SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN DIEGO
RENEWAL OF RESTRAINING ORDER
PACKET
FORMS INCLUDED IN THIS PACKET
Restraining Order Renewal Information
PROTECTED
PERSON
RESTRAINED
PERSON
SDSC Form #CIV-375
Request to Renew Restraining Order
SDSC Form #CIV-371
Notice of Hearing to Renew Restraining Order
SDSC Form #CIV-372
Request for Free Service of the Order and Injunctions
SDSC Form #CIV-046
Proof of Personal Service – Renewal of Restraining Order
SDSC Form #CIV-373
Declaration
Judicial Council Form #MC-030
Proof of Service by Mail – Renewal of Restraining Order
SDSC Form #CIV-374
PKT-039 (New 5/11)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
RESTRAINING ORDER RENEWAL INFORMATION
What does "renew" mean? Your restraining order most likely has an expiration (end) date listed on the first page of the order.
That means, on that date, your order will end and you will no longer be protected by it. If you are still concerned for your safety
or want your restraining order to stay in place, you have to "renew" it – which makes it last longer and gives it a new end date.
When do I ask for the renewal? You must ask the court to renew your restraining order BEFORE your current one ends. The
court accepts requests for renewal within three months before the end date of a current order.
How long can the renewed order last? Most restraining orders may be renewed for no more than a period of three years;
however, in some cases, such as those involving domestic violence and elder/dependant adult abuse, renewed orders may be
made permanent (with no end date).
How much does it cost? There is no fee to ask the court to renew your order.
To ask for a renewal of your order, you will need to do the following:
1. Complete the following forms:
x Request to Renew Restraining Order (SDSC Form #CIV-371)
x Notice of Hearing to Renew Restraining Order (SDSC Form #CIV-372) (Items #1 – 2 only)
Attach a copy of your current order to the Request to Renew Restraining Order.
2. Take your completed forms to the court location where you received your current order. The clerk will file your papers
and submit your request to the judge for his or her signature. Sometimes the judge may want to talk with you. If so, the
clerk will tell you. In addition, the clerk will tell you whether or not you need to stay and wait for your paperwork, or when
you can come back to pick it up.
3. Once the judge has signed your papers, you will need to have the restrained person personally served with the following:
x Request to Renew Restraining Order (SDSC Form #CIV-371)
x Notice of Hearing to Renew Restraining Order (SDSC Form #CIV-372)
x A copy of your current restraining order
x A blank Declaration (JC Form #MC-030)
Someone over 18 – not you or anyone else protected by the restraining order – can serve the restrained person. For
information on "service," visit www.courts.ca.gov/selfhelp-abuse.
4. File a proof of service. This form tells the judge and law enforcement that the restrained person got a copy of the request
and notice of hearing. Have the person who serves the restrained person complete a Proof of Personal Service –
Renewal of Restraining Order (SDSC Form #CIV-373) and give it to you so you can file it with the court. Take the
original proof of service and copies to the court at least two days before your hearing.
5. Go to your court hearing. If you do not attend the hearing, your order will end. At the hearing the judge will decide
whether or not to renew the restraining order. You do not need to show that the restrained person has abused or
harassed you since the last order; however, if you are still afraid of the restrained person let the judge know. And, if the
restrained person has abused or harassed you since the last order, or disobeyed any part of the order you are trying to
renew, make sure you tell the judge and provide any proof or details about the violations.
It will be up to the judge to decide whether to renew your restraining order. If the judge decides to renew your order, he
or she will also decide how long the renewed order will last.
If the judge renews your restraining order, a new Restraining Order After Hearing (JC Form #CH-140, EA-130, WV-130, or
SV-130) will need to be filled out and signed by the judge. The new Restraining Order After Hearing must be served on the
restrained person.
x
If the restrained person was at the hearing, you can have them served with a copy of new order by mail. Ask the person
who serves the restrained person to complete a Proof of Service by Mail – Renewal of Restraining Order (SDSC Form
#CIV-374) and give it to you so you can file it with the court.
x
If the restrained person was NOT at the hearing, you must have someone serve them with a copy of the new order in
person, not by mail. Ask the person who serves the restrained person to complete a Proof of Personal Service – Renewal
of Restraining Order (SDSC Form #CIV-373) and give it to you so you can file it with the court.
