What this form actually does
DV-100 is filed by the person seeking protection (the petitioner) against someone they have a qualifying relationship with — a current or former spouse, partner, co-parent, or certain close relatives. Filing it opens a civil case under the Domestic Violence Prevention Act, separate from any criminal case, and can result in a same-day emergency Temporary Restraining Order (TRO) followed by a court hearing, typically within about three weeks, where a judge decides whether to issue a longer-term order.
Before you file
- Confirm the relationship qualifies. This form is for people you've dated, married, had a child with, or certain close relatives, including in-laws. A different form (a civil harassment restraining order) covers people outside these relationship categories, like neighbors or coworkers.
- Decide if you need related forms. If you have children with the other party and want custody or visitation orders as part of the restraining order, you'll also need DV-105. If your address needs to stay confidential, ask the clerk or self-help center about privacy options before filing.
- Write out the incidents before you sit down to fill out the form. Specific, detailed, factual descriptions of what happened — dates, what was said or done — carry far more weight than general statements.
Filling it out, section by section
- Your information and the other party's information. Full legal names, and your relationship to the person you're seeking protection from.
- Description of abuse. Describe the most recent incident and the history of abuse in your own words — specific dates, actions, and statements matter more than characterizations. Use the optional DV-101 attachment if you need more space.
- Orders requested. Check the specific protections you're asking for — no-contact, stay-away distance, move-out orders, firearm surrender, and others.
- Related requests. If applicable, check boxes for child custody/visitation (paired with DV-105) or support (paired with FL-150).
- File with the court. Filing is free — there is no fee for domestic violence restraining order requests in California. The clerk will help route your paperwork for same-day judicial review of the emergency request.
After you file
If the judge grants a Temporary Restraining Order, it's effective immediately but must be personally served on the other party before the scheduled hearing, along with the Notice of Hearing (DV-109) and the TRO itself (DV-110). You cannot serve the papers yourself — a sheriff, process server, or other eligible adult must do it. Keep certified copies with you and bring proof of service to your hearing date.
Common mistakes
- Being vague in the description of abuse instead of specific about dates and actions — courts rely heavily on the detail provided here for the temporary order.
- Not requesting child custody/visitation orders (via DV-105) when children are involved, leaving that issue unresolved.
- Assuming self-service on the other party is allowed — it isn't.
- Missing the scheduled hearing, which can cause the temporary order to expire without a longer-term order in place.