Next step after completing your Judicial Council forms: After you have completed your Judicial Council forms as set forth above, make three copies, and then take your documents to the Superior Court. The court clerk will give your forms to a judge. The judge will read your forms and decide whether or not to issue temporary restraining orders (TROs). If the judge decides to issue any TROs, they will go into effect immediately and remain in effect until the hearing. The judge may decide the matter the same day you submit your papers to the court or the judge may decide the next business day. When you give your papers to the court clerk, ask the clerk if you should wait at the court for the judge to make a decision. Some courts will give you a phone number that you can call to find out when the judge has reviewed your paperwork and made a decision about the TROs.
Scheduling Your Hearing
After the judge has reviewed your paperwork and made a decision about whether or not any TROs should be issued, the court will assign a hearing date. The court will write in the date, time, and department for the hearing on the “Notice of Court Hearing” (DV-109). When you pick up your paperwork from the court clerk, make a note of the date and time of the hearing. Then, look over the Temporary Restraining Order (DV-110) and see which TROs, if any, the judge issued.
In some counties, after the judge signs your paperwork, the court files the paperwork with the court clerk and gives you filed-endorsed copies. In other counties, after the judge signs your paperwork, you will need to take the original paperwork to the court clerk’s filing window and file that paperwork with the court clerk.