Domestic Violence Temporary Restraining Order e-Filing FAQ

Electronic filing or e-Filing allows filers to efficiently process documents online. The filer will submit the documents through an Electronic Filing Service Provider. After review, the court will accept or reject the documents. The documents are returned to the filer through the electronic filing website (portal). eFileCA is the e-File website (portal) that manages the flow of information among filers, clerks, court personnel and judges.

Yes, the eFileCA system adheres to state and federal security regulations and meets Payment Card Industry Security Standards to protect filer and transaction information.

An Electronic Filing Service Provider (EFSP) is a company/organization that provides a service to submit documents (filings) to the court electronically.

The forms required to obtain a DV TRO are available in the Domestic Violence Restraining Order Applicant Packet (PKT-006) and can include:

• Request for Domestic Violence Restraining Order (JC Form #DV-100)
  • **Request for Child Custody and Visitation Orders (JC Form #DV-105) (if seeking custody/visitation orders)
• Notice of Court Hearing (JC Form #DV-109)
• Temporary Restraining Order (CLETS-TRO) (JC Form #DV-110)
  • **Child Custody and Visitation Order (JC Form #DV-140) (if seeking custody/visitation orders)
• Restraining Order After Hearing (CLETS-OAH) (JC Form #DV-130)
• Confidential CLETS Information (JC Form #CLETS-001)
• Family Law Certificate of Assignment – Venue Declarations (SDSC Form # D-049) (required for new cases only)
• Order for Removal from Residence (SDSC Form #D-072) (if seeking a move out order)

Yes, when you select you an Electronic Filing Service Provider (EFSP) and create your account, you will need to select “file into existing case,” enter your case number and follow the steps to upload your documents.

No, e-Filing is optional. Requests for domestic violence temporary restraining orders may be filed in person at any Family Law Business Office.

First you must select an EFSP. Once selected, that provider will help you with your first filing. Please refer to the full list of providers.

Yes, all users must register with an EFSP prior to using e-Filing. The court does not accept electronic filings directly. Your account will allow you to check the status of your electronically filed documents and will provide a path for the court to return your documents to you. Once you select an EFSP, you will be able to use your existing username and password for any EFSP. You may change your EFSP at any time.

Yes, you can submit filings through an EFSP. You will use the internet to select the EFSP and upload your documents for filing. For instructions, refer to your EFSP's website.

There are no court fees to e-File requests for DVTROs. However, an EFSP may charge a service fee.

E-Filing is available 24 hours a day, seven days a week, however, the system may be temporarily offline from time to time for maintenance purposes. Please plan accordingly when planning for your filing.

Documents filed electronically prior to midnight on a court day will be deemed filed as of that day, pursuant to Code of Civil Procedure section 1010.6 and California Rules of Court, rule 2.253(b)(6). Filing occurs at the time the document is received by the court and a confirmation of receipt is created (See Cal. Rules of Court, rule 2.259(a)(1) and (c).) Any electronically filed document received by the court at midnight, or filed on a non-court day, will be deemed filed on the first court day after it is received. This provision concerns only the method and effective date of filing. Any document that is electronically filed must satisfy all other legal filing deadlines and requirements. See Code of Civil Procedure section 1010.6 and California Rules of Court, rules 2.250 through 2.259 for additional information. DVTROs filed after 4:00 p.m. will reviewed by a judicial officer on the next business day. Filers are encouraged to submit documents at least 30 minutes prior to the cutoff time to ensure that there are no technical issues, which may result in the DVTRO being reviewed the next business day.

All documents can be electronically filed except for those outlined in Electronic Filing Requirements (Family) (SDSC Form #D-305).

Documents that are exempt from e-Filing can be submitted for filing by mail or in the business office at the appropriate court location, between the hours of 8:30 a.m. and 4:00 p.m. To determine the appropriate court filing location, please refer to the Zip Code List.

While setting up your account, add the payment option "Waiver Account." When submitting filings, you will be able to select "Waiver" from the "Payment Account" dropdown menu.

Yes, support is provided for all users. Each EFSP offers a different type of e-Filing support. When you pick your EFSP, look at the level of filing support that is offered and ensure that it meets your needs.

You will receive your order on the same day, unless your application is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next court day. (Family Code section 6326). See item 12 above for timeframe for filing. If you need protection outside of normal business hours, you may contact law enforcement and request an emergency protective order.

An envelope contains a document or group of documents for a single case number that will be processed in one transaction.

No, documents that are electronically filed and accepted by the court are automatically uploaded to the court's case management system. This allows the court staff and judicial officers to electronically view the case documents without printing the document or maintaining a physical court file. Pursuant to Government Code section 68150, and California Rule of Court, rule 2.504, the electronic record is the official court record.

A filing party may view documents submitted immediately through their EFSP's portal. All other parties will be able to view a document upon acceptance on public workstations located at any San Diego Superior Court location. A document is considered FILED once it is accepted by the court.

Typical reasons that your e-Filing would be rejected by the court are as follows:

• Multiple filing documents are submitted as a single file
• Documents scanned are too large/too small (upload at 200 DPI+)
  • Standard Letter size (8.5 x 11 inches)
• Missing required information and/or documents
  • Including required attachments (i.e. DV-105, DV-140, etc.)
  • Missing/blank/inverted pages
  • Pages out of order
• Names inconsistent throughout documents

Retention of original signed documents shall be pursuant to California Rule of Court, rule 2.257 and Code of Civil Procedure section 1010.6. For documents e-Filed with court, the filing party may use /s/ followed by the name of the individual on the signature line of a document.

Yes, per California Rule of Court, rule 2.305 we encourage filing parties to note when the signature is by fax.

No, documents should not be password protected and will be rejected if the content cannot be viewed.

Yes, confidential documents will be accepted via e-Filing, however, the court will determine the appropriate level of security prior to filing.

Filers are responsible for accomplishing service of all filings as required by applicable state and court rules. You may have the San Diego Sheriff’s Department serve the restrained party by providing them with all documents filed with the court and a certified copy of the Temporary Restraining Order (JC Form #DV-110), Notice of Court Hearing (JC Form #DV-109), and Order for Removal from Residence (SDSC Form #D-072) (if applicable).

For more information on service by the Sheriff and for a list of Sheriff’s Civil Office locations, visit the Sheriff’s website.

NOTE: You will be notified when e-Filing your documents that separate emails will be sent to you by the court with a Notice of Case Assignment and a Notice of Hearing which will require service. Once all documents have been reviewed and accepted, you will receive three separate packets via email: a Request for Service packet, a Protected Party packet, and a restrained party packet to be served on the restrained party. For additional information on service, please refer to the Instructions on Service of DVTRO (SDSC Form # D-313).

Yes, refer to California Rules of Court, rule 2.251(b)(1)(B).

Each stand-alone document which requires a file stamp must be filed separately. Attachments to a filing must be included with that document as one PDF/run-on document.

Yes, an envelope cannot be larger than 35 megabytes and a single document cannot be larger than 25 megabytes.

Save them in PDF format, however some EFSPs allow you to file as a Word document as they will take care of the conversion. Please ask your EFSP on this item.

Yes, pursuant to California Rule of Court, rule 2.256(b)(3), a document filed electronically must be text searchable.