Legal Info: Applying for a Family Law Restraining Order in Santa Cruz County

/

This is a general outline of the procedure for applying for a domestic violence restraining order (DVRO) or an elder abuse restraining order (EARO). This procedure is specific to Santa Cruz County and may not be the same procedure described in other California counties, states, or countries. It does not constitute legal advice.

To apply for a restraining order in Santa Cruz, at least some of the violence you experienced must have occurred in this county. If you’re not sure if your circumstances fit that requirement, please consult the Self-Help Center or a lawyer. You can find a list of legal resources on our Legal Advocacy page.

The process of applying for a DVRO or an EARO are very similar and follows four main stages:

  1. Apply (petition) for a temporary restraining order.

  2. Serve the respondent.

  3. Prepare for your hearing in court.

  4. Attend the hearing to see if the temporary restraining order will be made into a more permanent one.

Stage 1: Applying for a temporary restraining order.

A restraining order process begins by applying for a temporary restraining order (TRO). This is designed to legally protect you for a short period of time until a hearing in court can be held and both parties can present their arguments to the judge for a final decision on whether or not to grant a more permanent restraining order.

If you are the person asking the court to be protected by a restraining order, you are called the “petitioner.” The person you want to have restrained is called the “respondent.”

1. Fill out the paperwork.

For a domestic violence temporary restraining order (DVTRO), you will need the forms:

  • CLETS-001

  • DV-100

  • DV-109

  • DV-110.

For an elder abuse temporary restraining order (EATRO), you will need the forms:

  • CLETS-001

  • EA-100

  • EA-109

  • EA-110

Additional forms may apply if minor children, finances, property, or other matters are involved. Make sure to read directions on the forms carefully or seek consult. Unfortunately, California law does require all legal forms to be filed in English.

Where to get a copy of the paperwork:

2. Submit your completed packet of paperwork to one of the county court clerk offices.

  • Santa Cruz: 701 Ocean St., Room 110 (across from the Traffic counter)

  • Watsonville: 1 Second Street, Room 300 (third floor at the windows in front of the elevators)

It does not matter which court clerk office you use.

3. Ask the clerk when you can return to pick up your paperwork with the judge’s decision.

You will typically be able to pick up your paperwork and see what the judge decided within 24 business hours of submitting your petition.

4. Pick up your paperwork.

When you pick up your paperwork, you will see that the judge will have made one of three decisions on the DV-110 or EA-110 form:

  1. The judge granted everything that you requested.

  2. The judge granted some things you requested and denied others.

  3. The judge did not grant anything you requested.

No matter which decision the judge made, you will also receive a date for your hearing. This is true even if the judge denied your petition.

Please note that your temporary restraining order is not active and enforceable until it has been served to the respondent.

Stage 2: Serving the respondent.

Service: the formal delivery of legal documents to give the opposing party notice of the suit against them.

When you pick up your paperwork from a county court clerk’s office, you will be able to read the judge’s decision. Judges often write down some comments explaining why they did or did not grant one of your requests. On the DV-110 or EA-110 form, you will also see the date that you are expected to appear in court. It will be within 21 days of you turning in your petition. It will almost always be at 8:30am on a Thursday in the Watsonville courthouse. This packet of paperwork is called the temporary restraining order (TRO).

You must now provide a copy of your petition paperwork and the judge’s orders to the respondent, even if the judge did not grant anything you requested. However, you cannot be the person to serve the papers. You must choose someone who fits one of the following categories:

  1. A county sheriff (free)

  2. A third-party process server (a paid service)

  3. Any person over 18 who is not also protected by the TRO (this includes friends, family, coworkers, etc)

When you decide which person will serve the papers, you must:

1. Give your paperwork to the server.

  • A copy of your TRO packet, which you picked up from the court clerk’s office

  • A blank copy of either the DV-120 or EA-120 form

2. The server finds the other party and gives them the paperwork in person.

_______________

Ideas for finding a respondent to provide service:

  • The respondent’s residence, dorm, or workplace

  • A place that the respondent visits on a reliable basis such as a support group, the gym, or at a class

  • A place where you know a respondent is scheduled to appear, such as an arraignment at the courthouse or a doctor’s appointment

Having trouble finding the respondent to complete service?

  • Contact an advocate to try brainstorming new strategies

  • Contact the Self-Help Center to hear about alternatives when a respondent is actively avoiding service.

