Family Court Frequently Asked Questions
Family Court FAQ
We suggest that all legal documents be filed electronically. You may select an E-File service provider of your choice, many of whom are listed on our web site at this link. There you will find useful instructions as well as at File @ Home. Persons who are unable to file documents electronically may file by mail, by using the drop box, or in person at any courthouse location. The mailing address is: Monterey County Superior Court, Clerk's Office, 1200 Aguajito Road, Monterey, CA 93940. Drop boxes are located in the front of both the Salinas and the Monterey Court houses.
For restraining orders, the following link may be of assistance to you: File @ Home
PAPER OPTION: Use the Basic Domestic Violence Request Packet. This "Quick Start" Basic package will let you fill in the forms on your phone/computer and then print out. (Option - use the full packet on the Forms page)
Print your completed forms and either mail to the Monterey Superior Court at 1200 Aguajito Avenue, Monterey, CA 93940 or place in the Monterey Courthouse Court Drop Box in the patio area before the courthouse steps.
This Basic Packet was designed for protection for you and up to 3 other persons. It does not include a request for support, debt or property control orders. We also have a Response Packet available.
The "Quick Start" Basic packet makes it much easier to fill out your forms, because the forms are engineered to use the information you type in every place it is needed. There are also comments on the forms to give you tips (Green Question Marks) and prompts for areas on the forms to fill out. You will only be filling in the:
- Quick Start Page
- CLETS-001 Form
- Request for DV Restraining Order DV-100 (and attached requests for children)
There are 2 versions:
Click here for Basic Packet with Custody/Visitation Orders.
Click here for Basic Packet for No Children or No Custody/Visitation Orders.
Persons who are unable to file documents electronically can come to the Clerk’s Office and the Monterey Courthouse in person during regular business hours and may file by mail, or by using the drop box in front of the Monterey and Salinas Courthouse locations. The mailing address is: Monterey County Superior Court, Clerk's Office, 1200 Aguajito Road, Monterey, CA 93940.
If you need to complete legal paperwork, you can get forms and information at http://www.courts.ca.gov
You can also use a free program to assist you in completing forms (and also help you efile the forms) at File at Home
You may also choose to get assistance in the Self Help Center, at the main location in Monterey, or at their Salinas Office or King City Office where hours and days of availability are limited. For more information about the Monterey Superior Court Self Help Center, please click this link.
- Voluntary Mediation appointments can be set only when both parties agree to attend and only once every 12 months from your last Family Court Services appointment (even if one of the parties failed to appear or cancelled with less than 24 hours’ notice without good cause). To set Mediation before 12 months have passed or when both parties do not agree to attend requires a court order.
- Child Custody Recommending Counseling will be set only when there is a court order to attend.
- To get a court order to attend Mediation/CCRC, please contact the Self Help Center or speak to an attorney.
- If you have been to Mediation or CCRC before, you will be assigned the same professional as you saw before. Reasonable requests for a different professional may be accommodated, when possible.
- At parties' request in domestic violence cases, at the mediator's discretion, or by court order, mediation may be conducted in separate sessions. When ordered as a separate session, the appointment will be automatically scheduled as a remote (Zoom) session.
- You have the option to attend via remote appearance (Zoom) for any reason. Please contact Family Court Services to arrange to appear remotely, as needed.
Please see the FCS Page for further information.
You may wish to seek legal advice which we cannot give.
It is up to each provider to evaluate whether they can provide services that are safe to the child and parties. Parties are encouraged to meet and confer if no order prevents that. Possible agreements include:
Stipulating (agreeing in writing) to a different professional provider. For a list of providers to contact, click here or send an email requesting the list to FCS@MONTEREY.COURTS.CA.GOV
Stipulating (agreeing in writing) to a non-professional supervisor such as relative or close friend with whom both parents and the child are comfortable. External inks for further information: Supervised Visitation and A Guide for the Non-Professional Supervisor. A Guide for the Non-Professional Supervisor (Spanish)
The list may be obtained on the family law page under "Parenting and Co-Parenting Information" or by sending an email to Family Court Services: FCS@monterey.courts.ca.gov to ask for a list
The list may be obtained on the family law page under "Child Custody Evaluation and Counseling"
Yes there is a form. It is available on the family law page under "Child Custody/Visitation Resources" and is available in English and Spanish.
Please complete and submit the questionnaire form:
Monterey County Superior Court
Family Court Services, 3rd Floor, Room 303
1200 Aguajito Road, Monterey, CA 93940
You must pay the fees as ordered. You can ask for a payment plan using the forms, below: