Building a Solid Case
A restraining order (also sometimes called a protective order) is a court order that aims to protect a person from harm, harassment, intimidation, or abuse by another person. In California, there are different types of restraining orders depending on the relationship between the parties and the nature of the harm.
Because San Diego is located in California, the statewide legal standards apply, but there are local procedural rules and practices in San Diego restraining order cases that a petitioner (the person seeking protection) must understand.
A key question is: what proof is required to persuade a court to issue a restraining order? The answer depends on which stage of the process you’re in (temporary vs final) and what type of restraining order you’re seeking.
Legal Criteria
Before we get into proof, it’s helpful to understand which kind of order you might request, because the burden (standard) of proof varies.
| Temporary Restraining Order (TRO) | Short-term protection, usually before the full hearing | Low threshold (“reasonable proof” or “some evidence”) |
| Permanent (or Long-Term) Domestic Violence Restraining Order | Where parties have a qualifying relationship (spouses, partners, cohabitants, family, etc.) | Preponderance of the evidence — more likely than not |
| Permanent Civil Harassment Restraining Order | Where harassment is from someone with no qualifying domestic relationship (neighbor, acquaintance, stranger) | Clear and convincing evidence (a higher standard than preponderance) |
- At the temporary stage, courts grant orders quickly and without the opposing party present, so the proof requirement is modest.
- At the final hearing, the judge examines the evidence, hears testimony and applies the higher standard (preponderance in domestic cases, clear and convincing in civil harassment cases).
Thus, when preparing your case for a full hearing, you should gather as much corroborating evidence as possible to meet that burden.
The Key Evidence You Should Gather
Below is a non-exhaustive, but practical, list of evidence that courts in California and San Diego often expect or that help strengthen a petition for a restraining order San Diego.
1. Sworn Declarations / Written Statements
- Your own written declaration under penalty of perjury (often part of the court forms) describing in detail what has happened: dates, times, places, what was done, how you felt, and why you fear future harm.
- Additional declarations by third parties who witnessed incidents. Witness statements bolster credibility.
2. Police Reports / Incident Reports / 911 Records
- Copies of police reports or incident reports where you called law enforcement regarding the abusive or threatening conduct.
- Records of 911 calls or dispatch records may show history or corroboration.
3. Digital Communications
- Text messages, emails, direct messages, chat logs that contain threats, harassment, or show pattern of contact.
- Voicemails or audio recordings (depending on legality) of threatening or harassing calls.
- Screenshots of social media posts or messages.
4. Photographs / Video Evidence
- Photographs of physical injuries, bruises, cuts, damaged property, torn clothing, etc.
- Videos showing incidents of abuse or harassment, if available.
5. Medical Records and Reports
- Records from hospitals, clinics, doctors, showing treatment for injuries you sustained (e.g., X-rays, doctors’ notes).
- Photographs taken in the medical setting, or medical impressions.
6. Evidence of Pattern / Prior Incidents
- Documentation of prior abusive, harassing, or threatening behavior (even if not recent) to show a pattern.
- Criminal history records of the respondent, if relevant (e.g. prior convictions for violence or stalking).
- Records of any restraining orders previously filed or granted.
7. Other Supporting Documents
- Any relevant text or email chains, calendars or logs of incidents, notes you made right after an incident.
- Any threat letters, notes, postcards, or damaged property with inscriptions.
- Proof of financial or property abuse, if applicable (for elder/dependent adult abuse cases).
- Liaison with social services, counseling records, or restraining order clinics
Specific Considerations
When you are seeking a restraining order in San Diego (or San Diego County), here are some special local/practical points and procedural nuances:
- Access to Self-Help & Clinics
San Diego has walk-in restraining order clinics that assist people in completing forms and understanding process. - Types Filed & Local Courts
You may file a Domestic Violence Restraining Order in the San Diego family court if you have a qualifying relationship. If the threat comes from someone outside that relationship (neighbor, stranger, etc.), you’d file a Civil Harassment Restraining Order through the civil court system in San Diego. - Timely Submission of Evidence in San Diego
In civil harassment cases, San Diego’s courts require that all evidence to be reviewed by the judge be submitted at least two court days before the hearing. Also, evidence must be served on all parties (the petitioner must provide copies to the respondent) so the other side has the opportunity to respond. - Service (Proof of Service)
After a court issues a Temporary Restraining Order (TRO), you must have the respondent properly served (delivered) with copies of the court paperwork (notice of hearing, TRO, etc.). The person serving must complete a Proof of Personal Service form (e.g. form CH-200 in civil harassment cases) confirming when, where, and how the papers were delivered. In San Diego, the sheriff’s office is often used to serve family law restraining orders at no charge. - Emergency & Temporary Orders in San Diego
A Temporary Restraining Order (TRO or EPO) in San Diego can be granted by the court on short notice, sometimes the same day the application is filed. The San Diego Police Department webpage notes that TROs are available for domestic violence, civil harassment, elder abuse, etc. - Hearing & Presentation in Court
On the hearing date in San Diego, both parties may present sworn testimony, cross-examine witnesses and present documentary evidence. The petitioner should bring three copies of each piece of evidence (one for self, one for judge, one for opposing party) at the hearing. Plan and rehearse what you will tell the judge, focusing on facts — when, where, how, who, and why you believe you need protection.
Key Tips: Must Do & What Helps
Must Do: Minimal Proof to Start
To get a TRO or initial restraining order, you don’t need to present full, ironclad proof. You must provide reasonable proof via your declaration and any immediate supporting materials that you have. The judge may grant a temporary order based on that alone, to protect you while you prepare for the full hearing.
What You Should Build for the Hearing
To make your case stronger at the full hearing, you need to compile as much corroborating evidence as possible:
- Police or incident reports
- Witness statements
- Digital communications (texts, emails, etc.)
- Photographs, videos
- Medical records
- Prior pattern evidence
- Proper service and procedural compliance
Be Procedurally Sound
- Submit your evidence early (in San Diego at least two court days before in civil harassment cases) so the judge can review it.
- Serve the opposing party with all documents and evidence you submit.
- Make multiple copies (for each side and for the court).
- Bring witnesses to testify if possible.
- Be prepared to present your case clearly, focusing on the factual timeline and your fear of harm.
Strategic Considerations
- Even if you feel you lack evidence, apply as soon as possible — safety is paramount.
- Use local resources: San Diego has restraining order help centers and clinics
- Consult a lawyer if possible — legal counsel can help you present evidence appropriately and address challenges.
- Document everything from the moment you decide you need protection — keep a journal, save all communications, and preserve evidence.