DVRO · STEP-BY-STEP · December 2024
Filing for a restraining order in Sacramento is a process that moves faster than most people expect — and the quality of your paperwork at the first step determines the outcome at every step that follows. This guide walks through the exact process at Sacramento Superior Court, what to prepare, what judges look for, and how to give yourself the strongest possible chance of having your order granted.
Step 1: Complete Form DV-100 — the Most Critical Document
The DV-100, Request for Domestic Violence Restraining Order, is the foundational document in your case. It is available at the Sacramento Superior Court clerk's office at 720 Ninth Street, and also at the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road. There is no filing fee for a DVRO petition — California waives it entirely for domestic violence cases. The most important part of the form is the description of the abuse. Judges and clerks see dozens of these forms per week. Vague language — "he scares me," "she has been abusive" — is routinely insufficient. What judges need is specificity: dates, locations, exact words or threats, descriptions of physical injuries with approximate dates, and a clear chronological account of the pattern of abuse. If you have screenshots of threatening messages, attach them. If there are prior police reports, reference them. The DV-100 also allows you to request that the restrained person be removed from a shared residence, have no contact with your children, and surrender any firearms they possess.
Step 2: File at Sacramento Superior Court
Once your DV-100 is complete, file it at the clerk's office. Bring at least three copies — one for the court, one for you to keep, and one for service on the restrained person. The clerk will stamp your copies and route your paperwork to a judge for same-day review. You will typically be asked to wait — judges review TRO applications the same day they are filed. If the judge grants the TRO, you will receive a stamped copy of the restraining order and a hearing date, typically 20 to 25 days out. If the judge denies it or requests more information, the clerk will advise you on next steps. Denial of a TRO is not the end of the process — you may be able to supplement your application or request a hearing even without the TRO.
Step 3: Service of the Restraining Order
A restraining order has no legal effect on the restrained person until they have been formally served — that is, until a copy is physically delivered to them by someone other than you. In Sacramento, the Sacramento County Sheriff's Office will serve restraining orders free of charge for domestic violence cases. You cannot serve the papers yourself. Once the restrained person is served, they are bound by every term of the order — contact, distance requirements, firearm surrender, and any child custody provisions. Keep proof of service (the filed Proof of Service form) with your copy of the order at all times.
Step 4: The Full Hearing — Where Most Unrepresented Petitioners Lose
The full hearing is the most consequential event in your case. Both parties appear before a judge at Sacramento Superior Court. You will have the opportunity to present evidence — photos, medical records, police reports, threatening messages, and your own testimony. The restrained person will also have the chance to tell their version of events and cross-examine you. Judges in contested DVRO hearings are looking for specific, credible, documented accounts of abuse. They are experienced at identifying cases where abuse occurred versus cases where a restraining order is being sought strategically in a custody dispute. Preparing for this hearing — organizing your evidence, preparing your testimony, and being ready for cross-examination — is where legal representation has the greatest impact on your outcome. Attorney Sarkovich personally prepares every client for the hearing and appears alongside them in court. Free consultations at (916) 545-5036.
Step 5: After the Hearing — Enforcement and Renewal
If the judge grants a permanent restraining order, it can last up to five years. You will receive a certified copy — carry it with you at all times and keep a copy at home and in your car. Register the order with your local law enforcement database (the clerk can advise you on this). If the restrained person violates the order in any way — contact, proximity, or otherwise — call 911 immediately. Violation is a criminal offense under Penal Code Section 273.6. Before your order expires, you can file to renew it — the standard for renewal is lower than the original, and the court does not require new incidents of abuse. An attorney can file the renewal on your behalf well in advance of expiration.