To get a California juvenile restraining order, a parent, guardian, or other adult with custody files a petition in the court that matches the child’s situation, asks the judge for a temporary order the same day, and then proves the abuse or harassment at a full hearing the court sets within 21 to 25 days. The forms, the court, and even the burden of proof depend on who the person causing harm is and whether the child is already in a juvenile case.
Pick the Right Type of Order
Two orders cover almost every situation involving a minor:
- A Domestic Violence Restraining Order (DVRO) is for when the person causing harm has a close family or household relationship with the child or the child’s family: spouses and former spouses, cohabitants, dating partners, co-parents, and people related by blood or marriage within the second degree. File on the DV-100 series of Judicial Council forms.1Judicial Council of California. Family Law – Domestic Violence Prevention Act Forms
- A Civil Harassment Restraining Order (CHRO) covers everyone else: neighbors, classmates, acquaintances, strangers. The authority is Code of Civil Procedure section 527.6, and the forms are the CH-100 series.2California Legislative Information. California Code CCP 527.6 – Temporary Restraining Order
California also has a postsecondary school violence restraining order, but it protects students at colleges and vocational programs, not K-12 students, so it rarely helps a minor under 18.3California Legislative Information. California Code CCP 527.85
Who Files, and in Which Court
A parent, legal guardian, or other adult with custody usually files on the child’s behalf. A minor can file for a DVRO directly, but the court will typically appoint a guardian ad litem to guide the case.4California Legislative Information. California Code Family Code 6301
The right courthouse depends on the child’s current legal status:
- If the child has no open juvenile case, file the DVRO or CHRO petition in the family or civil division of the superior court using the standard DV-100 or CH-100 forms.
- If the child is already a dependency case under Welfare and Institutions Code section 300, the juvenile court has exclusive jurisdiction. File a Request for Juvenile Restraining Order on form JV-245.5Judicial Council of California. Judicial Council Form JV-245 – Request for Juvenile Restraining Order
- If the person who needs to be restrained is a minor with a pending delinquency case under Welfare and Institutions Code section 601 or 602, use form JV-258 for the request and form JV-260 for the temporary order.6Judicial Branch of California. Rule 5.630 – Restraining Orders
Filing in the wrong court delays protection. If you are unsure, call the court clerk or a local self-help center before you submit anything.
Filing for the Temporary Order
The first filing goes after a Temporary Restraining Order (TRO) that protects the child right away while the case moves toward a hearing. The petition must include a declaration signed under penalty of perjury that describes the most recent incident of abuse or harassment, any pattern of earlier incidents, and specific details: dates, locations, and what the other person did or said. Vague allegations rarely get an emergency order.
Once you file, a judge reviews the papers the same day without the other party present. If the judge finds reasonable proof of abuse or harassment and a risk of harm, the TRO is granted. The court then sets a full hearing within 21 days, or within 25 days for good cause, for both DVROs and CHROs.2California Legislative Information. California Code CCP 527.6 – Temporary Restraining Order7Judicial Council of California. Judges Guide to Domestic Violence Restraining Orders
A typical TRO orders the restrained person to stay a set distance from the protected child, not contact them in any way, and stay away from their home and school. After it issues, the restrained person must be personally served with the order and the hearing date by someone 18 or older who is not a party to the case. File the proof of service with the court before the hearing.
If the Judge Denies the TRO
A denied TRO does not end the case. The court still sets a full hearing in the same 21-to-25-day window, and when the petition shows past abuse on its face, the judge must explain in writing why the TRO was denied. Use that explanation to strengthen the case before the hearing.7Judicial Council of California. Judges Guide to Domestic Violence Restraining Orders
What Happens at the Hearing
Both sides can present their case at the hearing. The petitioner carries the burden of proof. For domestic violence orders, the standard is a preponderance of the evidence: more likely than not that the abuse occurred. Civil harassment orders use the same standard in most cases, but when the alleged harassment involves speech or conduct protected by the First Amendment, the petitioner must meet a higher bar of clear and convincing evidence.
Testimony on its own can be enough. Stronger cases add supporting evidence: text messages or social media posts showing threats, photographs of injuries or property damage, police reports, school incident reports, and statements from people who saw or heard what happened. Present the evidence in chronological order so the judge can follow the story.