SDSC CIV-375 (New 5/11)
RESTRAINING ORDER RENEWAL INFORMATION
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FOR COURT USE ONLY
FAX NO.(Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101
CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101
EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020
NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081
SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910
PROTECTED PERSON
RESTRAINED PERSON
JUDGE/DEPT
CASE NUMBER
REQUEST TO RENEW RESTRAINING ORDER
1. Your name (protected person):
2. Name of person you want protection from (restrained person):
Describe that person: Sex:
Male
Female Height:
Hair Color:
Eye Color:
Weight:
Age:
3. I ask the court to renew the Restraining Order After Hearing (
CH-140
Race:
Date of Birth:
EA-130
WV-130
SV-130).
a. The order was first made on (date):
b. The order ends on (date):
c. The order has been renewed
d. I want the order to be renewed for
e.
time(s).
year(s).
A copy of the order is attached.
4. I ask the court to renew the order because (check all that apply):
a.
b.
The person name in item #2 has abused and/or harassed me since the order was made. (Note: The court can
renew your order even if there has been no abuse and/or harassment since your last request.)
I am afraid of the person named in item #2.
c.
Other: (Explain below or attach an additional page. Write "Form CIV-371, Item #4c" at the top.)
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
Type or Print Name
SDSC CIV-371 (New 5/11)
Signature
REQUEST TO RENEW RESTRAINING ORDER
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FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO.(Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101
CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101
EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020
NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081
SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910
PROTECTED PERSON
RESTRAINED PERSON
CASE NUMBER
NOTICE OF HEARING TO RENEW RESTRAINING ORDER
1. Protected person's name:
2. Restrained person's name:
Describe that person: Sex:
Male
Female Height:
Hair Color:
Eye Color:
Weight:
Age:
Race:
Date of Birth:
3. Court Hearing
The judge has set a court hearing date. The court will fill in the box below.
The current restraining orders stay in effect until the hearing date.
Name and address of court if different from above:
Date:
Time:
Hearing
Date
Dept.:
Rm.:
To the person named in item #2: At the hearing, the judge may renew the restraining orders for up to three years or
longer in cases involving domestic violence and elder/dependent abuse. At the hearing, you can tell the judge if you
do not want the orders against you. Also, you can file a written answer. Even if you do not attend the hearing, you
must obey the restraining orders.
4.
Service and Answer
A.
To: Person Asking for Order
Someone 18 or over – not you or anyone else
protected by the restraining order – must personally
"serve" a copy of this order and a copy of the original
Restraining Order After Hearing to the person named
in item #2 at least _________ days before the hearing.
B.
To: Person Served With Order
Have someone 18 or over – not you – "serve" a copy
of your answer on the person named in item #1 by mail
and file it with the court at least ________ days before
the hearing.
For help with Service or Answering, visit www.courts.ca.gov/selfhelp-abuse
Date:
Judge/Commissioner of the Superior Court
SDSC CIV-372 (New 5/11)
NOTICE OF HEARING TO RENEW RESTRAINING ORDER
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FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO. (Optional):
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101-3827
COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101-3814
MADGE BRADLEY BLDG., 1409 4TH AVE., SAN DIEGO CA 92101-3105
FAMILY COURT, 1555 6TH AVE., SAN DIEGO, CA 92101-3294
NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081-6643
EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020-3941
RAMONA BRANCH, 1428 MONTECITO RD., RAMONA, CA 92065-5200
SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910-5649
In the Matter of:
Petitioner(s):
Respondent(s):
Request for Free Service of the Order and Injunctions (CCP § 527.6(a)(1)
and 527.8; Family Code § 6200 et seq; Welfare and Institutions Code §
15600 et seq); and Sheriff’s Reimbursement
CASE NUMBER
REQUEST FOR FREE SERVICE:
1. Your name (person asking for service of Order or Injunction):
Your Address:
City: _______________________________ State: ______________________ Zip Code: __________________
Your lawyer (if you have one):
2. I am entitled to free service of the restraining order or injunction by the sheriff because:
a.
I asked for a domestic violence prevention restraining order on Form DV-100.
b.
I asked for a civil harassment restraining order on Form CH-100 and my request was based on my fear of
i.
stalking
ii.
a credible threat of violence
c.
I have requested a restraining order under the Elder Abuse and Dependent Adult Civil Protection Act.
d.
I have asked for a civil harassment restraining order for an employee and the request was based on that
employee’s fear of
i.
stalking
ii.
a credible threat of violence
e.
I have requested a restraining order to enforce a protective order issued under the Family Code
Date:
___________________________________________
(TYPE OR PRINT NAME)
(SIGNATURE)
INSTRUCTIONS FOR LAW ENFORCEMENT:
Government Code § 6103.2 allows the sheriff to bill the court only for orders or injunctions that were served, where
service was canceled or where the respondent was not found so long as the amount sought does not exceed the
allowable amounts provided in Government Code § 26721, 26736 and 26731.
