor carrying up to a year in county jail and a fine of up to $1,000. If the violation causes physical injury, the minimum jail time becomes 30 days and the fine rises to $2,000.¹⁴ Document every violation, even ones that look minor like a single text. A pattern strengthens enforcement and can push later charges to the felony level.

Renewing Before the Order Expires

Restraining orders do not renew on their own. If yours is approaching its expiration date and you still feel unsafe, file a renewal before the order lapses. You can submit the request up to three months before the expiration, but if the order has already expired, you have to start over with a fresh petition.¹⁵

Use form DV-700 along with DV-710 and CLETS-001, and attach a copy of your current order. There is no filing fee. Once you file, the judge extends your existing order until the renewal hearing, so there is no gap in protection. At the hearing, the judge can renew the order for five more years or permanently, and you do not have to prove new abuse has happened since the original order was granted.¹⁰

Free Help with the Paperwork

You don’t have to do this alone. The Marin County Legal Self-Help Center provides free assistance with restraining order forms, court procedures, and hearing preparation.¹⁶ Staff can walk you through terminology, help organize your evidence, and explain what to expect in court. They cannot give you legal advice or represent you, but for anyone handling this without an attorney, the help is substantial.

In-person drop-in hours are Tuesday through Thursday, 8:30 a.m. to noon, and you should arrive by 10:30 a.m. to be seen. Phone assistance runs Monday through Friday, 8:30 a.m. to noon and 1:00 to 3:00 p.m. Zoom drop-in clinics are held Mondays and Fridays from 8:30 a.m. to noon.¹⁶

1
California Legislative Information. California Code CCP 527.6
2
California Courts. Statewide Civil Fee Schedule Effective January 1, 2026
3
California Courts. Elder or Dependent Adult Abuse Restraining Orders in California
4
California Courts. Workplace Violence Restraining Orders in California
5
California Courts. Request to Waive Court Fees
6
Superior Court of California. Contact Us
7
California Courts. Serving Court Papers
8
Superior Court of California. Domestic Violence and Restraining Orders
9
California Courts. Proof of Personal Service (CLETS) DV-200
10
California Legislative Information. California Family Code 6345
11
California Courts. Enforce Your Restraining Order
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California Legislative Information. California Family Code 6389
13
California Legislative Information. California Penal Code 29825
14
California Legislative Information. California Penal Code 273.6
15
California Courts. Ask to Renew a Restraining Order
16
Superior Court of California. Legal Self-Help Center