How to Get a Restraining Order in Hesperia or Apple Valley: DVRO Hearings at the Victorville Courthouse
The short answer: If you live in Hesperia or Apple Valley and need protection from a spouse, partner, ex, or close family member, you ask the San Bernardino County Superior Court for a domestic violence restraining order by filing form DV-100 and asking for a temporary order on form DV-110. Family law cases from the Victor Valley are generally heard at the Victorville courthouse, with Barstow and Joshua Tree handling other High Desert communities as the court assigns them; confirm the filing location on the San Bernardino Superior Court website before you go. A judge can sign a temporary order the same day or the next court day, and a hearing on a longer order follows within about three weeks. This guide from Gramling Law Group walks through each step.
Who Can Ask for a DVRO in Hesperia or Apple Valley
The relationship matters first. A domestic violence restraining order under the Domestic Violence Prevention Act is available only against someone with whom you have a qualifying relationship listed in Family Code section 6211: a spouse or former spouse, a person you live with or lived with, someone you are dating or dated, the other parent of your child, or a close relative such as a parent, child, sibling, or in-law. If the person is a neighbor, coworker, or stranger, the right tool is usually a civil harassment order under Code of Civil Procedure section 527.6, which uses different forms and a different standard.
Abuse is defined broadly. Family Code section 6203 defines abuse to include causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury, and any conduct a court can enjoin under Family Code section 6320. That last category covers stalking, threatening, harassing, repeated unwanted contact, and disturbing the peace of the other party. The Court of Appeal in In re Marriage of Nadkarni confirmed that disturbing the peace means destroying a person's mental or emotional calm, so a physical injury is not required. Our guide on what evidence you need for a restraining order explains how to document this kind of conduct.
Where High Desert Restraining Order Cases Are Heard
Victorville is the usual courthouse. Family law matters from Hesperia, Apple Valley, Victorville, Adelanto, Phelan, and Oak Hills are generally assigned to the Victorville courthouse, while cases from Barstow and the Morongo Basin are generally heard at the Barstow or Joshua Tree courthouses as the court assigns them. Courthouse assignments and filing windows change, so check the San Bernardino Superior Court website for the current family law filing location and hours before you drive there. Our Victorville courthouse guide covers how the High Desert family court operates day to day.
You can also file where the abuse happened or where the other party lives. Venue for a DVRO is flexible, so a person who recently left Hesperia for a shelter elsewhere in the county may still file in the High Desert, and a person who moved to Rancho Cucamonga or Riverside may be able to file there instead. Pick the courthouse that is safest and most practical, and tell the clerk if you need to keep your current address confidential.
Step One: Complete the DV-100 and Supporting Forms
The DV-100 is your sworn story. Form DV-100 asks who you are, who the restrained person is, how you are related, what the person did, when it happened, and what orders you want. Describe the most recent incident first, then the most serious earlier incidents, with dates, locations, and names of witnesses. Attach any photographs, texts, voicemails, police report numbers, or medical records that support your account. Form CLETS-001 gives law enforcement the identifying information it needs to enter the order into the statewide database under Family Code section 6380.
Ask for every order you need. The DV-100 lets you request personal conduct orders, stay-away orders, a move-out order under Family Code section 6321, and the firearm surrender that Family Code section 6389 requires of anyone restrained by a DVRO. If you share children, complete form DV-105 to request custody and visitation orders under Family Code section 6323, and consider form DV-140 if you want supervised visits. You can request child support, spousal support, or attorney fees on the same filing if you also complete form FL-150. Our custody practice page explains how a DVRO interacts with a custody case.
Step Two: The Temporary Restraining Order
The judge decides on paper, usually without the other side. When you file the DV-100, you also file form DV-110 asking for a temporary restraining order. Under Family Code section 6300 and Family Code section 6320, the court can grant the temporary order based on your sworn statement alone, without notice to the other party, if it shows reasonable proof of a past act or acts of abuse. Clerks in Victorville generally send the packet to a judicial officer the same day; if the court is closed, law enforcement can request an emergency protective order under Family Code section 6250 that bridges the gap.
The hearing date is set on the DV-109. Form DV-109 is the notice of court hearing. Family Code section 242 requires the hearing to be held within 21 days, or 25 days if good cause is shown, after the temporary order is granted or denied. If the judge denies the temporary order, you are still entitled to a hearing on the longer order. Our article on how long a DVRO takes in San Bernardino County lays out the timeline in more detail.
