Superior Court of California

County of San Diego

 

            INSTRUCTIONS FOR DOMESTIC VIOLENCE RESTRAINING ORDERS (DVTRO)

 

Warning:     If you are a victim of domestic violence you should not try to complete these forms by yourself.  The way you mark the boxes and the information you provide, may limit the Court’s ability to make orders on your behalf.  There is help available.  You should either consult with an attorney or ask for free help at any of the DOMESTIC VIOLENCE RESTRAINING ORDER CLINICS operated at each Court location in this County.  The FAMILY LAW FACILITATOR is also available to help you.   See additional information on the other side of this sheet.

 

If you choose to complete the Domestic Violence Restraining Order forms without assistance, please read the following:

 

1.      Before you begin, read the forms and this instruction sheet completely. Remember to type or print clearly in black ink.

 

2.      This Domestic Violence Restraining Order application can be used to open a new case or, if you already have a Dissolution (divorce), Legal Separation, Nullity, Paternity or Bureau of Child Support Enforcement (San Diego County District Attorney) case with the person to be restrained, your application must be filed in that case.  If you have an existing case, put that case number on each of the forms.

 

3.       Fill out the following forms from the Domestic Violence Restraining Order packet:

·         FAMILY LAW CERTIFICATE OF ASSIGNMENT

·         ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER

·         APPLICATION AND DECLARATION FOR ORDER

·         ATTACHED DECLARATION FORM (if needed)

 

If you also need the person to be restrained removed from your residence, fill out the form:

·         ORDER FOR REMOVAL

 

If you have minor children with the person to be restrained, you must fill out the additional forms:

·         CHILD CUSTODY, VISITATION AND SUPPORT ATTACHMENT TO APPLICATION AND DECLARATION FOR ORDER

·         CHILD CUSTODY AND VISITATION ORDER ATTACHMENT

·         DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

·         FAMILY COURT SERVICES SCREENING FORM

 

4.      Put your name as the “Person to be Protected” and “Protected Person.” List the other individuals in your home that you wish to be protected. Put the name of the person you wish to have restrained as the “Person to be Restrained” and “Restrained Person.”

 

5.      Please Note:  All the reasons why the Court should grant your request for a restraining order must be stated in your DECLARATION.   Start with the most recent incident of violence or threat.  State the date of the incident and describe in detail what happened.  Simply writing that the other party was violent or threatened you is not enough.  You must give specific details.  Use the ATTACHED DECLARATION form if you need additional space to tell your story. You will not be able to tell the Court what happened at the time of your hearing; everything you want to tell the Court must be in your written DECLARATION.

 

6.      Filing completed forms: If you and the person to be restrained have no existing family law case in San Diego County, or if your only existing case is a case through the local Child Support Enforcement Agency or another Domestic Violence Restraining Order case, go to the business office of the Court closest to your home. If you and the person to be restrained have any other existing family law case, go to the court where your existing case is filed and present your forms to the Clerk. There is no fee to file a domestic violence temporary restraining order.  See Court locations listed under Family Law Facilitator on the next page.

 

7.      Your temporary restraining order application will be presented to a Judicial Officer for signature.  If the Court grants a temporary restraining order, you will be told to return to the clerk’s office for copies.  The clerk will set a future hearing date.  You must arrange to have the restrained person served with a copy of the temporary restraining order prior to that hearing date.

 

8.      The clerk will direct you to the Sheriff’s Office, Warrant Division, to make arrangements to have the temporary restraining orders served on the restrained person.  There is no fee for this service.

 

9.      Remember:  You must appear on the Court hearing date.  If you do not, your temporary restraining orders will expire on the date of the Court hearing.  If you were not able to arrange for the restrained person to be served prior to your Court hearing, go to the hearing anyway and ask the Court for additional time to serve.  The Court will usually set another hearing date and extend your temporary restraining orders to give you more time to serve the restrained party.

 

10.  On the date of your hearing, the Court may issue permanent restraining orders for a period of up to three years and will set a specific expiration date. You must prepare a form called Restraining Order After Hearing.   A copy of the Restraining Order After Hearing must be given to the Sheriff’s Department.  If you have children with the restrained person, you may need to prepare attachments also.  If you feel the need to extend these orders for another three-year period, return to Court 60 days prior to the expiration date.  No additional incidents of violence need be shown to obtain an extension on the original restraining orders.

 

11.  Keep a copy of your restraining orders with you at all times.  If the restrained person violates the order, telephone the Police and give them your case number.   

 

·         DOMESTIC VIOLENCE RESTRAINING ORDER CLINICS

 

Madge Bradley Building         North County Courthouse Annex

FAMILY VIOLENCE SOLUTIONS CENTER         325 South Melrose Drive

1409 Fourth Avenue         Vista, CA 92083      

San Diego, CA  92101         Monday, Tuesday, Wednesday and Friday

Monday through Friday         8:30 a.m. – 2:30 p.m.

8:30 a.m. – noon; 1:00 p.m. - 4:30 p.m.

 

East County Courthouse         South County Courthouse

250 East Main Street         500 3rd Avenue                               

El Cajon, CA 92020         Chula Vista, CA 91910      

Monday through Friday         Monday through Friday

9:00 a.m. – noon;  1:00 p.m. – 4:00 p.m.         11:30 a.m. – 1:30 p.m.

 

 

·          FAMILY LAW FACILITATOR

(Assistance is provided on an emergency basis for domestic violence victims if Restraining Order Clinic is unable to assist)

 

The San Diego Superior Court operates this program. Hours:  Monday - Friday 8:30 a.m. – 12:00 p.m. and 1:30 p.m.- 4:30 p.m.

 

Family Court -Lobby      Vista Courthouse Annex      East County (M-Th)*                 South County          

1555 Sixth Avenue            325 South Melrose Dr.       250 E. Main St.                       500 3rd Ave.

San Diego, CA  92101            Vista, CA   92083                  El Cajon, CA 92020                  Chula Vista, CA 91910

      Court Records Section:            Court Business Office: Court Business Office: Court Business Office:

      (619) 236-0189                (760) 726-9595                     (619) 441-4622                     (619) 691-4875

 

 

REASONABLE ACCOMODATIONS PURSUANT TO CALIFORNIA RULE OF COURT 989.3 WILL BE MADE FOR PERSONS WITH DISABILITIES.  ADVISE THE CLERK OF NEED IN ADVANCE OF THE HEARING DATE.

                                                                                                                        06/01/01