To seek reimbursement for service, fill out the box below and a copy of this form must be returned to the court listed
above.
Service of the order was made or attempted on (date):
Fee for service: $______________
Date:
___________________________________________
(TYPE OR PRINT LAW ENFORCEMENT REPRESENTATIVE)
SIGNATURE
__________________________________________
(TYPE OR PRINT TITLE AND AGENCY)
SDSC CIV-46(New 1-07)
REQUEST FOR FREE SERVICE OF THE ORDER AND INJUNCTIONS
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FOR COURT USE ONLY
FAX NO.(Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101
CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101
EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020
NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081
SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910
PROTECTED PERSON
RESTRAINED PERSON
JUDGE/DEPT
CASE NUMBER
PROOF OF PERSONAL SERVICE –
RENEWAL OF RESTRAINING ORDER
1. Name of person asking for protection (protected person):
2. Name of person you want protection from (restrained person):
3. Notice to Server
The server must:
x Be over 18 years of age.
x Not be listed on the restraining order.
x Give a copy of all documents checked in item #4 to the restrained person named in item #2. (You cannot send
them by mail.) Then complete and sign this form, and give or mail it to the protected person named in item #1.
PROOF OF PERSONAL SERVICE
4. I gave the restrained person named in item #2 a copy of the documents checked below:
a.
Request to Renew Restraining Order (SDSC Form #CIV-371)
b.
Notice of Hearing to Renew Restraining Order (SDSC Form #CIV-372)
c.
A copy of the current restraining order
d.
A blank Declaration (JC Form #MC-030)
e.
Restraining Order After Hearing ( CH-140
EA-130
WV-130
SV-130)
f.
Other (specify):
5. I personally gave copies of the documents checked above to the restrained person named in item #2:
a. On (date):
b. At (time):
a.m.
p.m.
c. At this address:
City:
State:
Zip Code:
City:
State:
Zip Code:
Telephone Number:
(If you are a registered process server):
County of Registration :
Registration Number:
6. Server's Information
Name:
Address:
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
Type or Print Name
SDSC CIV-373 (New 5/11)
Signature of Server
PROOF OF PERSONAL SERVICE –
RENEWAL OF RESTRAINING ORDER
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RESTRAINED
PERSON
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MC-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FOR COURT USE ONLY
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
DECLARATION
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
Form Approved for Optional Use
Judicial Council of California
MC-030 [Rev. January 1, 2006]
(SIGNATURE OF DECLARANT)
Petitioner
Attorney for
Plaintiff
Respondent
Other (Specify):
DECLARATION
Defendant
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FOR COURT USE ONLY
FAX NO.(Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101
CENTRAL DIVISION, HALL OF JUSTICE, 330 W. BROADWAY, SAN DIEGO, CA 92101
EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020
NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081
SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910
PROTECTED PERSON
RESTRAINED PERSON
JUDGE/DEPT
CASE NUMBER
PROOF OF SERVICE BY MAIL –
RENEWAL OF RESTRAINING ORDER
1. Name of person asking for protection (protected person):
2. Name of person you want protection from (restrained person):
3. Notice to Server
The server must:
x Be over 18 years of age.
x Not be listed on the restraining order.
x Mail a copy of all documents checked in item #4 to the restrained person named in item #2. Then complete and
sign this form, and give or mail it to the person for whom you are serving the documents for.
PROOF OF SERVICE BY MAIL
4. I mailed a copy of the documents checked below to the person named in item #2:
a.
Restraining Order After Hearing ( CH-140
EA-130
WV-130
SV-130)
b.
Declaration (JC Form #MC-030)
c.
Other (specify):
Note: You cannot serve the Request to Renew Restraining Order (SDSC Form #CIV-371) or the Notice of
Hearing to Renew Restraining Order (SDSC Form #CIV-372) by mail.
5. I placed copies of the documents checked above in a sealed envelope and mailed them as listed below:
a. Date:
b. Mailed from (city):
(state):
c. Mailed to (name):
d. At this address:
6. Server's Information
Name:
Address:
City:
State:
Telephone Number:
(If you are a registered process server):
County of Registration:
Registration Number:
Zip Code:
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
Type or Print Name
SDSC CIV-374 (New 5/11)
Signature of Server
PROOF OF SERVICE BY MAIL –
RENEWAL OF RESTRAINING ORDER
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