Step Three: Serving the Other Party
Service is mandatory and you cannot do it yourself. The restrained person must be personally served with the DV-100, DV-109, DV-110, and a blank DV-120 response form by someone who is at least 18 and not a party to the case. The San Bernardino County Sheriff serves DVRO papers at no charge, and a private process server is another option. The server completes form DV-200, which you must file before the hearing. Without proof of service, the court cannot grant a permanent order at the first hearing, although Family Code section 245 allows the court to continue the hearing and keep the temporary order in effect.
Serve early. Service generally must be completed at least five days before the hearing unless the court orders a shorter time, so do not wait until the last week. If the restrained person is avoiding service, tell the court at the hearing and ask for a continuance and, if appropriate, an order permitting service by another method.
Step Four: The Hearing at the Victorville Courthouse
Bring your proof and your witnesses. At the hearing the judge decides whether to issue an order after hearing on form DV-130 for up to five years under Family Code section 6345. You bear the burden of proving abuse by a preponderance of the evidence. Bring printed copies of texts, screenshots, photographs, and records, organized by date, with a copy for the court and a copy for the other side. Witnesses must appear in person unless the court permits remote testimony. If the restrained party files a DV-120 response, read it carefully and be ready to answer each point.
Expect the judge to address children and firearms. If you share children, the court will make custody and visitation orders, and a finding of domestic violence triggers the presumption in Family Code section 3044 against awarding custody to the abusive parent. The court will also confirm that any firearms have been surrendered under Family Code section 6389. Our guides on supervised visitation and how long a restraining order lasts cover what comes next.
Common Mistakes in High Desert DVRO Cases
Avoid these problems. (1) Vague descriptions such as "he was abusive" with no dates or specifics. (2) Leaving out earlier incidents because they seem old; the pattern matters. (3) Contacting the restrained person yourself after the temporary order issues, which weakens your case even though the order restrains only the other party. (4) Missing the hearing, which ends the temporary order. (5) Forgetting to file the DV-200 proof of service. A violation of the order by the restrained party is a crime under Penal Code section 273.6, so document any contact and report it. If you are on the other side of a petition, read our guide on what happens if a restraining order is filed against you.
How Gramling Law Group Can Help
Flat-fee and limited-scope options for Hesperia and Apple Valley clients. Many High Desert residents handle the DV-100 filing themselves and then hire counsel only for the hearing, or hire counsel for the whole case on a flat fee. Daniel Gramling, Esq. represents petitioners and respondents in DVRO hearings at the Victorville, Barstow, and Joshua Tree courthouses and throughout San Bernardino County. Gramling Law Group offers flat-fee and limited-scope representation; call (909) 654-4575 or contact us through this website. We serve the Inland Empire, the High Desert, Los Angeles County, Orange County, and Southern California.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Frequently Asked Questions
How much does it cost to file a restraining order in Hesperia?
Nothing. There is no filing fee for a domestic violence restraining order, and the Sheriff serves the papers without charge. Attorney fees are optional, and Family Code section 6344 allows the court to order the restrained party to pay the protected party's fees in appropriate cases.
Do I have to go to the Victorville courthouse in person?
Usually, yes, for the hearing. The DV-100 can often be filed in person or through the court's online and drop-box options, and some hearings may be held remotely, but the court decides whether remote appearance is allowed. Check the San Bernardino Superior Court website for the current rules and confirm your courthouse assignment.
What if the other person lives in Victorville or Barstow and I live in Apple Valley?
You can still file in the High Desert. A DVRO may be filed in the county where you live, where the other party lives, or where the abuse occurred, and the court will assign the case to the proper courthouse. The order is enforceable anywhere in California once it is served and entered into the statewide database under Family Code section 6380.
Can a DVRO include my children?
Yes. Form DV-100 lets you ask that your children be protected persons, and form DV-105 lets you ask for custody and visitation orders at the same time. If the judge finds abuse, Family Code section 3044 presumes that custody should not go to the abusive parent unless that presumption is rebutted.
Related Guides From Gramling Law Group
Learn more about our domestic violence restraining order representation serving the Inland Empire, Los Angeles County, and Southern California.
We serve clients in Hesperia, Apple Valley, Victorville, and Barstow.
Gramling Law Group
3600 Lime St, Bldg 2, Riverside, CA 92501
Phone: (909) 654-4575
Serving the Inland Empire, Los Angeles County, Orange County, and all of Southern California except San Diego in family law and criminal defense.
Follow Daniel Gramling on Instagram: @californiafamilylawyer
Comments