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Quick answer

Guide to filing a domestic violence restraining order in San Benito County: where to file, the forms, fees, and local help. Domestic violence restraining-order requests in San Benito County are filed with Superior Court of California, County of San Benito. The court’s own website is the source for current filing location, hours, and local steps.

Filing in San Benito County

How to File a Domestic Violence Restraining Order in San Benito County, California

Guide to filing a domestic violence restraining order in San Benito County: where to file, the forms, fees, and local help.

Direct answer

Where: Domestic violence restraining-order papers in San Benito County are filed with Superior Court of California, County of San Benito. The court's published filing location includes The free packet of domestic violence forms is available from the clerk’s office, 450 Fourth Street, Monday to Friday, 8:00 to 3:30. The court describes online portal filing on its website. Hours: Published hours or filing windows include The free packet of domestic violence forms is available from the clerk’s office, 450 Fourth Street, Monday to Friday, 8:00 to 3:30. Fee: There is no statewide filing fee for the initial DVRO request (Fam. Code § 6222). Confirm every detail on the court’s own page before you travel.

For the full California process with official citations, see How to file a domestic violence restraining order in California.

Where to file in San Benito County

Domestic violence restraining-order requests in San Benito County are filed with Superior Court of California, County of San Benito. The court’s own website is the source for current filing location, hours, and local steps.

The court describes The court says domestic violence restraining orders can be submitted online through its Public Portal at no cost. You need to create an account or sign in first. (https://www.sanbenito.courts.ca.gov/online-services/efiling).

  • The free packet of domestic violence forms is available from the clerk’s office, 450 Fourth Street, Monday to Friday, 8:00 to 3:30.

The forms you'll need

  • DV-100: the request for the restraining order itself; describes what happened and what protection you need.
  • DV-109: notice of the court hearing date.
  • DV-110: the temporary restraining order a judge can grant before the hearing.
  • CLETS-001: confidential information for law enforcement (kept private from the other party).
  • DV-105: if the case involves minor children, request custody and visitation orders on this form (file it with the initial packet when children are involved).
  • DV-120: the form the other party uses to respond; you'll recognize it if you're served with one.

What it costs

There is no filing fee for an initial domestic violence restraining order request. FW-001 (Request to Waive Court Fees) is only relevant if some separate fee-bearing filing or service comes up in your case.

What happens after you file

Under Fam. Code § 6326, a judge issues or denies an ex parte request the same court day it is submitted, or the next court day if filed too late for review that day. If a temporary order is granted or denied, the hearing date is on the stamped DV-109 (Fam. Code § 242). The other party must be legally served with the papers. Bring your forms and any evidence to the hearing.

Local help in San Benito County

Self-help page: https://www.sanbenito.courts.ca.gov/self-help

Questions people ask next

How long does it take?

Judges generally review new requests within about a day of filing.

Do I need a lawyer?

No. Self-represented filers are common, and the court's Self-Help Center can help with forms and procedure.

What if I can't afford the fee?

There's no filing fee for your restraining-order request, so cost does not block filing. If a different filing or service with a fee comes up, file form FW-001 to ask the judge to waive it.

What if I'm in danger right now?

Call 911. The National Domestic Violence Hotline is 800-799-7233, free and confidential, 24 hours a day.

Can I file in Spanish?

Many courts offer Spanish forms and help. Ask the Self-Help Center what is available.

Official sources

Open the current source before acting. Court forms and county procedures can change.

Ready for the document step?

Use the guide to understand the process, then review every field before a packet leaves your hands.

One payment per case: $19.99; free with a fee waiver.

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