Domestic Violence Restraining Orders in Monterey County, California

If a spouse, partner, someone you dated, a co-parent, or a close family member is hurting or threatening you, a domestic violence restraining order can help keep you safe. If you are in immediate danger, call 911. For free, confidential help at any time, reach the National Domestic Violence Hotline at 1-800-799-7233.

In Monterey County, a county along California's Central Coast, you request a domestic violence restraining order through the Superior Court of California, County of Monterey, based in the county seat of Salinas. The same statewide process applies whether you live in Salinas, Seaside, and Monterey or elsewhere in the county.

California uses the same forms in every county, and there is no fee to file for a domestic violence restraining order. A judge can grant a temporary order quickly, often the same day or the next court day, and it lasts until your hearing. After the hearing, a longer order can last up to five years.

You do not need a lawyer to ask for protection. Monterey County has domestic violence advocates and court self-help resources that can help you complete the forms at no cost, and this page explains the steps.

How a domestic violence restraining order works in California

A domestic violence restraining order is for protection from someone you have a close relationship with, such as a spouse or former spouse, a partner you live with or used to live with, someone you dated, a co-parent, or a close family member. If the other person is a neighbor, coworker, or stranger, a different order called a civil harassment restraining order may apply instead. California uses the same statewide forms in every county, including Monterey County. The basic steps are:

1. File a Request for a Domestic Violence Restraining Order (Form DV-100), with the related forms DV-109 and DV-110, at the court. There is no filing fee.
2. A judge reviews your request, often the same day or the next court day, and can grant a temporary restraining order that lasts until your hearing.
3. The other person is served with the paperwork and can file a response (Form DV-120).
4. You attend a court hearing, usually within about three weeks.
5. If the judge grants a restraining order after the hearing, it can last up to five years and can be renewed.

A domestic violence restraining order can do more than order someone to stay away. It can set temporary child custody and visitation, order child or spousal support, require the other person to move out, and require them to turn in any firearms. Local domestic violence advocates and the court's self-help center can help you fill out the forms, often at no cost.

Where to file in Monterey County

Restraining order requests in Monterey County are filed with the Superior Court of California, County of Monterey, with the county seat in Salinas. Because courthouse locations, hours, and local domestic violence resources change over time, confirm current details using the official California Courts court finder:

Find the Monterey County Superior Court (official California Courts finder)

Local notes for Monterey County

Monterey County may direct restraining order requests to more than one courthouse, so confirm where to file using the official California Courts court finder before you go in person. Ask about the family law self-help center and local domestic violence agencies at that location, since they can help you prepare Form DV-100 and plan for your safety.

If you need immediate protection, ask about same-day temporary orders. A judge can review your Form DV-100 request and grant a temporary restraining order that lasts until your hearing, generally within about three weeks. The other person must be served beforehand and can file a response on Form DV-120.

A Monterey County domestic violence restraining order can do more than order someone to stay away. It can set temporary child custody and visitation, order child or spousal support, require the other person to move out, and require them to turn in firearms. If the person is a neighbor, coworker, or stranger, a civil harassment restraining order may be the right tool instead.

Monterey County Restraining Order FAQs