Filing for a restraining order can feel extremely overwhelming when you’re already dealing with a stressful situation. California law provides many different types of protection orders, and knowing which to file can be tricky. San Francisco courts may also have their own unique rules and expectations for filing.
At Weed Law Group, PC, our California restraining order attorneys are here to help. We help you protect your rights, stay safe, and properly file a restraining order in San Francisco.
Understanding Restraining Orders in San Francisco
California law sets forth multiple types of restraining orders. Each is designed for specific situations:
- Domestic Violence Restraining Order (DVRO): For abuse by a spouse, partner, co-parent, close relative, or someone you’ve dated.
- Civil Harassment Restraining Order (CHRO): For harassment or threats by neighbors, roommates, coworkers, acquaintances, or strangers.
- Elder or Dependent Adult Abuse Restraining Order: For seniors or dependent adults experiencing abuse or neglect.
- Workplace Violence Restraining Order: Filed by employers to protect employees.
Step 1: Determine Which Type of Order You Need
What type of relationship you have with the person you’re seeking protection from will usually determine the right form. If the person is a spouse, ex-partner, co-parent, or close family member, you will file a DVRO. If not, you will file a CHRO.
Choosing the correct category matters because:
- DVROs offer broader protections
- DVROs do not require a filing fee
- CHROs may require a fee unless the case involves violence or threats
Step 2: Get the Required Forms
You can get the forms you need online from the California Courts website, or go to the San Francisco Superior Court to get a physical copy.
For DVROs, you’ll typically need:
- Request for Domestic Violence Restraining Order
- Temporary Restraining Order
- Confidential CLETS Information
- Description of Abuse
- Child custody or visitation forms, if applicable
For CHROs, you’ll need:
- Request for Civil Harassment Restraining Order
- Temporary Restraining Order
- Confidential CLETS Information
San Francisco’s self-help center can review your forms before filing.
Step 3: Fill Out the Forms Carefully
Your forms must clearly explain:
- What happened
- When it happened
- Why you fear future harm
- What protection you need
Be specific and describe what happened in detail. Include dates, specific threats, or injuries you’ve suffered.
Step 4: File Your Forms at the San Francisco Courthouse
You can file in person at the Civic Center Courthouse or electronically through the court’s e-filing system. Most people filing DVROs choose in-person filing because the clerk can immediately route your paperwork to a judge.
Important notes:
- DVRO filings are free
- CHRO filings may require a fee unless violence or threats are alleged
- You can request a Temporary Restraining Order the same day
A judge typically reviews TRO requests within hours.
Step 5: Pick Up Your Temporary Restraining Order (If Granted)
If the judge decides to grant your TRO, you’ll get a signed copy. It goes into effect after it is served against the other person. If the judge decides not to grant your request for a TRO, you’ll still move forward with a full hearing on another date.
Step 6: Serve the Other Party
San Francisco requires personal service on the other party. You cannot serve the papers yourself. You may use:
- The San Francisco Sheriff’s Office
- A professional process server
- Any adult over 18 who is not involved in the case
You must serve:
- The TRO (if granted)
- Your filed forms
- The Notice of Hearing
The server must complete a Proof of Service, which you must file with the court.
Step 7: Prepare for Your Court Hearing
Your hearing will typically occur within 21–25 days. To prepare:
- Organize evidence
- Bring witnesses if they have firsthand knowledge
- Prepare a clear timeline of events
- Arrive early and dress respectfully
Step 8: Attend the Hearing
At the hearing:
- You and the other party may testify
- The judge may ask questions
- Both sides may present evidence
Step 9: After the Order Is Granted
Once you have a long-term restraining order:
- Keep a copy with you
- Provide copies to schools, employers, or childcare providers
- Call 911 if the restrained person violates the order
- Renew the order before it expires if needed
San Francisco law enforcement takes violations seriously, and the order is enforceable statewide.
Seek a Restraining Order Correctly with the Help of a San Francisco Attorney
Filing for a restraining order may seem like a lot of confusing steps, but we are here to help you. You’re already going through so much, so let us help with the burden of the legal process.
Our team at Weed Law Group, PC are ready to help with your needs. Contact us today for a consultation.