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DV-505-INFO How to Ask for a Domestic Violence Restraining Order
Part 1: Complete court forms
Tips for completing form DV-100
You will need to complete at least three forms to ask for
a domestic violence restraining order:
Required forms:
• Form DV-100;
• Form DV-109; and
• Form DV-110.
Optional forms:
If you have a child or children with the other
side, you can ask for additional protection, like
child custody orders. To make these requests,
you must complete two more forms:
• Form DV-105; and
• Form DV-140.
If you want to ask for child support or spousal
support, make the request on form DV-100
(see item or ) and complete one more
form:
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• Form FL-150.
Most court forms are public documents.
What does "public" mean?
When you file papers with the court, those papers
become "public." This means that anyone may ask the
court to see the information you put on your papers.
Also, the person you are asking for protection from
will see all the information on your court papers,
because you will have to have these papers personally
”
delivered to the them. This is called personal service,
and more information is available on form DV-200-
INFO, What Is "Proof of Personal Service"?
“
How old must I be to ask for my own
restraining order against someone?
To ask for a restraining order, you must be 12 years old
or older. In some cases, the judge may ask that an adult
(someone 18 years old or older), like a trusted relative,
help you in your case.
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Required relationship
At item , you must have one of the listed
relationships between you and the person you want
protection from. If none apply, go to https://selfhelp.
courts.ca.gov/restraining-orders. for information on
other types of restraining orders you might qualify for.
Describe the abuse
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At items , you must describe the abuse that
happened. This part is important, because a judge will
decide whether to give you a restraining order based on
the information you give. For more information of
what abuse means under the law, see form DV-500-
INFO, Can A Domestic Violence Restraining Order
Help Me?
I don't want people to see my address
1
You may not want someone to be able to see certain
information, like your address. You do not have to
give the address to where you live on form DV-100,
item . You can use a different address, like a
friend's address or P.O. box. Just be sure to get the
person's permission to use their address first, because
any papers the court or other side mails to you will go
to the address you list in item . And make sure that
person will tell you right away if you get mail from
the court.
1
I don't want people to see information I
provide about a child (minor)
You can ask the court to make some of the information
you provide about a child private (confidential). If the
court makes information about a child private, the
public will not be able to see this information on your
court papers. See form DV-160-INFO for help with
asking the court to make a child's information private.
Judicial Council of California, www.courts.ca.gov
Rev. January 1, 2023, Optional Form
DV-505-INFO, Page 1 of 3
How to Ask for a Domestic Violence
Restraining Order
(Domestic Violence Prevention)
DV-505-INFO How to Ask for a Domestic Violence Restraining Order
What if the other side has firearms (guns)
or ammunition?
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In item , list information you have about any
firearms (guns), firearm parts, or ammunition that the
other side might own or have access to. This
information is important to the judge. The judge can
notify law enforcement about any firearms, including
illegal or untraceable firearms called “ghost guns.”
Once notified, law enforcement must do what they can
to get the firearms if there is a restraining order in place.
What is a "Batterer Intervention
Program" (item )?27
In most cases, it is a year-long program that helps a
person recognize abusive behavior so that they will
stop the abuse. Unlike anger management programs,
the goal of batterer intevention programs is to stop a
person from using power and control in their
relationships. If ordered to complete the program by a
judge, the restrained person will have to pay program
fees. The program will keep track of progress and
attendance.
What does "Other orders" (item ) mean?
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This section allows you to make any special requests
that you need to prevent more abuse by the other side.
What is the difference between "Pay Debts
Owed for Property (item ) and "Pay
Expenses Caused by the Abuse (item )?
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If you want the other side to pay a debt owed for
property, like a car or mortgage, you can make this
request at item . If you want the other person to pay
you back for damage that happened because of their
abuse, like breaking your cellphone or for medical bills,
you can make this request at item .
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What is "Spousal Support" (item )?
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If you are married to the person you want protection
from or in a registered domestic partnership, you can
ask a judge to order them to pay you spousal support.
The amount of spousal support depends on different
factors, including how much you make versus how
much the other side makes. It is important to know that
in California, you cannot get spousal support for
"common law" marriages, where parties have lived like
a married couple but never legally married. California
does not recognize "common law" marriage.
Part 2: File your court papers
Filing is when you turn in your completed court papers
to the court. To file your court papers, you can call the
court clerk to see find out which courthouse to go to. If
you want to file online (e-file), check your local court's
website for more information. To find your local court
or their website, go to:
www.courts.ca.gov/find-my-court.htm.
Part 3: Get your papers from court
After you turn in your court papers, you will need to
get them back from the court. Your papers will be
ready the same day or the next business day. Ask the
court clerk when your court papers will be ready. You
may have to return to the courthouse to pick up your
papers if the court cannot return them to you
electronically. Look at your papers to see if the judge
granted you a temporary restraining order, on form
DV-110.
u If the judge granted you temporary protection
and you want it to last longer, make sure you
attend your court hearing (listed on form
DV-109).
u If the judge did not grant you a temporary
restraining order, the judge can grant you a
restraining order at your court hearing (listed on
form DV-109).
Judicial Council of California, www.courts.ca.gov
Rev. January 1, 2023, Optional Form
DV-505-INFO, Page 2 of 3
How to Ask for a Domestic Violence
Restraining Order
(Domestic Violence Prevention)
DV-505-INFO How to Ask for a Domestic Violence Restraining Order
Part 4: Have someone serve your papers
Where can I find free help?
You must have an adult personally give a copy of all
your court papers to the person you want a restraining
order against. It cannot be you or anyone listed on the
restraining order. Serving papers can be a dangerous
situation. If you want the sheriff to serve your papers,
they will do so for free. For more information on
service, read form DV-200-INFO, What Is "Proof of
Personal Service"?
Free legal help is available at your court's self-help
center. Find your local court's self-help center at
www.courts.ca.gov/selfhelp. Self-help center staff
will not act as your lawyer but may be able to give
you information to help you decide what to do in your
case, and help you with the forms. Staff may also
refer you to other agencies who may be able to help
you.
What if I am worried about my safety?
The National Domestic Violence Hotline provides free
and private safety tips. Help is available every day, 24
hours a day, and in over 100 languages. Visit online at
www.thehotline.org or
call 1-800-799-7233; 1-800-787-3224 (TTY).
Part 5: Get ready for and go to your
court hearing
At your court hearing, the judge will decide whether to
grant you a long-term restraining order that can last up
to five years. You have the option of attending your
hearing in-person or remotely (by phone, or
videoconference if available). For information on how to
attend your hearing remotely, go to the court's website.
Some courts may require advance notice. At the hearing,
you and the other side will have the opportunity to tell
your side of the story. For more information, read form
DV-520-INFO, Get Ready for the Restraining Order
Court Hearing. If you need more time to prepare your
case, you may ask for a new court date. Read form
DV-115-INFO, How to Ask For a New Hearing Date,
for more information.
Information about the process is also
available online
https://selfhelp.courts.ca.gov/DV-restraining-order/
process.
Judicial Council of California, www.courts.ca.gov
Rev. January 1, 2023, Optional Form
DV-505-INFO, Page 3 of 3
How to Ask for a Domestic Violence
Restraining Order
(Domestic Violence Prevention)