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California Temporary 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.:

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

CD-190

FOR COURT USE ONLY

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:

APPLICATION FOR TEMPORARY RESTRAINING ORDER

CASE NUMBER:

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):

* "Plaintiff" includes cross-complainant and "defendant" includes cross-defendant.

Page 1 of 2

Form Adopted for Mandatory Use
Judicial Council of California
CD-190 [Rev. January 1, 2006]

APPLICATION FOR TEMPORARY RESTRAINING ORDER
(Claim and Delivery)

Code Civ. Proc., §§ 513.010, 513.020

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

CD-190

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)

Page 2 of 2

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What a California Temporary Restraining Order Is

A California Temporary Restraining Order (TRO) is a short-term court order issued to preserve the status quo and prevent immediate harm before a full hearing. TROs are commonly requested ex parte, meaning the petitioner asks the court for emergency relief without prior notice to the opposing party. In California, petitioners generally file Judicial Council forms tailored to the case type (civil harassment, domestic violence, elder abuse, workplace violence), and the TRO remains in effect until the noticed hearing when a judge considers a longer-term injunction.

Why a Temporary Restraining Order Matters

A TRO provides immediate legal protection by ordering a respondent to stop specified behavior, preserve property, or avoid contact, allowing the court time to evaluate whether longer-term injunctive relief is warranted.

Why a Temporary Restraining Order Matters

Who Typically Files or Receives a TRO

Common parties include individuals seeking protection, employers seeking workplace safety orders, and attorneys filing on clients' behalf.

  • Individuals seeking immediate protection from harassment, threats, or abuse; often self-represented or represented by counsel.
  • Employers or HR departments requesting workplace restraining orders after credible threats or violence toward staff.
  • Attorneys and legal aid organizations filing on behalf of vulnerable adults, children, or employees in urgent situations.

Courts expect accurate party information, clear factual affidavits, and properly served orders; failure to follow local rules can delay relief.

Key Signers and Their Roles

Petitioner

Person asking the court for emergency protection; may file pro se or through counsel and must provide detailed sworn facts supporting immediate harm.

Respondent

Person named in the TRO who is ordered to refrain from specified acts; service of the TRO and notice of hearing must follow local court rules.

Core Parts of a California TRO

A complete California TRO package combines procedural forms, factual sworn statements, and clear order language so a judge can decide on short-term protection and schedule a follow-up hearing.

Caption

Court name, case number, and party names placed exactly as on other filings so the order is properly docketed and enforceable by the issuing court.

Petition/Affidavit

Sworn factual statement describing incidents, dates, locations, witnesses, and specific conduct that demonstrates immediate risk or irreparable harm to justify ex parte relief.

Requested Orders

Clear, itemized relief requested (no contact, stay-away, property preservation, temporary custody), written so enforcement officers and the respondent can understand prohibited acts.

Hearing Information

Date, time, and location of the noticed hearing where the court will decide whether to convert the TRO into a longer injunction or to dissolve it.

Service Instructions

How the TRO must be served (personal service, sheriff/constable, process server), including proofs of service form to return to the court after service is completed.

Judge’s Signature

The judge’s signed order and date; the judge’s signature finalizes the TRO and must appear on the stamped order that law enforcement and parties receive.

Step-by-step: Filing a TRO in California

Follow these sequential actions to prepare, file, and serve a TRO while meeting common court requirements and timelines.

  • 01
    Prepare Forms: Complete Judicial Council forms and a sworn affidavit describing immediate harm.
  • 02
    File Ex Parte: Submit paperwork at the clerk’s office or e-file per local rules for emergency review.
  • 03
    Judge Reviews: Judge evaluates the affidavit and decides whether to issue a short-term order pending hearing.
  • 04
    Serve Respondent: Arrange personal service of the TRO and notice of hearing; file proof of service with the court.

How Emergency TRO Relief Typically Proceeds

A clear procedural flow helps petitioners and their representatives prepare for immediate court expectations and next steps.

  • File Petition: Complete and file the emergency petition and supporting affidavit.
  • Ex Parte Hearing: Judge may hear the petition without the respondent present.
  • Order Issued: Judge signs temporary order if criteria are met.
  • Service: Deliver the signed order and hearing notice to respondent as required.

