1. Determine Which Type of Restraining Order You Need
In San Diego, there are four main types of orders:
- Domestic Violence Restraining Order (DVRO): For someone you’ve lived or had a close relationship with (spouse, partner, family, roommate)
- Civil Harassment Restraining Order (CHO): For harassment or stalking by neighbors, co‑workers, strangers, or roommates not in a domestic relationship
- Elder or Dependent Adult Abuse Order: For abuse affecting seniors (65+) or dependent adults
- Gun Violence or Workplace Violence Orders: For threats involving firearms or workplace situations
2. Gather Evidence and Complete Court Forms
- For DVROs, evidence is evaluated on a “preponderance of evidence” standard (51% likelihood). For civil harassment, the standard is higher—to “clear and convincing” evidence
- Typical documentation: police reports, photos of injuries or property damage, written or electronic communications, third‑party witness declarations, and detailed incident descriptions
- Download and fill out the correct forms online or from a San Diego Superior Court location
3. File the Temporary Restraining Order Request
- Bring your completed paperwork to the court’s Civil Business Office or Family Court (depending on the type) before 3:30 p.m. to maximize your chances of same‑day consideration
- If approved, the judge will issue a Temporary Restraining Order (TRO)—usually valid until the hearing date, typically within 15–22 days
4. Serve the Respondent
- The TRO and hearing notice must be personally served on the respondent at least 5 days before the hearing
- The San Diego Sheriff’s Department can serve the papers for free—or you can have any adult (18+) not involved in the case deliver them
5. Attend the Final Hearing for a Permanent Order
- At your hearing, both sides may submit written declarations and oral testimony. Witnesses can be cross‑examined per recent California law requirements
- If granted, the Permanent Restraining Order can last months or years—DVROs up to 5 years, civil harassment orders often up to 3 years
- Courts may also order related protections such as child custody, support, relocation of the respondent, or firearm surrender
6. Get Help—Free Clinics and Resources
If you’re self‑representing, San Diego offers these resources to assist with form preparation and procedural guidance
Summary Checklist
| Step | Action |
|---|---|
| 1. | Identify appropriate restraining order type |
| 2. | Gather documentation and complete forms |
| 3. | File your TRO request before cutoff time |
| 4. | Serve papers on respondent at least 5 days prior |
| 5. | Attend final hearing to seek permanent order |
| 6. | Seek assistance via clinics or qualified attorneys |
Why Choose Restraining Orders Lawyers?
Securing a restraining order can be legally and emotionally intense. Expert guidance ensures:
- Paperwork is accurate and complete
- Evidence is organized and strongly presented
- Hearings are strategically prepared to maximize your protection
Ready To Protect Yourself?
At Restraining Orders Lawyers, we offer:
- Free initial consultations
- Full document preparation and filing services
- Representation at your hearing for permanent orders
Take the first step toward safety—Contact us now for your free case review! You don’t have to navigate this process alone.
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