How to get a domestic violence restraining order and what it means for your immigration case

What happened to you is not your fault. You have the right to ask a court for protection in California, and your immigration status does not take that right away.

This page is for people asking for protection. If someone filed a restraining order against you, or you were charged with a crime, read Can a domestic violence charge or restraining order lead to deportation? instead. This page is general information, not legal advice. Do Not Lose Hope is not a hotline, a court or a law office.

What if I am in danger right now?

Call 911. Use it any time you need police, fire or an ambulance right away.

If you are afraid but not in danger this minute, a 24 hour domestic violence line can help you plan for safety and for court. See Where survivors of abuse can get free help in California.

What is a domestic violence restraining order?

It is a court order that protects you from someone who has abused you. In California you can ask for one against:

• A spouse or domestic partner, now or in the past
• Someone you date or dated
• A close family member: your child, parent, brother or sister, or grandparent, including in laws

Abuse does not have to be physical. The courts list emotional, verbal and online abuse, controlling your money or basic needs, and cutting you off from friends and family. Someone who is not close to you, like a neighbor or landlord, needs a different kind of order. The California Courts Self Help site explains the other kinds.

What can the order do for me?

A judge can order the other person to:

• Not contact you, and not harass, stalk, threaten or hurt you or the people you protect
• Stay a set distance away from you
• Move out of a home you share
• Give up guns, ammunition and body armor
• Pay child support or spousal support

The judge can also make child custody and visitation orders if you have children together, and can protect your pets.

How do I ask for one?

It is free. There is no court fee and you do not need a lawyer. Plan on one to several hours to fill out the forms. A court self help center or a domestic violence agency can sit with you while you do it.

1. Fill out the forms. The main ones are:
   • DV-100, your request. This is where you tell the judge what happened. Start with the most recent abuse, even if it was not the worst. Then describe the worst. Say what happened, when, how often and what was said. If you do not know an exact date, give your best guess and say it is a guess. Attach texts, emails or photos if you have them.
   • CLETS-001, information about the other person for police. The other person does not get a copy.
   • DV-109 (your court date) and DV-110 (the temporary order). You fill in only the top items. The court does the rest.
   • If you have children together, add DV-105 for custody and visitation. For support, add FL-150 with proof of income from the last two months.
2. File them. Bring the original and 2 copies to the courthouse in your county that takes restraining orders, or e-file if your court allows it. Some courts have a drop box, but it can be slower. If you need protection now, use the clerk or e-file.
3. Get the judge's decision on a temporary order. A judge usually decides the same day you file or by the next business day. The whole case takes a few weeks to a few months, longer if children or property are involved. If the judge signs DV-110, you have a temporary order that lasts until your court date. Keep a copy with you and take a photo of every page.
4. Have the other person served. See the next section.
5. Go to your hearing. The judge decides whether to give you a longer order.

Some counties need extra local forms. Ask your self help center or the clerk.

How is the other person served?

Someone must hand the papers to the person you want protection from. You cannot do it yourself.

• The sheriff will serve them for free. Fill out form SER-001 and give the sheriff an address or place where the person can be found.
• Or an adult over 18 who is not part of your case can serve them, or a paid process server.
• Serve the filed DV-100, DV-109 and DV-110, plus blank forms DV-120, DV-120-INFO and DV-250, and any custody or support forms. Page 2 of DV-109 lists what else is needed.
• Check item 6 on DV-109 for how many days before the hearing the papers must be served. Call the sheriff early. Tries can take a couple of weeks.
• Once the person is served, police can arrest them for breaking the temporary order.

If the papers cannot be served in time, you can ask the court for a new date. If the person is hiding from service, you can ask the judge for another way to serve after at least 3 tries in person.

What happens at the hearing?

The hearing is usually within 21 days of when the judge decides on the temporary order, or 25 days if the court finds good reason. You explain why you need the order. You can bring witnesses and evidence, and so can the other side.

• Bring a copy of the proof of service, your copies of the forms, your evidence such as photos and texts, and any witnesses.
• You can ask to appear remotely. California law lets a party, a support person or a witness appear remotely at a domestic violence restraining order hearing. Each court posts its own rules for this online.
• You need an interpreter? The California courts say court interpreters are provided free of charge. Ask the clerk as soon as you file. You can use form INT-300, Request for an Interpreter (Civil), or your court's own form if it has one. Fill out the English version in English.
• If the judge did not grant a temporary order, you can still ask for an order at the hearing. Finish every step, including service.
• If you do not go, your temporary order ends at the court date.

A long term order can last up to 5 years. The courts explain how to change, end or renew an order.

Will a restraining order hurt my immigration case?

We found nothing in federal deportation law that makes asking for protection a reason for deportation. We read that law, 8 U.S.C. 1227, again on October 21, 2026. The rule about protection orders is aimed at the person the order is against: someone who is "enjoined under a protection order" and whom a court finds broke the part that protects against "credible threats of violence, repeated harassment, or bodily injury." Being the person protected is not on that list. An immigration lawyer is reviewing this summary.

