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Request service of restraining order

A Restraining Order is a Court Order. Also known as a Protective Order, a Restraining Order can prohibit, limit, or mandate certain conduct. Restraining Orders can be issued on an emergency, temporary, or permanent basis. They can be issued for a variety of purposes; examples include Domestic Violence, Civil Harassment, and Elder Abuse. Although Restraining Orders are intended to protect one party, they may limit the rights of another. Therefore, only a Judge can issue a Restraining Order after reviewing the circumstances associated to the request.

The person requesting the order, referred to as the Petitioner or Plaintiff, might be the victim of a crime, a business, or another entity subjected to abuse, violence, or harassment. The person against whom a Protective Order is sought is referred to at the Defendant or Respondent. Santa Clara County Superior Court personnel cannot provide legal advice but can assist with most restraining order questions and applications.

Requesting Sheriff's assistance

The County of Santa Clara Sheriff’s Office can attempt to serve a variety of Restraining Orders on your behalf. Most of which can be done free of charge, either through a Court ordered Fee Waiver or as legally mandated (such as with Domestic Violence orders). Whether your request for a restraining order is granted or denied, there may be related documents you need to have served. Either way, the Court will provide you with a document packet for yourself and for service. If you wish for the Sheriff to attempt to serve your documents, you must give your papers to the Sheriff’s Civil Unit with:

  • A completed Request for Sheriff to serve court papers.
  • A complete set of the Court required documents.
  • A court ordered fee waiver, if you wish for the Sheriff to attempt service at no cost to you.
  • Fees, if applicable.

The Sheriff will make a diligent effort to serve your documents based on information you provide in your request. There is no guarantee your papers will be successfully served. If the service is successful, the Sheriff will complete a Proof of Service and file it with the Court and the Sheriff’s Records Division (if applicable).

Please note: The Sheriff’s Office cannot provide legal advice.

An Emergency Protective Order, sometimes referred to as an EPRO or EPO, is a restraining order that can be requested 24 hours a day. An EPRO is typically requested by law enforcement when a potential victim is in imminent danger from an identifiable threat. This usually occurs during a criminal response such as during domestic violence investigations. If granted, the Emergency Protective Order is immediately in effect and is good for 7 calendar days or 5 business days (whichever is shorter). This timeframe allows the protected party to petition the Court for a Temporary Restraining Order and hearing for a permanent Protective Order.

Emergency Protective Orders can only be served by law enforcement and expire automatically. If granted, the EPRO will be entered into a law enforcement database and a paper copy will be provided to the protected party. As with all restraining orders, the restrained party must be personally served. The likelihood of good service usually depends on information provided by the protected party and information ascertained by law enforcement during their associated investigation. If located, law enforcement will serve the restrained party with a copy. If successful, the service will also be entered into the law enforcement database.

Restrained Party

An Emergency Protective Order is a court order. If you are served with an EPRO, you must abide by its terms and conditions during the effective period. You might not agree with the terms or statements contained in the Order. The order may restrict your conduct and create inconveniences. Only the Court can terminate or alter the Order. If you violate the order, you may be subject to criminal penalties including arrest. The Emergency Protective Order will expire automatically.

Protected Party

If an Emergency Protective Order was requested and granted on your behalf, a copy will be provided to you. Law enforcement will attempt to serve the Order on the restrained party. Their attempts may or may not be successful. If you wish to extend the time frame of the Order, you must apply for a Temporary Restraining Order. If you do not take further action, the Emergency Protective Order will expire automatically.

A Temporary Restraining Order, sometimes referred to as an TRO, is a protective order that can be requested ex parte from the Court. A petitioner can seek a TRO for a variety of circumstances where protection is desired. The Court can grant orders to protect the petitioner, other persons, property, children, and/or pets. The purpose of a Temporary Restraining Order is to provide a level of protection to the petitioner while affording due process to the respondent. There are several forms the petitioner must complete to request an order; they include:

  • A Request for Restraining Order - a court form on which a Petitioner can request a restraining order.

  • Confidential CLETS Information - a form required to accompany a request for restraining order service.

  • Notice of Court Hearing - this form notifies parties of a scheduled court hearings.

  • Temporary Restraining Order - an order issued to provide protection until a scheduled hearing can occur.

  • Additional forms unique to the type of order you are requesting. There may be additional requirements based on the type of form requested

Santa Clara County offers a Self-Help Center to assist persons with completing the process. They cannot provide legal advice. Once the petitioner completes these forms, they should submit them to the appropriate Court for review.

The Court will notify the petitioner when their papers are ready to pick up. The papers will indicate if the Temporary Restraining Order was granted and when a court hearing is scheduled on the matter. These papers may include copies of the petitioner’s original submission with notes from the Court. There will be a hearing date added to the Notice of Court Hearing. Additionally, the Temporary Restraining Order will indicate any changes the judge wants and whether it was granted or denied (pending the Court hearing). There will also be documents intended for the respondent, such as instructions on how to comply with the order and how to respond to the order.

These documents must be properly served to the respondent. They must be served by someone over 18 years old and who is not a party to the case. Depending on the nature of the request, there may be service deadlines. See your Notice of Court Hearing document for more information. In certain circumstances, the petitioner can request the Sheriff serve the papers at no cost to the petitioner. If the petitioner would like the Sheriff to attempt service, the petitioner must complete a Request for Sheriff to Serve Court Papers (SER-001) for each person they want served. The petitioner must include as much information as possible to assist in locating the respondent. The Sheriff will only use information provided to attempt to locate and serve the respondent. If service is successful, a Proof of Service must be completed and filed with the court.

Respondent or Restrained Party

A Temporary Restraining Order (TRO) is a court order. If you are served with a TRO, you must abide the terms, conditions, and timelines therein. Please review the entire packet of information because you may have rights and responsibilities associated in the case. Instructions regarding your ability to respond to the requested Restraining Order and attend a court hearing will be included. This is your opportunity to tell your side of the matter.

Petitioner or Protected Party

You should review the Temporary Restraining Order packet because the Court may change, grant, or deny some of the requests you made in your Request for a Restraining Order. If the papers are not served in the time provided, you may have to request an Extension of Time to Serve Papers. If you need further assistance, the Santa Clara County Superior Court Self-Help Center is available. However, neither the Sheriff’s Office or the Self-Help Center can provide legal advice.

A Restraining Orders, sometimes referred to as an RO or Protective Order, is a court order limiting or prohibiting a person’s conduct. There are a variety of restraining orders intended to protect the Petitioner, other people, children, property, and/or pets. The order is usually issued after a process that includes a request by a Petitioner, service of notice of a court hearing, and the actual court hearing where a judge can review the request and associated evidence.

If the Respondent does not appear for the hearing, the subsequent order needs to be served before it can be criminally enforced. Service can be made by a person over 18 years who is not a party to the action, by a Registered Process Server (RPS), or by law enforcement. Successful service must be documented and filed with the court via a Proof of Service form.

Restrained Party

A Protective (or Restraining) Order is a court order. If you are subject to a protective order, you must abide by its terms and conditions during the effective period. You might not agree with the terms or statements contained in the Order. Only the Court can terminate or alter the Order. If you violate the order, you may be subject to criminal penalties including arrest. Any changes to the order must be made through the courts.

Protected Party

If a Protective Order granted on your behalf, a copy will be provided to you. You are responsible to effect service, and you may be eligible for no cost serve attempts by the Sheriff’s Office. You can find further information at the Santa Clara County Superior Court Self-Help Center, through the California Courts Self-Help Guide, a qualified attorney, or a legal aid organization. Neither the Sheriff’s Office nor a court entity can provide legal advice.