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Restraining Order

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Forms You Need for a Temporary Restraining Order

DV-505

Look at the numbers at the top of your forms.

You can use this form as a checklist.

1

For a restraining order you need:

DV-100 Request for Order

DV-110 Temporary Restraining Order and Notice of Hearing

2

If you have children with the person you want protection from, you also need:

DV-105 Child Custody, Visitation, and Support Request

DV-140 Child Custody and Visitation Order

3

If you want child support or spousal support, you also need:

FL-150* Income and Expense Declaration or

FL-155* Financial Statement (Simplified)

* Read Which Financial Form—FL-155 or FL-150? (Form DV-570) to know which one is right for you.

4

Ask the clerk if your county has special forms or rules. Fill out the forms. Then take them back to the court clerk.

5

Other forms you will need (don’t fill them out now):

DV-120 Answer to Temporary Restraining Order

DV-130 Restraining Order After Hearing (Order of Protection)

DV-200 Proof of Service (In Person)

6

Need help?

The clerk has information sheets that can help you. Or you can get them at:

www.courtinfo.ca.gov/forms

• Can a Domestic Violence Restraining Order Help Me? (DV-500)

• I Filled Our the Forms—What Now? (DV-510)

• What Is “Proof of Service”? (DV-210)

• Get Ready for Your Hearing (For Protected Person) (DV-520)

• How to Enforce Your Order (DV-530)

• Information for the Restrained Person (DV-540)

• Get Ready for Your Hearing (For Restrained Person) (DV-550)

• How to Reissue a Temporary Restraining Order (DV-126)

• How Can I Make the Order Permanent? (DV-560)

• Which Financial Form—FL-155 or FL-150? (DV-570)

7

Need more help?

Ask the court clerk about free or low-cost legal help. Or call the National Domestic Violence Hotline:

1-800-799-7233

TDD: 1-800-787-3224

It’s free and private.

They can help you in more than 100 languages.

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What a Restraining Order Is and when it applies

A restraining order is a court-issued instruction that limits or prohibits contact or proximity between named parties to protect safety, property, or privacy. It typically begins with a sworn petition or affidavit and may be issued on an emergency (ex parte) basis pending a full hearing. Remedies vary by jurisdiction and can include no-contact provisions, stay-away distances, child custody limitations, and property-use restrictions. The document must identify the petitioner and respondent, describe the alleged conduct, and specify the duration and geographic scope of the protections sought.

Why a Restraining Order matters and its legal basis

A restraining order provides legally enforceable protection quickly when credible threats exist and creates a court record that can support criminal or civil enforcement. Electronic submission and signatures are generally acceptable under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, though courts and certain procedural filings may require specific formats or in-person steps.

Why a Restraining Order matters and its legal basis

Who typically completes or files a Restraining Order

Filing procedures vary by county and case type; work with local court clerks or counsel to confirm the correct form set and service method.

  • Self-represented petitioners who need protective relief without an attorney and may use court forms or online portals
  • Family law and domestic violence attorneys preparing sworn petitions and supportive affidavits for hearings
  • Advocates, counselors, and legal aid staff who assist with form completion and safety planning

Key elements that make a defensible Restraining Order

A complete restraining order combines factual affidavit, precise remedies, service instructions, court attachments, and administrative metadata to be enforceable and clear to law enforcement.

Caption

Court name, case number, petitioner and respondent names, and case type must appear exactly as the clerk requires to ensure the order is filed and indexed correctly.

Affidavit

A sworn narrative describing dates, locations, witnesses, and specific acts alleged; avoid conclusory language and include corroborating detail where available.

Relief Requested

Clear, itemized provisions (no-contact, stay-away distance, firearm surrender, child custody directives) with precise geographic or temporal limits.

Service Instructions

State how the respondent will be served, who will effect service, and include any statutory attestation required by the court for proof of service.

Hearing Details

Include the hearing date, time, judge or department, and any instructions about appearing remotely or in person per local rules.