If the judge grants the order, it will spell out stay-away distances, no-contact rules, and sometimes orders about custody, residence, or property. The restrained person receives a copy in court, and the order takes effect immediately.
How Long the Order Lasts
A final DVRO can last up to five years. If the form has no expiration date, it defaults to three years.8California Legislative Information. California Code Family Code 6345 A final civil harassment order can also last up to five years.2California Legislative Information. California Code CCP 527.6 – Temporary Restraining Order Juvenile court restraining orders issued under Welfare and Institutions Code section 213.5 run for the duration the judicial officer sets and stay in effect while the underlying dependency or delinquency case is active.9California Legislative Information. California Code WIC 213.5
DVROs can be renewed without proof of new abuse. File the renewal request in the three months before the current order expires; the court can extend it for another five years or longer, or make it permanent.8California Legislative Information. California Code Family Code 6345 To change the terms of any order, file a formal motion in the court that issued it.
Firearms Surrender
Any person subject to a protective order under the Family Code is barred from owning, possessing, buying, or receiving firearms or ammunition for the life of the order. The court must order the restrained person to surrender everything. If law enforcement serves the order, the officer will ask for immediate surrender. Otherwise, the restrained person has 24 hours after service to turn firearms over to local law enforcement or sell or store them with a licensed dealer, and must file a receipt with the court within 48 hours proving it was done. Failing to file that receipt is itself a violation of the order, and the same rules apply to juvenile restraining orders in dependency and delinquency court.10California Legislative Information. California Code Family Code 63896Judicial Branch of California. Rule 5.630 – Restraining Orders
Federal law adds its own ban. Under 18 U.S.C. ยง 922(g)(8), it is a federal crime to possess a firearm or ammunition while subject to a qualifying protective order, after the restrained person had notice and a chance to participate in a hearing, where the order protects an intimate partner or child and either includes a finding of credible threat or explicitly prohibits the use of physical force.11Office of the Law Revision Counsel. 18 USC 922 Ex parte TROs issued before the restrained person has a chance to appear generally do not trigger the federal ban. The federal rule applies to most DVROs but not to civil harassment orders between unrelated parties.
Enforcement and Penalties for Violations
Once a protective order issues, the court enters it into the California Law Enforcement Telecommunications System (CLETS), making it accessible to any officer in the state.12California Legislative Information. California Code Family Code 6380 – Transmission of Protective Order Data
Violating the order is a misdemeanor under Penal Code section 273.6, carrying up to one year in county jail, a fine of up to $1,000, or both.13California Legislative Information. California Code PEN 273.6 – Violation of Protective Order When an officer has probable cause to believe the restrained person knows about the order and violated it, state law requires an arrest on the spot, even if the officer did not see the violation happen.14California Legislative Information. California Code PEN 836
Keep a certified copy of the order on hand. CLETS should have it, but a physical copy speeds up the response if you need to call for help.
Immigration Consequences for Non-Citizens
A protective-order violation can carry severe immigration consequences. A non-citizen is deportable if a court finds they violated the portion of a protective order that involves protection against credible threats of violence, repeated harassment, or bodily injury, and this applies to both temporary and permanent orders.15Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens A separate provision makes any conviction for a crime of domestic violence an independent ground for deportation. Because violating a protective order is a criminal offense in California, a single violation can trigger both grounds at once. A non-citizen on either side should talk to an immigration attorney before the hearing, because even agreeing to the order can affect pending applications or status.
Enforcing a California Order Outside the State
If the restrained person leaves California, the order still works. The federal Violence Against Women Act requires every state and tribal jurisdiction to enforce qualifying protective orders from other courts as if they had issued them.16California Courts. Overview – Domestic Violence Restraining Orders – Enforcement Issues Carry a certified copy of the order when traveling across state lines so out-of-state officers can verify it quickly.
Fees and Interpreters
There is no filing fee for a domestic violence, civil harassment, or juvenile restraining order petition in California. The local sheriff’s office can usually serve the papers at no cost. If other court costs come up, a fee waiver application is available.
Under Evidence Code section 756, any party who does not speak English proficiently is entitled to a court-appointed interpreter in civil proceedings at no charge, and protective order cases get the highest priority when interpreter resources are limited.