Domestic Violence Restraining Order - How to Apply Print this Page
Phone: (415) 444-7040
Email: familylaw@marincourt.org
Location: Civic Center, Hall of Justice, Room 113
Office Hours: 8:00am - 4:00pm


How to Apply for a Domestic Violence Restraining Order

You may apply to the Court for an order restraining a person from all contact with you, your children, and other family members; from living in the residence; and to stay away from you, your home, your vehicle, your place of employment, and the children's school and/or place of child care.

THERE IS NO CHARGE FOR DOMESTIC VIOLENCE RESTRAINING ORDER FORMS. All forms are available from the Civil Clerk's Office, or you may download the complete packet by clicking here.

You may also complete the forms on line by clicking here. For additional information about domestic violence orders, please click here.

For help filling out the forms, please contact:

  • Legal Self Help Center, Civic Center, Hall of Justice, Room C-44, San Rafael, (415) 444-7130
  • Family & Children's Law Center, 1401 Los Gamos Drive, Suite 200, San Rafael, (415) 492-9230.

To apply for a temporay restraining order, please complete the forms available from the links above and submit them to the Clerk's Office in room 113 before 10:30 a.m., Monday through Friday. The clerk will give the completed forms to a judicial officer for review after which they will be returned to the Clerk's Office. You must pick up these forms at the Clerk's Office between the hours of 1:30 p.m. and 2:30 p.m. The clerk will set a date for the hearing. If the judge grants temporary orders pending the hearing, they will take effect immediately but will not be enforceable until served on the restrained person. If the 10:30 a.m. deadline is missed, you can still turn in the completed forms which will be reviewed by the Court on the next business day.

In all cases, temporary restraining order forms must be accompanied by a declaration describing in detail the incidents of abuse which support your application for a restraining order. Your request will be reviewed by a judicial officer and then, if the temporary restraining order is granted, it will be filed with the Court. A person over the age of 18 must serve the papers on the other party. The Sheriff's Office will attempt to serve the papers for domestic violence restraining orders free of charge. The Sheriff's Office is located at 1600 Los Gamos Drive, Suite 200, San Rafael 94903.

At the time your application for a temporary restraining order is submitted, you must fill out a confidential Law Enforcement Supplemental Information form. This form requests descriptive information, including birth date, home and work addresses and telephone numbers, and the driver's license number of the person to be restrained. You should bring all identifying information you have regarding this person with you to the Court. The purpose of this form is to make sure that your restraining order can be enforced and that it can be entered into a Statewide Protective Order Registry which is available to all law enforcement agencies.

IF YOU ARE IN IMMEDIATE DANGER, CALL 911

Overview

There are four types of restraining orders:
  1. Domestic Violence
  2. Civil Harassment
  3. Elder or Dependent Abuse
  4. Workplace Violence
 
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