Clerk Metadata

Signature blocks, judge signature line, court stamp area, and docketing fields for clerk use so the order is processed without administrative delay.

Essential information to include on the form

Petitioner Name: Full legal name
Respondent Name: Full legal name
Incident Dates: Specific MM/DD/YYYY dates
Requested Relief: Explicit protections
Service Address: Where respondent can be served
Contact Info: Phone and mailing address

Step-by-step: Completing and filing a Restraining Order

Follow this sequence from form completion through service and the initial hearing to ensure the court accepts your filing.

  • 01
    Prepare Petition: Complete the affidavit and relief sections with specific facts and dates.
  • 02
    File with Court: Submit the petition to the appropriate family or civil court clerk.
  • 03
    Request Ex Parte: If immediate danger exists, ask the judge for emergency relief that can be issued the same day.
  • 04
    Serve Respondent: Arrange personal service per local rules and file proof of service before the full hearing.

How to customize an online workflow for the Restraining Order

Configure online form fields, signer roles, and authentication to match court requirements and reduce manual corrections.

Field Configuration
Name Fields Require exact-match validation and no abbreviations
Date Fields Use MM/DD/YYYY mask and date picker
Signature Type Enable audit-trail eSignature with signer email and timestamp
Authentication Use email + SMS code for petitioner identity

Where to file and how the document moves through the system

Common filing destinations and subsequent routing steps vary by case type and county court rules.

  • Court Clerk: File the petition with the family or civil court clerk
  • Judge Review: Judge reviews affidavit and may issue ex parte relief
  • Service Provider: Process server or law enforcement serves the respondent
  • Hearing: Full hearing scheduled per local court calendar

Digital signing and eSubmission requirements

If e-filing or RON is not accepted locally, combine electronic completion with in-person notarization or print-and-file procedures to meet court requirements.

  • E-Filing Support: Court must accept electronic filings for your case type
  • E-Signature Standards: Use an eSignature with audit trail and signer attribution
  • Notary / RON: RON allowed where state statutes permit

Typical timelines and what to expect after filing

Timeframes differ by jurisdiction; use the court clerk and local domestic violence resources to confirm exact deadlines and hearing dates for your county.

Emergency (Ex Parte):

May be issued same day when immediate danger is shown

Initial Hearings:

Courts commonly schedule a full hearing within days or weeks after ex parte relief

Proof of Service:

Proof usually must be filed before the full hearing

Temporary vs. Final:

Temporary orders expire at the hearing; final orders set duration per statute

Appeal or Modification:

Deadlines to appeal or request modification vary by state and judge

Common mistakes that delay or weaken a Restraining Order

  • Using vague language for relief, which makes enforcement and officer interpretation difficult
  • Failing to provide accurate service information, causing missed hearing notices and potential dismissal
  • Omitting dates, locations, and specifics of incidents, reducing credibility at hearing
  • Not confirming court e-filing or e-signature rules, which can invalidate electronic submissions

Consequences of errors or incomplete filings

Dismissal Risk: Incomplete forms can lead to dismissal
Enforcement Gaps: Ambiguous relief may be unenforceable
Contempt: Violation of a valid order can be contempt
Criminal Liability: Intentionally false statements may carry criminal penalties
Service Failure: Improper service can void hearing process
Evidence Loss: Missing documentation weakens case

Practical examples of digital document use in sensitive filings

Organizations report faster turnaround and consistent compliance when combining clear forms with secure e-signature workflows.

Brian Fitzgibbons, COO

Optica needed a simple process for documents that required signatures.

  • The team eliminated paper bottlenecks.
  • The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

Tim Martin, Founder

A small firm required compliant remote execution of legal paperwork.

  • They used mobile and offline signing.
  • I can process and execute all of these documents online with 100% compliance and built-in security.

eSignature vendor comparison for restraining order workflows

Comparison of common plan and capability dimensions for eSignature vendors; signNow is listed first per format requirements.

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 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

Frequently asked questions about preparing and filing a Restraining Order

Answers to common procedural and technical questions about completing, signing, serving, and storing restraining order documents.


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