Domestic Violence Restraining Order Forms

• Requesting a Domestic Violence Restraining Order
• Responding to a Domestic Violence Restraining Order Request
• Renew a Domestic Violence Restraining Order After Hearing

• You may file a request for Domestic Violence Restraining order, If you and the other party:

  AND

  • a close relationship (married, divorced, separated, dating or used to date, live together or used to live together as a couple)
  • are related within 2 degrees of consanguinity by blood or marriage (as long as the marriage remains intact) which includes parents, grandparent, children, grandchildren, siblings
  • There has been physical violence, a verbal threat of physical violence or a pattern of harassing behavior towards you by other party
• If you and the other party have a child(ren) together and you have never been to court about custody/visitation, you may:
  • use a standalone packet which includes a request for custody/visitation or
  • file a packet that includes a Summons and Petition
    • If you are married, you may use the packet that includes divorce/legal separation forms
    • If you are not married, you may use the packet the includes parentage forms
• If you and the other party have a child(ren) together and you have been to court about custody/visitation, you will use the standalone packet and file it into your open case.

• If you have been served with a Domestic Violence Restraining Order Request, you may use these forms to let the Judge know your side of the story and where you agree or disagree with the request orders. You may also give your response verbally in court.
• If you were also served with a Petition for Divorce/Legal Separation/Nullity or a Petition to Establish Parentage, you should file a Response to those forms as well. They are available on this page.
• Pending criminal case: If you have a pending criminal case, you should speak to your lawyer or public defender BEFORE completing the Response forms. Anything you write in your Response or say at the court hearing can be used against you in your criminal case. When you go to court, let the Judge know there is a pending criminal case related to the issues in this case.

• If you received a Domestic Violence Restraining Order After Hearing (DV-130), you may ask to renew (extend) the order during the 3 months BEFORE it expires.
• You may request the extension for 5 years or permanently.

Each form packet has an instruction sheet and a sample packet to guide you page-by-page through the forms. If you are not sure which packet is best suited to your issues, please contact the Self-Help Center. Once you have completed forms, you may scan and email them to the Self-Help Center for review at SHCDocReview@scscourt.org.

Restraining Order forms may be reviewed at the Restraining Order Help Center located on the first floor of 201 N. First Street, San Jose, CA 95113.