_______________

  • This must happen at least 5 business days before the hearing date

  • You cannot be within 100 yards of the service being done

  • The person who is doing service fills out a Proof of Service (DV-200 or EA-200) form and signs it

Once the paperwork has come into physical contact with the respondent, service is complete and your TRO is now active and enforceable. This is true even if the respondent immediately drops the paperwork, throws it away, or refuses to read it.

3. File a Proof of Service form before your hearing date.

Either you or the server must return the completed Proof of Service to the court clerk at least 2 business days before the hearing. If you’re unable to do so, bring the completed Proof of Service form with you on the morning of your hearing and turn it in to the court clerk’s window before 8:30am, if possible.

If the sheriff is the one who completed service, you should call the sheriff’s civil division office to verify whether or not Proof of Service has been filed.

If you change your mind about wanting a restraining order, for any reason, we do not recommend just letting it expire or not showing up to your hearing because this can sometimes backfire on you in future legal cases. You can file a request with the court to have your case dismissed or you can appear in court and ask the judge to do so. This shows the court that you are respecting the court’s time and the court will dismiss your case “without prejudice,” which means that you would be allowed to file a request for a temporary restraining order again later on if you wanted to.

Stage 3: Prepare for your hearing in court.

It’s often helpful to speak with an advocate regarding your personal circumstances, but here are some general subjects to consider:

Logistics

  • Do you know where the Watsonville courthouse is located and how to get there?

  • Do you want to visit the courthouse before your hearing to see where security, elevators, bathrooms, and other things are located?

  • Do you need to arrange childcare?

  • Would you like to attend the restraining order courtroom on a Thursday before your own hearing? The courtrooms are open and you are allowed to sit in and observe what hearings look like and what the judge is like.

Materials

  • A copy of your temporary restraining order

  • A notebook and pen for taking notes

  • Any phones or devices which have the original versions of evidence, e.g. voicemails, text messages

  • Any additional evidence you’d like to share with the judge

For details on what can be used as evidence and how to submit it, please contact the Self-Help Center or consult a lawyer.

Mental & Emotional Safety-planning

  • Try having all of your materials packed up the night before your hearing

  • Consider setting out or planning what clothes you want to wear

  • Common coping strategies for staying calm during a hearing: deep breathing, grounding exercises, having a silent fidget like a stress ball in your pocket that you can squeeze

  • Would you like a loved one or an advocate to sit silently with you at the table during your hearing?

  • What will you do after your hearing is over? (Meet a friend at a cafe, go for a run, spend time with your pet, call Walnut Avenue’s helpline…)

You may make an appointment to meet with an advocate or contact our 24-hour helpline anytime to receive assistance in preparing yourself for your hearing.

Stage 4: Attend your hearing.

Walnut Avenue’s legal advocates can be found on Thursday mornings in the Watsonville courthouse, in the hallway outside of the courtroom departments, wearing purple lanyards with ID cards. You are more than welcome to introduce yourself to one of them and ask for support or information. Our advocates will also be sitting in the courtroom and available to provide support as requested.

What to Expect

The courtroom opens at 8:30am. You may sit anywhere you like on the long, wooden benches of the gallery. You are not allowed to eat, drink, or use a device while in the courtroom, but you may step out into the hallway at any time. If you step out, you may want to let an advocate or the courtroom bailiff know so that if your name is called while you’re outside, the judge knows that you’re present.

There are four possible outcomes of your hearing:

  1. The judge orders a continuance.

  2. The judge grants you a restraining order with exactly what was granted on your temporary restraining order (called the “original order”).

  3. The judge grants you a restraining order with terms that are different from your temporary restraining order (called the “amended order”).

  4. The judge denies your petition and no restraining order is granted.

A restraining order that’s been granted will typically be for 1, 3, or 5 years. In the future, you may file for a request to extend your restraining order before it expires.

Continuances

A “continuance” means that the judge will reschedule your hearing for another date, usually within 21 days unless there are extenuating circumstances. A continuance is usually ordered if:

  • You have not served the respondent and filed a Proof of Service.

  • The respondent asks for a continuance, although a respondent can usually only ask for it once.

When a continuance is granted, your temporary restraining order will get a new expiration date to replace the original one. Whatever was granted on your TRO will continue to be active and enforceable.