Setting Up a Digital Workflow for the TRO Package

Organize your documents and signer steps to reduce errors and speed service when using electronic tools or court e-filing systems.

Field Configuration
Document Upload PDF/A format, single combined packet preferred
Signature Fields Place signature and date fields for petitioner and attorney
Authentication Use strong email or SMS verification for signer identity
Notifications Enable notifications for signing and proof-of-service uploads

Digital Delivery and Technical Requirements

Ensure platform compatibility with court e-filing rules, common document formats, and secure signer authentication before e-submitting.

  • File Formats: PDF and DOCX accepted
  • Authentication: Email, SMS, or two-factor
  • Integrations: E-filing and cloud storage

Use a solution that supports audit trails, secure storage, and exportable signed records so the court and law enforcement can rely on the document history.

eSignature Pricing and Feature Snapshot for TRO Documents

Compare entry-level pricing and common enterprise features relevant to preparing and delivering TRO packets; signNow is listed first per pricing references.

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 Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Typical Timeframes and Deadlines for TRO Proceedings

Timing varies by court and type of order; the following are common deadlines petitioners should expect and plan for.

Ex Parte Filing Window:

File as soon as possible; courts hear emergencies on short notice.

Temporary Order Duration:

Typically effective immediately until the noticed hearing, often scheduled within 21–25 days.

Hearing Date:

Court sets a hearing where both sides can present evidence for a longer injunction.

Proof of Service:

File proof of service before or at the hearing per local rules.

Extension Requests:

If additional time is needed, request extensions before the TRO expires and show good cause.

Key Processing Milestones from Filing to Final Order

Track these stages to make sure each step (filing, review, hearing, enforcement) is completed promptly and documented.

01

File Petition

Submit completed forms, affidavit, and any proposed order to the court clerk.

02

Judicial Review

Judge reviews the filing and supporting facts for ex parte relief.

03

Hearing Scheduled

Court sets a hearing date to consider a longer injunction with both parties present.

04

Final Order

Judge issues a longer-term order, denies relief, or schedules further proceedings as appropriate.

Common Pitfalls to Avoid When Preparing a TRO

  • Incomplete affidavits that lack specific dates, locations, or witness names can lead to denial or continuance of emergency relief.
  • Naming or service errors—misidentifying the respondent or using incorrect addresses—can invalidate service and delay hearings.
  • Failing to file proof of service before the hearing can prevent the judge from considering the application as fully noticed.
  • Relying on hearsay or vague allegations without corroborating details often weakens the emergency showing required for ex parte relief.

Security and Compliance Features to Protect TRO Records

In Transit: TLS 1.2/1.3 encryption
At Rest: AES-256 encryption
Certifications: SOC 2 Type II, ISO 27001
HIPAA Support: BAA available when required
Audit Trail: Detailed timestamps and IP logs
Legal Framework: ESIGN and UETA compliance

Potential Consequences of Errors or Misuse

Service Failures: Delay or dismissal
Contempt: Criminal or civil penalties
Perjury Risk: Sworn false statements implications
Denied Relief: Loss of emergency protection
Evidence Issues: Weakened case at hearing
Recordkeeping Lapses: Compliance and enforcement problems

Real-World Examples of Digital TRO Workflows

These brief examples illustrate how practitioners and organizations combine court forms, affidavits, and secure delivery to obtain timely orders.

Optica Ventures LLC

A private real estate firm needed rapid protection for staff after threats were received

  • The legal team filed an ex parte packet and arranged same-day service
  • The firm highlighted the importance of clear affidavits and reliable proof-of-service records to the court and enforcement agencies.

Martin Properties

A property manager filed for a workplace restraining order following serious on-site harassment

  • The manager used consolidated exhibits and a detailed incident timeline
  • At the hearing, the judge cited the organized presentation and corroborating evidence in granting temporary relief while setting a permanent hearing.

Frequently Asked Questions About California TROs

Answers to common procedural and technical questions about preparing, filing, serving, and securing Temporary Restraining Orders in California.


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