CV-5014 REV 09/18/16
DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR
CIVIL RESTRAINING ORDERS
Page 2 of 2
Please refer to Santa Clara County Local Civil Rules for more information. This form is not for use in
restraining order applications filed at Family Court.
This form is required in Santa Clara County, if you are asking the Judge to make immediate orders without
the other party being present for a hearing. These orders are called ex parte orders. This form must be
completed in any case where ex parte orders are requested. If you have given notice to the other side of
your case, you must state the form of notice given. Notice means providing the other side of the case, either
the attorney or a self-represented party, with copies of any papers that you want the Judge to review and
any orders that you are requesting. If you have not given notice, you must explain why you have not given
notice. There are some circumstances when notice may be waived, such as cases involving allegations of
domestic violence where the safety of a party or a child might be at risk if notice is given. It is up to the
Judge in your case to determine whether notice will be required or not.
State whether you are the Petitioner or the Respondent in the case. Once a case is filed, the parties keep
the same status in the case. You do not change from the Respondent to the Peti
tioner by filing a new
motion in the case. If you do not have an attorney, you are considered self-represented.
If the other party is represented by an attorney, you must provide the
Court with the attorney’s name and
address. If the other party is not represented by an attorney, you must provide the Court with the other
It is very important to list all other cases in which you and the other party have been i
nvolved with the courts.
This would include other Family Law, Probate, Juvenile, Restraining Order, Child Support, Civil, or Criminal
matters. If you do not have the case number, please put unknown and list the county and the year of the
filing, if possible.
Unless notice is excused by the Court, you must provide notice of this motion to the other party
deliver a copy to the Court. When you give such notice, specify how you did it (by
courier or personally, for example) and at what time and date. Also, please explain how you know
that the other side received copies of your papers and what response you were given.
If you did not give notice of this application, explain why in this section. Check as many boxes as
may also write out any further explanation of your reasons for not giving notice.
After this form is completed, attach it to your restraining order application and submit them as follows:
If Civil Harassment, Workplace Violence, Private Postsecondary School Violence, or Transitional
Housing Misconduct; to the Civil Division Clerk’s Office at 191 North First Street, San José, CA 95113
If Elder or Dependant Adult Abuse; to the Family Division Clerk's Office at 201 North First Street,
San José, CA 95113