Fill out domestic violence restraining order forms
The first step in getting a domestic violence restraining order is to tell the court about the abuse you've experienced and the protection you want. You do this by filling out a set of court forms, and this usually takes one to several hours for most people.
Before you start
You will need to give details about why you need a restraining order. Writing about abuse can be upsetting or bring up a lot of emotions. You can get help from your court's free Self-Help Center or ask someone you trust to help you fill out the forms.
Fill out all required forms
1. Request for Domestic Violence Restraining Order (form DV-100)
Use this form to tell the judge:
What orders you want the judge to make
How you’ve been abused by the person you want a restraining order against
This section is important because the judge will decide whether to grant you a restraining order based on what you write in this section.Abuse can be spoken, written, or physical. And the impact can be emotional, financial, or physical. Some examples of abuse are listed in item 5 of DV-100 (see the box at the top). There are other types of abuse that are not listed in the box. You should write about any incident that you want the judge to know about.
In item 5, start with the most recent abuse first, even if it is not the worst abuse. Write down the facts of what happened. The judge needs facts to make a decision. For example, if the person has been harassing you, tell the judge what the person did to harass you, how many times they contacted you and what they said each time they contacted you.
If you have proof (like an email or a text message), you can include it with your request. If you need more space to write, you can use form MC-025.
Once you are finished writing about the most recent event, use items 6 and 7 to write about any other incident that you want the judge to know about, including the worst abuse. For each incident give as much detail as you can. If you need more space, use form MC-025 or a blank piece of paper.
What if I don't have exact dates?
If you don't remember the exact day something happened, give an estimate and write down that it is an estimate (example: Around my birthday in August 2020). To help you remember, think about whether the incident happened around a holiday or special occasion.
2. Confidential CLETS Information (form CLETS-001)
The information on this form will help police enforce your restraining order. The court will not use the information on this form and the person you want a restraining order against will not get a copy.Some information is mandatory, like the person's name and age. If you don't know exactly how old they are, give an estimate. You don't need to know their date of birth. You may not have all the other information about the restrained person. Fill in as much as you can.
3. Notice of Court Hearing (form DV-109)
The court will complete most of this form. You only need to complete numbers 1 and 2.
4. Temporary Restraining Order (form DV-110)
The court will complete most of this form. You only need to complete numbers 1, 2, and 3.
Fill out forms for specific situations
If you also want child custody, parenting time, or child support orders
If you have a child with the other side, you can ask the judge to make custody and visitation orders right now. Complete the forms below if you want to ask for orders for child custody or support.
Ask for child custody
You will need to complete at least two forms.
1. Request for Child Custody and Visitation Orders (form DV-105)
You must complete this form if you want to ask a judge to make custody and visitation orders in your case. File (turn in) this form with form DV-100.
2. Child Custody and Visitation Order (form DV-140)
On form DV-140, complete items 2 and 3, and the judge will complete the rest of this form. File (turn in) this form with form DV-110.
3. Request for Orders to Prevent Child Abduction (form DV-108) (optional)
If you believe that the other parent may take your child without your permission, you can ask the court to protect against this. To ask a judge for orders to prevent child abduction, you must complete form DV-108. File (turn in) this form with form DV-100. This form is optional because you do not have to ask for these orders if you want to ask for custody.
4. Order to Prevent Child Abduction (form DV-145) (optional)
On form DV-145, complete items 1 and 2 and the judge will complete the rest of this form. File (turn in) this form with form DV-110.This form is optional because you do not have to ask for these orders if you want to ask for custody.
Ask for child support
If you want to ask for child support, check number 24 on form DV-100.
Then fill out Income and Expense Declaration (form FL-150). This form asks how much money you earn and what your expenses are. Complete this form and attach proof of your income (like paystubs) from the past two months to the form.Child support is the amount of money a judge tells a parent to pay each month to support their child. To decide who will pay child support, a judge will look at both parents' ability to pay child support and the amount of time each parent spends with their child. Most of the time child support is paid to the parent who has the child most of the time. Learn more information about child support.
If you also want spousal support orders
If you are married to the other side or have a registered domestic partnership, you can ask the court to make the other side pay you spousal support. Spousal support is money that is paid from one spouse to another to help with living expenses. You can also ask for spousal support in a divorce or legal separation case if you file one, so this step is an optional part of your restraining order request.To ask for spousal support, make sure you check item 25 on form DV-100, and complete form FL-150. This form gives the judge an idea of what your financial situation is, like your monthly income and living expenses.
If you are also asking for child support, you only need to complete form FL-150 once.
The judge decides the amount by looking at the:
Needs of spouse with less money
Ability to pay for spouse with more money
The judge will look at how much one spouse needs to meet their expenses and whether the other spouse makes enough to meet that need. The judge could also consider domestic violence as a factor to decide the amount of spousal support.
Check to see if you have any local forms to complete
Some county courts have additional local forms they require you to use.
Contact your court's free Self-Help Center, the court clerk’s office, or check your court’s website, to see if they have any local forms you need to use.
You can find your county's Superior Court on Find My Court.
Once you’ve completed the forms and made copies, you’ll file them with the court.