There are still real things to plan for:

• If the other person files against you. The person you file against may file their own request. If a judge makes an order against you and you are later found to break it, that can matter for immigration. Federal law has a waiver for survivors who were battered or subjected to extreme cruelty and were not the primary perpetrator, for example if you acted in self defense (8 U.S.C. 1227(a)(7)). Talk with an immigration lawyer right away. Read Can a domestic violence charge or restraining order lead to deportation?
• What you write. Your papers can be seen by others, including the person you are filing against. Ask a lawyer or accredited representative how to describe any threats about your status.
• Going to the courthouse. California law says a person going to court or having legal business at a courthouse may not be put under civil arrest there, except with a valid judicial warrant. We cannot promise that every federal officer will follow it. If you are worried, ask an advocate about appearing remotely.

Can a restraining order help my immigration case?

It can. It is not an immigration status by itself, but the court record can be strong evidence.

• VAWA self petition. If you were abused by a U.S. citizen or permanent resident spouse or parent, or an adult U.S. citizen child, you may be able to apply on your own. Federal rules say people who got a protection order against the abuser are strongly encouraged to send copies of those court papers. See Documents to gather for a VAWA self petition and Can I get a green card if my spouse or parent abuses me?
• U visa. Domestic violence is one of the crimes that can qualify. Federal rules list a state judge as someone who can sign the certification form. See What is a U visa and could I qualify? and How to get a U visa certification signed in California.

Get an immigration lawyer or a DOJ accredited representative to review your case before you apply for anything. Every case is different, and some people should not apply at all. Start with Free legal help in the Bay Area and Immigration options if you survived violence, abuse or trafficking.

Will my abuser be able to use immigration against me?

Federal law gives survivors some protection. In most cases, immigration officials may not make a decision against you using only information that came from the person who abused you. Once you apply for VAWA, a U visa or a T visa, officials also may not share information about your case, with limited exceptions. That protection lasts until your case is denied and all appeals are done.

These protections do not stop an abuser from calling immigration. They limit what officials can do with that call. Read Will immigration share my abuse case with my abuser? for more.

What if the police already came?

If the abuser was arrested, a criminal court may give its own protective order. You can still ask for a domestic violence restraining order. The criminal order ends if the criminal case is dismissed, and it may not cover child custody or protect your family members. A restraining order from family court can.

To report a crime without fear, read Can I report a crime without being reported to ICE?

What mistakes should I avoid?

• Serving the papers yourself. It does not count, and it can put you in danger.
• Skipping the hearing. Your temporary order ends at your court date.
• Leaving the order at home. Carry a copy or a photo of every page.
• Contacting the other person yourself. Even if they ask. Talk to your advocate first.
• Paying a "notario" or helper for immigration advice. Only a lawyer or a DOJ accredited representative should advise you. See Warning signs of an immigration scam.

Who can help near me?

These are free court help centers and local agencies. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• San Mateo County court Self Help Center: free help. Use LiveChat on its page before you go to 400 County Center, 6th Floor, Redwood City. For domestic violence orders, the court refers people to the Bay Area Legal Aid clinic at (650) 358-0745.
• Santa Clara County court Restraining Order Help Center: at the Family Justice Center Courthouse in San Jose. Talking with staff is free. Call (408) 534-5600 and choose the Restraining Order Help Center, or walk in. The court suggests you bring someone to interpret if English is hard for you. Restraining Order Help Center
• CORA, San Mateo County: 24 hour hotline 800-300-1080. Crisis support, shelter and legal information. corasupport.org
• Next Door Solutions, Santa Clara County: 24/7 hotline 408-279-2962. Free, with restraining order support and court preparation. nextdoorsolutions.org
• YWCA Golden Gate Silicon Valley: 24/7 bilingual line 800-572-2782. Free help with restraining orders and court support. yourywca.org
• Immigration questions: Free legal help in the Bay Area and How to find a lawyer you can trust.

Questions people ask

Will the judge ask about my immigration status? The court's step by step guide does not list immigration status as something you need to ask for an order. If you are asked something that worries you, you can say you want to talk to a lawyer first.

I am under 18. Can I ask for one? Yes. If you are 12 or older, you can ask without a parent's permission. A judge may ask a trusted adult to help. Teens can also call loveisrespect at 1-866-331-9474 or text LOVEIS to 22522.

Can I drop the case later? If the judge did not give you a temporary order and you no longer want one, you do not have to go to the hearing, and you can cancel it. In other cases, ask the self help center how to end or change your case.

Does a restraining order give me papers? No. But it can be evidence for VAWA or a U visa. Ask a lawyer or accredited representative.

Is there a checklist I can print?

You took a brave step just by reading this. The courts, the advocates and the law are on the side of your safety. One step at a time, and you do not have to take them alone.