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Restraining Order Roadmap

Restraining Order Roadmap

This Roadmap is a guide to aid in completing the paperwork for a domestic violence restraining order. If you need advice about your case, then you will need to ask an attorney.

ask the Court for a Domestic Violence Restraining Order (DVRO)

Everyone must apply for BOTH a Temporary Restraining Order (TRO) seeking immediate protection for a short period of time and a Restraining Order (DVRO) which can only be issued after a hearing, but can last up to several years. See below for a description of the steps in the process for applying for a DVRO.

Steps for Obtaining a Restraining Order

  • Determine the correct courthouse for you:

    Martinez - 751 Pine Street

    Requests for Domestic Violence Restraining Orders must be filed at the Spinetta Family Law Center in Martinez.

    Richmond - 100 37th Street

    Exception: If you live in West County AND are not married to the person that you want protection from AND you do not have children with the person from whom you want protection, you must file in Richmond.

    Pittsburg - 1000 Center Drive

    Exception: If you live in East County AND are not married to the person that you want protection from AND you do not have children with the person from whom you want protection, you must file in Pittsburg.

  • Complete the forms

    You may submit your application or response for a DVRO electronically by following a simple set of instructions, click here. The Court has specially trained clerks available at all DVRO filing windows. These clerks can provide forms, answer questions and provide information about local resources. DVRO windows are located at the Spinetta Courthouse in Martinez and the courthouse in Richmond are open from 8:00 am until 4:00 pm.

    If you would like to have someone walk you through the process of filling out the forms, you can attend one of our workshops, led by Bay Area Legal Aid There are several different options for completing the Domestic Violence Restraining Order forms. You can use an online document preparation program or you can complete the forms by hand.

    If you would like to try the online document preparation program, click here Once you have finished completing the interview questions, the program will generate your forms.

    Or, you can print and complete the court’s packet of forms. If you are ready to complete the forms on your own, start the process by filling out the forms in DVRO Packet “A”

    If you would like to have someone walk you through the process of filling out the forms, please contact STAND! at 1-888-215-5555 or the Family Justice Center at 510-974-7200 to schedule an appointment to attend their restraining order clinics.

    The Court also has specially trained clerks available at all Restraining Order filing windows. These clerks can provide forms, answer basic questions, and provide information about local resources. Restraining Order windows are located at the Spinetta Courthouse in Martinez, the George D. Carroll Courthouse in Richmond, and the Arnason Justice Center in Pittsburg. These windows are open from 8:00 am until 4:00 pm.

    When you have finished filling out the forms, review this checklist to make sure that you have completed all the required forms:

    If you have children in common, you must also complete DVRO Packet “B”. When you have finished filling out the forms, review this checklist to make sure that you have completed all the additional required forms:

  • Submit the completed forms

    Submit the completed forms and existing orders, photos, texts, etc. at the courthouse identified in response to Step 1 (above).

  • Judge reviews your documents

    The day you submit your documents, or on the next day of judicial business, a judge will review your request for a Temporary Restraining Order (“TRO”) and either grant or deny the TRO. The clerk will also set a date for a hearing on your DVRO. The clerks will call you when your forms are ready to be picked up.

  • Pick up reviewed forms and complete service of process

    When you receive the call that your forms are ready, you will pick up your documents at the courthouse so you can arrange for copies to be delivered to the other party. Delivering copies to the other party is called “service”. Service must be performed correctly, or the judge cannot make a decision regarding your request for a DVRO. The clerks where you pick up your finished documents will give you a copy of DVRO Packet "C" which contains detailed instructions regarding service and other important matters, including filing the completed proof of service.

  • The hearing

    Come to Court on the day of your hearing and be prepared to explain to the judge the type of protection that you need and why you need the protection. You may also need to answer questions posed by the judge and/or the other party.

  • File the Restraining Order After Hearing

    After the hearing, you must file your DVRO (the judge or clerk will tell you where to go to file it). Once the DVRO is filed, court staff will deliver a copy of this order to law enforcement. You must then serve a copy on the restrained party as instructed by the judge or their clerk.

  • Distribute copies of Restraining Order After Hearing

    You must also provide copies of your Restraining Order After Hearing to others that may be called upon to enforce the order or to abide by its terms such as (1) your local police department, (2) your work (or their security department), (3) anyone who is protected by the order, and (4) your child’s school.