# 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.** If you are being abused by a partner, former partner, family member, or someone you live with, you can ask the court to order them to stay away and stop the abuse. This guide covers the San Benito County basics: where to go, which forms to fill out, and what happens next.

## Where to file in San Benito County

San Benito County has a single courthouse handling all court matters, including family law and restraining orders. File at the Superior Court of California, County of San Benito, 450 Fourth Street, Hollister, CA 95023. Clerk's hours are Monday–Friday, 8:00 a.m.–3:30 p.m. (courthouse phone (831) 636-4057).

Online option: domestic violence and gun violence restraining order requests may be submitted online through the court's Public Portal — and self-represented filers are exempt from the court's general e-filing mandate, so online filing is encouraged but not required.

If you need a same-day decision: under the court's local rules, DVRO ex parte applications must reach the clerk by 10:00 a.m. for same-day consideration — get your papers in early. Check the San Benito County Superior Court website for current hours and drop-box information.

## 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-120 — the form the other party uses to respond; you'll recognize it if you're served with one.
- FW-001 — request to waive court fees if you can't afford them.

## 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

A judge reviews your request, usually within 24 hours. If a temporary order is granted, a hearing is typically scheduled within 21 days. 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

The court's Self-Help Center (450 Fourth Street, Hollister — (831) 636-4057, Monday–Friday 8:00 a.m.–3:30 p.m.) can help you understand the process and prepare your paperwork (it cannot provide legal advice or represent you). Find more information on the court's website.

JusticeOS is not a law firm and does not give legal advice. This guide is general information, not legal advice. If you are unsure about your situation, talk to a licensed California attorney or your court's self-help center.

## 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 should not keep you from 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

- [California Courts — Restraining orders (self-help)](https://selfhelp.courts.ca.gov/DV-restraining-order)
- [California Family Code § 6222 — no fee to ask for a domestic violence restraining order](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6222)

## Related guides

- [How to File a Domestic Violence Restraining Order in Sacramento County, California](https://justiceos.ai/guides/sacramento-county-dv-restraining-order)
- [How to File a Domestic Violence Restraining Order in San Bernardino County, California](https://justiceos.ai/guides/san-bernardino-county-dv-restraining-order)
- [How California DVRO filing works after you finish the forms](https://justiceos.ai/guides/dvro-filing)

Published 2026-09-28. Reviewed against official California Courts guidance on 2026-09-28.

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JusticeOS is not a law firm, is not your lawyer, and does not give legal advice. It explains California court forms and procedure in plain language and cites official sources. In immediate danger call 911. National Domestic Violence Hotline: 1-800-799-7233.

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