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Domestic Violence & Gun Violence Restraining Orders -

Marin County Superior Court accepts electronically filed Domestic Violence & Gun Violence Restraining Orders, pursuant to SB 538. For more information, please click here.

Domestic Violence & Restraining Orders

IF YOU ARE IN IMMEDIATE DANGER, CALL 911

OVERVIEW

Types of Restraining Orders

ELECTRONIC FILING

Marin County Superior Court accepts electronically filed Domestic Violence Restraining Orders, pursuant to SB 538.

For more information on how to file Domestic Violence & Gun Violence Restraining Orders through ePortal, please click here.

DOMESTIC VIOLENCE

You need protection from someone you had a relationship with (more than friends), like your spouse, an ex, or your child's other parent. Or you need protection from a close family member like your child, parent, grandparent, or sibling (not an aunt or uncle or cousin). Domestic violence can include physical sexual violence (unwelcome touching, fondling or forced intimacy), harassment, threats, and other types of abuse.

IF YOU ARE IN IMMEDIATE DANGER, CALL 911. During hours that the court is closed, a law enforcement officer can obtain an Emergency Protective Order which lasts from 5 to 7 days.

If you need counseling, emergency shelter, help with requesting your restraining order, or someone to accompany you to court, you may contact one of the agencies provided on this page for assistance.

To determine whether you may be at risk for a potentially dangerous domestic violence incident, use a LETHALITY RISK SELF ASSESSMENT AND SAFETY PLANNING GUIDE.(You may need this free reader Adobe Acrobat Reader to view or print the guide.)

 

You may apply to the court for an order restraining a person from all contact with you, your children, and other family members; from living in the residence; and to stay away from you, your home, your vehicle, your place of employment, and the children's school and/or place of child care.

NO CHARGE FOR DOMESTIC VIOLENCE RESTRAINING ORDER FORMS.

For additional information about domestic violence orders, please click here.

For help filling out the forms, please contact:

To apply for a temporary restraining order, please complete the forms available from the links above.  Self-Represented litigants may submit their documents to the clerk's office in room 113 before 10:30 a.m, through ePortal or through eFiling Monday through Friday before 10:30 a.m.  Represented parties shall submit through eFiling Monday through Friday before 10:30 a.m. You must pick up these forms at the clerk's office at 3:00 p.m if you filed in person.  If you submit through ePortal your documents will be available there at 3:00 p.m.  Attorneys submitting through eFiling may access through ePortal at 3:00 p.m. The clerk will set a date for the hearing. If the judge grants temporary orders pending the hearing, they will take effect immediately but will not be enforceable until served on the restrained person.  If the 10:30 a.m. deadline is missed, you can still turn in the completed forms which will be reviewed by the court on the next business day.

In all cases, temporary restraining order forms must be accompanied by a declaration describing in detail the incidents of abuse which support your application for a restraining order. Your request will be reviewed by a judicial officer and then, if the temporary restraining order is granted, it will be filed with the court. A person over the age of 18 must serve the papers on the other party. The Sheriff's Office will attempt to serve the papers for domestic violence restraining orders free of charge. The Sheriff's Office is located at 1600 Los Gamos Drive, Suite 200, San Rafael 94903. You will need to provide the Form SER-001 to the sheriff in addition to the forms you provided to the Court.

There are other types of restraining orders that do not involve domestic violence. These include:

  • Civil Harassment Restraining Orders: These orders protect individuals from a person harassing them who is not a family member and who they have not had a dating relationship with. There may be filing fees for civil harassment restraining orders unless the person seeking the restraining order qualifies for a fee waiver because of low income or in the event that violence is alleged. Judicial Council forms for Civil Harassment Restraining Orders.
  • Elder or Dependent Adult Abuse Restraining Orders: These orders apply to individuals who fall under the definition of elderly or dependent adults and are seeking protection from abuse. THERE IS NO CHARGE FOR THESE RESTRAINING ORDERS. Judicial Council forms for Elder Abuse Restraining Orders.
  • Workplace Violence Restraining Orders: These orders are filed by the business owner or manager of the business to protect the employees or individuals who work for a business where there has been violence or threats of violence. There may be filing fees for workplace violence restraining orders unless the person seeking the restraining order qualifies for a fee waiver because of low income or in the event that violence is alleged. Judicial Council forms for Workplace Violence Restraining Orders. To apply for a restraining order, please complete the forms, available from the links above, and file them at the Civil Clerk's Office in Room 113.
  • Private Postsecondary School Violence Restraining Orders: This type of order must be requested by a chief administrative officer of the institution that the student attends or is applying to when there are credible threats of violence against the student. The chief administrative officer is the principal, president or highest-ranking official of the private postsecondary educational institution and is normally represented by the institution’s official lawyer. Judicial Council forms for School Violence Restraining Orders.
  • Gun Violence Restraining Orders prohibit a person subject to this restraining order from having in his or her custody or control, own or possess, or receive any firearms or ammunition while the order is in effect. The petitioner must convince the judge that the person to be restrained poses a significant danger in the near future of causing personal injury to himself/herself, or another person by having in his/her custody or control, owning, purchasing, or receiving a firearm. The petitioner also must convince the judge the restraining order is needed to prevent personal injury to the person to be restrained or to another person because less restrictive alternatives either have been tried and haven't worked or are inadequate or inappropriate for the current circumstances. Judicial Council forms for Gun Violence Restraining Orders.

To apply for a restraining order, please complete the forms, available from the links above, and file them at the Civil Clerk's Office in Room 113.

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