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Declaration Restraining Order

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APPLICATION FOR TEMPORARY RESTRAINING ORDER (Claim and Delivery)

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:    FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

APPLICATION FOR TEMPORARY RESTRAINING ORDER

1. Plaintiff* (name): has filed an application for a writ of possession and

a. a hearing has not been set.

b. a hearing will be held on (date): Time: Dept.: Rm.:

2. Plaintiff requests a temporary restraining order that will apply to (check all that apply):

a. the farm products (Code Civ. Proc., § 511.040) held for sale or lease described in the application for writ of possession.

b. the inventory (Code Civ. Proc., § 511.050) described in the application for writ of possession.

c. the property (other than the above) described in the application for writ of possession.

3. Plaintiff requests that defendant (name): be prohibited from (check all that apply):

a. transferring any interest in the property referred to in items 2a or 2b by sale, pledge, or grant of security interest or otherwise disposing of or encumbering it, except in the ordinary course of business.

b. transferring any interest in the property referred to in item 2c by sale, pledge, or grant of security interest or otherwise disposing of or encumbering it.

c. concealing or otherwise removing the property in such a manner as to make it less available to seizure by the levying officer.

d. impairing the value of the property either by acts of destruction or by failure to care for the property in a reasonable manner (specify any needed precautions):

4. Plaintiff requests the following restrictions on the disposition of the proceeds of a transfer of the property described in items 2a or 2b in the ordinary course of business (specify):

5. Facts showing the probability that there is an immediate danger that the property referred to in item 2 may become unavailable to levy by reason of being transferred, concealed, or removed or may become substantially impaired in value are specified in the verified complaint. in the attached declaration. as follows:

6. Number of pages attached:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT PLAINTIFF'S NAME)

(PLAINTIFF'S SIGNATURE)

CD-190 [Rev. January 1, 2006] APPLICATION FOR TEMPORARY RESTRAINING ORDER

(Claim and Delivery)

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What a Declaration Restraining Order Is and when it’s used

A Declaration Restraining Order is a written, sworn statement prepared to support a petition for a temporary or permanent protective order in civil or family court. It sets out the declarant’s factual account of alleged conduct (dates, locations, and behavior), identifies witnesses and evidence, and explains the specific relief requested. Courts use the declaration to determine whether immediate protective relief is warranted before a full hearing. Declarations are typically submitted by petitioners, victims, or eyewitnesses and must be accurate, concise, and sworn under penalty of perjury.

Step-by-step: drafting and filing your declaration

Use this concise sequence to prepare a clear, court-ready declaration in support of a restraining order.

  • 01
    Gather facts: Collect dates, locations, witnesses, and supporting documents.
  • 02
    Draft narrative: Write a chronological, factual account without speculation.
  • 03
    File with court: Submit the declaration as required by local clerk procedures.
  • 04
    Serve respondent: Arrange service per local rules and retain proof of service.

Who prepares and relies on a Declaration Restraining Order

Several parties commonly prepare or use declarations when seeking protective relief or when courts request supporting affidavits.

  • Petitioners or alleged victims preparing their sworn account for the court.
  • Attorneys drafting declarations to frame legal arguments for emergency relief.
  • Court personnel and law enforcement using declarations to schedule expedited hearings.

Accurate declarations reduce delays and provide a clearer record for the judge at the initial protective order hearing.

Why a clear Declaration matters for protective relief

A well-prepared declaration supplies the court with the factual basis needed to grant temporary protection, frames the emergency elements, and documents evidence and witnesses for later proceedings. Because the judge often decides emergency relief on written submissions, clarity and specificity can determine whether short-term protection is issued before a full hearing.

Why a clear Declaration matters for protective relief

Core components to include in a professional declaration

Each declaration should contain the essential elements below so the court can assess urgency and scope of relief.

Declarant Statement

A concise, sworn statement identifying the declarant, relationship to parties, and the declarant’s basis for knowledge of the events described, including how the information was obtained.

Incident Timeline

Chronological listing of events with specific dates and times, highlighting recent or escalating conduct that supports immediate relief.

Injuries and Impact

Describe physical injuries, emotional harm, threats, or property damage with observable details and any medical or police contacts.

Witness Information

Name and contact for eyewitnesses or others with direct knowledge, plus a brief statement of what each witness observed or can testify to.

Exhibits and Evidence

Reference attached items (photos, texts, emails, records). Label exhibits clearly and explain how each supports the narrative facts.

Relief Requested

Specify the protective measures sought (no-contact, stay-away distances, temporary custody, firearms restrictions), and any proposed duration.

Required fields: essential information to include

Full Legal Name: Exact name on ID
Date of Birth: MM/DD/YYYY
Current Address: Street, city, state, ZIP
Case Number: Court-assigned docket number
Statement Date: MM/DD/YYYY signed
Signature: Signed under penalty of perjury

Penalties and legal risks from incorrect or false declarations

Perjury Risk: Criminal penalties for false sworn statements
Case Dismissal: Insufficient or contradictory facts can cause denial
Service Failure: Improper service can void relief
Privacy Exposure: Publishing sensitive data may create safety risks
Missing Evidence: Omissions weaken credibility
Incorrect Parties: Naming the wrong respondent undermines enforcement

Common preparation mistakes to avoid

  • Omitting precise dates or locations, which makes events difficult to verify and weakens the emergency showing to the judge.
  • Using hearsay instead of direct observations; statements should reflect what the declarant personally saw, heard, or experienced.
  • Failing to attach or label supporting exhibits such as photos, texts, or police reports that corroborate the narrative.
  • Not providing proof of service or failing to follow local service requirements, which can delay or nullify a protective order.

How the filing and hearing process typically flows

The following high-level flow outlines common steps from submission to the court’s initial decision on temporary relief.

  • Prepare Declaration: Draft, attach exhibits, and sign under penalty of perjury
  • File with Clerk: Submit paper or electronic filing per local court policy
  • Serve Respondent: Use approved service method and document proof
  • Initial Hearing: Judge reviews declarations and decides on temporary relief

Digital signing and eSubmission considerations for declarations

Courts and clerks differ on acceptance of e-signed declarations; confirm local rules before e-filing or relying on an electronic signature.

  • Supported Formats: PDF and DOCX are commonly accepted for filings
  • Authentication: Use multi-factor or verified signer identity where required
  • Integrations: Connects to court e-filing, cloud storage, and case management

Typical eSignature vendor comparison relevant to declarations

Pricing and core capabilities vary across providers; the table summarizes starting price, trial availability, bulk send, audit trail, HIPAA compliance, and envelope limits.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about the Declaration Restraining Order

Answers to common questions about execution, e-signing, notarization, service, and post-filing expectations for declarations supporting protective orders.


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