Step-by-Step: How to Get a Restraining Order in San Jose (2025)

Introduction

If you live in San José or Santa Clara County and you’re facing domestic violence, stalking, harassment, or threats, you can seek legal protection through a Restraining Order — commonly a Domestic Violence Restraining Order (DVRO) or Civil Harassment Restraining Order (CHO). This guide walks you through the process in San José: which form to use, where to file, what to bring, how service works, what to expect at hearings, and local resources.

1) Know the Types of Restraining / Protective Orders in Santa Clara County

• DVRO (Domestic Violence Restraining Order): For abuse or threats by a spouse, partner, co-resident, intimate relationship, or family member.

• CHO (Civil Harassment Restraining Order): For harassment, stalking, threats from someone with whom you do not have a close personal relationship (neighbor, coworker, acquaintance). San José courts accept CHO petitions. (San Joaquin Superior Court)

• Elder / Dependent Adult Abuse Orders (if age 65+ or dependent adult) may also apply under special statutes. (San Joaquin Superior Court)

• Gun Violence Restraining Order (GVRO): San José / SJPD implements laws that allow you to ask the court to restrict firearm access if you face threats involving guns. (San Jose Police Department)

2) Get and Fill Out the Required Forms

• For DVRO: DV-100 (Request), DV-109 (Notice of Hearing), DV-110 (Temporary Restraining Order), plus CLETS-001 (law enforcement version).

• For CHO: CH-100, CH-109, CH-110, CLETS-001. (San Joaquin Superior Court)

• In Santa Clara County, the Superior Court provides a Restraining Order Help Center (ROHC) where staff can assist you with selecting and filling correct forms. (Santa Clara Superior Court)

• The ROHC offers “Complete Forms at Home” web interview to help guide form completion online. (Santa Clara Superior Court)

Tips:

• Be specific: include dates, times, locations, names of witnesses, what was said or done, threats, injuries, prior incidents.

• For DVROs, show your relationship (cohabitation, marriage, child with respondent, etc.).

• If firearms are involved, fill out relevant declarations or request gun restrictions.

3) Where to File in San José / Santa Clara County

• Santa Clara County Superior Court – Restraining Order Help Center (Family Justice Center Courthouse) is your first stop. (Santa Clara Superior Court)

• The Self-Help / Self-Help Restraining Orders page provides step-by-step local instructions. (Santa Clara Superior Court)

• After forms are accepted, the clerk will forward your petition to a judge for review and possible issuance of a temporary order. (Santa Clara Superior Court)

• The Santa Clara County Sheriff’s Office – Civil Services handles service of restraining orders. (Santa Clara County Sheriff)

4) Ask for a Temporary Order (TRO / Ex Parte)

• When filing, request a Temporary Order / Ex Parte Order. This may be granted without notifying the respondent if the judge finds immediate risk.

• The order may protect you with no contact, stay-away, move-out, and sometimes firearm restrictions.

• The temporary order remains until the full hearing can be held.

5) Service (Enforcement After Service)

• The restraining order (temporary or final) is not legally enforceable until the respondent is served.

• Service is done by the Sheriff’s Office Civil Services in Santa Clara County. (Santa Clara County Sheriff)

• You may need to provide the sheriff’s office with copies of all documents (petition, TRO, notice, any attachments).

6) The Final Hearing & Permanent Order

• The hearing typically occurs within 15–22 days of the TRO, though local scheduling can vary. (CHO hearings in California often follow that timeline.) (Wikipedia)

• At the hearing both sides present evidence, testimony, witnesses.

• The judge will decide whether to issue a Permanent / Final Order and what protections should remain (usually 3 to 5 years depending on case).

• If the judge grants the order, it becomes enforceable post-service.

7) After the Order: Enforcement, Renewal & Violations

• Always carry a certified copy of the order.

• If the respondent violates the order (contacts you, comes near you, threatens), call 911 immediately.

• You can or should file a motion to enforce or ask for criminal charges under Penal Code § 273.6 for violation of a protective order.

• Before expiration, you can request renewal or extension if risk persists.

• For GVROs (gun orders), surrender orders require that firearms / ammunition be turned in or held by law enforcement. (San Jose Police Department)

Evidence Checklist (Bring to Court)

• Your sworn account / declaration: times, dates, places, witnesses

• Police reports / 911 logs

• Medical records, photos / videos of injuries or damage

• Texts, emails, voicemails, social media messages

• Witness statements / contact information

• Any prior restraining orders or case numbers

• Proofs of cohabitation, relationship, shared residence for DVRO

Local San José / Santa Clara County Resources & Contact Info

Timeline Summary (San José Typical)

1. File petition + request TRO — same day if possible

2. Judge reviews and may issue TRO ex parte

3. Sheriff serves respondent — within days

4. Hearing scheduled — generally within 2–3 weeks

5. Hearing: court issues final order (if granted)

6. Final order lasts years, enforce, renew if needed

Frequently Asked Questions (FAQ)

Is there a fee to file?
For DVRO, there is no fee. For CHO, no filing fee unless the temporary order is denied. If the request is denied, a $435 fee may be due unless waived. (San Joaquin Superior Court)

Which court handles DVRO / CHO in San José?
Santa Clara County Superior Court, working via the Restraining Order Help Center in San José. (Santa Clara Superior Court)

Who can serve the papers?
The sheriff’s office for civil process; you cannot serve it yourself. (Santa Clara County Sheriff)

Does a restraining order restrict guns?
Yes. If you ask for a GVRO (Gun Violence Restraining Order), it can prohibit possession of firearms, require surrender, etc. (San Jose Police Department)

What if I don’t show up to the hearing?
If you fail to appear, the court may deny your request for protection and cancel the temporary order. It is very important to attend.