Restraining Order Help Center

Do you need help applying for a Domestic Violence Restraining Order?

If you are in danger right now, dial 911.

You can go to our Complete Forms at Home page for an online Question & Answer session that will help you fill out the legal forms required to apply for a Domestic Violence Restraining Order in Santa Clara County. Before you get started with the program, you will be asked to register an account so that your work doesn’t get deleted before you’ve finished filling out the forms.

If you want in-person help or form review, visit the Restraining Order Help Center. You can get help if you come with or without the forms filled out.

This page tells you about:

1. What is the Restraining Order Help Center?
2. Where is the Restraining Order Help Center?
3. Can I reach the ROHC by phone?
4. What kind of help can I get there?
5. Who can fill out the forms?
6. Can I fill out the forms online?
7. What do I need to bring with me?
8. What happens after I've filed the form?
9. Does the Center also help with Civil Harassment?
10. Does the Center also help with Elder Abuse restraining orders?
11. Does the Center also help with Workplace Violence restraining orders?
12. Does the Center also help with restraining orders in Juvenile Court?
13. Will I have to pay anything?

1. What is the Restraining Order Help Center (ROHC)?

   The window at the Restraining Order Help Center is the place to go for information on how to get a restraining order. The staff there will talk to you about your problem and give you the forms and sample books for your specific situation.

   Information about resources at court and in the community are also provided. You can get information on temporary shelter, counseling, and other help you might need.
    

2. Where is the Restraining Order Help Center and when is it open?

   The Restraining Order Help Center is in the Family Justice Center Courthouse in downtown San Jose. Visit the Family Justice Center Courthouse page for the address, map and parking information.

   ** Read this flyer or page for hours and locations of the Court's Restraining Order Help Centers and Self-Help Centers **

3. Can I reach the ROHC by phone?

   To reach the Family Court Restraining Order Help Center by phone, call (408) 534-5600 and listen for the Restraining Order Help Center option. If people are waiting in line for help, the staff will not be able to take your call. The message will tell you to come in for help.
    

4. What kind of help can I get there?

   ROHC staff are trained to ask the specific questions that help identify the correct forms and information for each customer, since each person's case is unique. Research using court computer applications is used to determine if other open cases exist for that individual.

   These forms are also available from the Internet at Judicial Council forms page
    

   There are samples of Domestic Violence and Civil Harassment forms posted on the wall outside the Center.

5. Who can fill out the forms?
    

   The victim of the violence, threats of violence or harassment should be the person who fills out the paper to apply for a restraining order. The Restrained Person should be the person who fills out the Answer form.

   If the person filling out forms is unable to write or is having someone else translate their information and enter it on the forms, they must be told what is written and they must sign the forms themselves. Someone who has been told about the situation cannot sign the forms for them.

   Minors age 12 or older can also ask for a restraining order.

6. Can I fill out the forms online?
    

   You can go to our Complete Forms at Home page for an online Question & Answer session that will help you fill out the legal forms required to apply for a Domestic Violence Restraining Order in Santa Clara County. Before you get started with the program, you will be asked to register an account so that your work doesn’t get deleted before you’ve finished filling out the forms.

   If you want in-person help or form review, visit the Restraining Order Help Center. You can get help if you come with or without the forms filled out.

7. What do I need to bring with me?
    
   • If you already have a restraining order, from a police officer or Criminal Court, for example, bring it with you.
   • If you’ve ever had an attorney representing you, bring written proof (an order filed with the Court) that you do not have an attorney now.
   • Bring an interpreter with you if you have trouble speaking or writing in English. Some community organizations listed on the Resources page may also have people who speak your language who can help you.
   • Paystubs (optional - to apply for fee waiver in some situations - see #12 below)

   Please do NOT bring your children. Try to find someone to take care of your children. The paperwork can take a long time to fill out. Children become very restless while they’re waiting. Also, talking about domestic violence is an “adult” discussion.

8. What happens after I've filed the form?

   See the Domestic Violence Restraining Order page on this website to read more about how to know when the forms have been signed by the judge and are ready to be picked up. You can check the status online!
    

9. Does the Center also help with Civil Harassment?

   Yes, you can get help with Civil Harassment Restraining Orders.
    

10. Does the Center also help with Elder Abuse restraining orders?

    Yes, but Senior Adult Legal Assistance (SALA) is an excellent source for help. If they agree to help you with your case, they will be able to provide more help than the staff at the Center can.

11. Does the Center also help with Workplace Violence restraining orders?

    No. Please visit a private attorney (see the Santa Clara County Bar Association ) or the law library for help. If the business is incorporated, it must be represented by an attorney. (For more about this type of restraining order, see the Workplace Violence page.)
     

12. Does the Center also help with restraining orders in Juvenile Court?

    Yes, the staff will help with restraining orders in Juvenile Dependency Court, but first check to see if your Juvenile Court attorney will help you.
     

13. Will I have to pay anything?

    It does not cost anything to talk to the staff at the Restraining Order Help Center, and the forms and other handouts are free.

    Domestic Violence filings are free. When a Domestic Violence filing is accompanied by a parentage, divorce or legal separation filing, however, there is a fee. If your income is low, you can apply to not pay ("waive") the fee. To show the court what your income is, you should bring your three most recent paystubs or other proof of income. Read more about fee waivers.
     

    Civil Harassment filings are free if there has been violence. If there hasn't been any violence you can apply for a fee waiver if your income is low.