Domestic Violence Restraining Orders in San Diego County, California

If you are being abused or threatened by a spouse, partner, someone you dated, a co-parent, or a close family member, a domestic violence restraining order can help protect you. If you are in immediate danger, call 911. For free and confidential support at any hour, reach the National Domestic Violence Hotline at 1-800-799-7233.

In San Diego County, you request a domestic violence restraining order through the Superior Court of California, County of San Diego. The county reaches from the coast to the desert and includes San Diego, Chula Vista, Oceanside, Escondido, Carlsbad, and many other communities, with family courthouses in more than one region. The forms and process are the same statewide wherever your case is heard.

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. San Diego 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 San Diego 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 San Diego County

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

Find the San Diego County Superior Court (official California Courts finder)

Local notes for San Diego County

San Diego County hears family law matters at more than one courthouse, so confirm the correct location for your case using the official California Courts court finder before filing. Ask about the family law self-help center and local domestic violence agencies at that courthouse, since they can help you prepare Form DV-100 and plan for your safety.

If you need protection right away, ask the clerk about same-day temporary orders. A judge can review your request and issue a temporary restraining order that lasts until the hearing, which is usually within about three weeks. The other person must be served before the hearing and may respond using Form DV-120.

A San Diego County domestic violence restraining order can include more than a stay-away order. It can set temporary child custody and visitation, order child or spousal support, require the other person to move out, and require them to surrender firearms. If the person is a neighbor, coworker, or stranger, a civil harassment restraining order may apply instead.

San Diego County Restraining Order FAQs