To get a restraining order in Contra Costa County, you file a petition at one of the Superior Court’s three courthouses, a judge decides the same day or next business day whether to grant temporary protection, and both sides return for a hearing within about three weeks where the judge can issue an order lasting up to five years.
Pick the Right Type of Order First
The forms, the filing fee, and even who is allowed to file depend on your relationship to the other person and the kind of threat involved. Five categories exist in California:
- A domestic violence restraining order covers abuse by a spouse or former spouse, someone you live with or used to live with, someone you are or were dating, a co-parent, or a close relative by blood or marriage. “Abuse” is broader than physical violence and includes threats, harassment, and disturbing your peace through conduct like controlling behavior or destroying property.1California Legislative Information. California Family Code 62112California Legislative Information. California Family Code 6203
- A civil harassment restraining order covers threats from someone outside that circle, such as a neighbor, acquaintance, or stranger. The standard of proof is clear and convincing evidence, which is higher than most civil cases.3California Legislative Information. California Code of Civil Procedure 527.6
- An elder or dependent adult abuse restraining order is available to Californians 65 or older, and to dependent adults under 65 with certain physical or mental limitations, who face physical harm, financial exploitation, isolation, or neglect.4California Legislative Information. California Welfare and Institutions Code 15610.275California Legislative Information. California Welfare and Institutions Code 15657.03
- A workplace violence restraining order can only be filed by an employer or union representative on behalf of an employee facing workplace-related violence or threats. An employee cannot file this one directly.6California Legislative Information. California Code of Civil Procedure 527.8
- A gun violence restraining order does not set stay-away distances or restrict contact. It only bars the person from owning, buying, or possessing firearms or ammunition, and can be sought by law enforcement, family, employers, coworkers, and certain school personnel.7California Legislative Information. California Penal Code 18100
What the Order Can Require
A judge can tailor the order to your situation. In a domestic violence case, that can mean no contact of any kind, a specified distance from your home, workplace, and vehicle, moving out of a shared residence, no destroying your property, no stalking, and no harassing phone calls or messages by any method.8California Legislative Information. California Family Code 6320
If you share children, the order can set temporary custody and visitation. If you’re married, you can request spousal support. On a good-cause showing, the court can also give you exclusive care and possession of a household pet and order the restrained person to stay away from the animal.8California Legislative Information. California Family Code 6320
Forms and Writing the Petition
For a domestic violence order, the core packet includes:
- DV-100, Request for Domestic Violence Restraining Order
- CLETS-001, the confidential information sheet that puts the order into the statewide law enforcement database
- DV-109, Notice of Court Hearing
- DV-110, Temporary Restraining Order (the judge completes this one)
If you need custody, visitation, child support, or spousal support, additional forms attach to the packet.9California Courts. Fill Out Domestic Violence Restraining Order Forms For civil harassment, the main petition is CH-100. All forms are on the California Courts website or at any Contra Costa County courthouse clerk’s window.10California Courts. Request for Domestic Violence Restraining Order DV-100
Write the incidents in chronological order, with dates, times, and locations. Describe what the other person actually said or did rather than labeling the behavior (“they were threatening” is weaker than quoting the threat). Reference and attach any text messages, voicemails, emails, injury photos, or medical records. A vague petition is easy to deny; a specific one gives the judge something to act on when they read your file for the first time.
Where to File in Contra Costa County
Three courthouses accept restraining order filings:
- Wakefield Taylor Courthouse, 725 Court Street, Martinez
- George D. Carroll Courthouse, 100 37th Street, Richmond
- Richard E. Arnason Justice Center, 1000 Center Drive, Pittsburg
All three can be reached at (925) 608-1000.11Superior Court of California. Locations You can file in person, or submit domestic violence paperwork through the court’s e-filing system.12Superior Court of California. Electronic Filing for a DV Restraining Order
Domestic violence petitions have no filing fee.13California Courts. File Your Request for a Domestic Violence Restraining Order Civil harassment petitions do, but Form FW-001 waives the fee if you receive Medi-Cal, CalFresh, or SSI, if your household income is below the form’s threshold, or if paying would prevent you from covering basic living expenses. The waiver information stays confidential and is not shared with the other party.14California Courts. Ask for a Fee Waiver if You Cannot Afford Court Fees
The Superior Court’s self-help services cover domestic violence, civil harassment, and elder abuse petitions, and the public law library at the Martinez courthouse has computers, form packets, and guidebooks you can use for free.15Superior Court of California. Self-Help
After filing, a judge reviews the paperwork, usually the same day or the next business day, without the other party present. If the judge finds enough immediate risk, they sign a temporary restraining order (TRO) and set a hearing date, generally within about three weeks.16California Courts. The Restraining Order Process for Domestic Violence Cases
Serving the Other Party
The order has no legal force until the restrained person has been personally handed the court papers by someone other than you. The Contra Costa County Sheriff’s Civil Unit serves restraining orders, and in domestic violence cases that service is generally free to the petitioner.17Contra Costa Sheriff, CA. Civil Unit A professional process server or any adult uninvolved in the case can also deliver the papers.
Whoever serves the documents fills out a Proof of Personal Service form (DV-200 for domestic violence cases) that then gets filed with the clerk.18California Courts. Proof of Personal Service CLETS DV-200 The hearing cannot proceed without proof of service on file. If you’re having trouble locating the person, raise it with the court well before the hearing date.
The Hearing
At the hearing, both sides testify, and the judge decides whether to issue long-term protection. Bring everything: printed messages, emails, voicemails, photographs, medical records, police reports, and any witnesses willing to appear. Judges rely on what you present in the courtroom, not what you merely referenced in the paperwork.
You can usually appear remotely by video or phone. Give advance notice to the court and all parties, either by filing Form RA-010 (Notice of Remote Appearance) or by following the local court’s procedures. The judge can still require you to come in person if they think it would help resolve the case.19Judicial Branch of California. Rule 3.672 Remote Proceedings
If the judge grants the request, the resulting restraining order after hearing can last up to five years. If the order doesn’t specify a date, it defaults to three years.16California Courts. The Restraining Order Process for Domestic Violence Cases The order replaces any TRO and is entered into the California Law Enforcement Telecommunications System, so any officer in the state can verify it during a stop or call for service.20Judicial Branch of California. Confidential CLETS Information CLETS-001 Your date of birth can be entered into a federal database as well, which supports enforcement outside California.
Firearm Surrender
Once a protective order is issued, the restrained person must surrender all firearms and ammunition. If law enforcement asks for them during service, they are handed over on the spot. Otherwise, the person has 24 hours to either turn them in to local law enforcement or sell or store them with a licensed dealer. Within 48 hours, a receipt proving surrender must be filed with both the issuing court and the serving law enforcement agency. Missing that filing deadline is itself a violation of the order.21California Legislative Information. California Family Code 6389
A qualifying domestic violence restraining order after hearing also triggers a federal firearms ban under 18 U.S.C. 922(g)(8), which applies nationwide. Temporary ex parte orders generally do not, because the restrained person has not yet had a hearing.22Office of the Law Revision Counsel. 18 USC 922
If the Order Is Violated
Any intentional, knowing violation is a misdemeanor. A first offense carries up to one year in county jail, a fine up to $1,000, or both.23California Legislative Information. California Penal Code 273.6 It escalates from there:
- A first violation causing physical injury: a fine up to $2,000 and a mandatory 30 days in county jail, up to one year. A judge can reduce the 30-day minimum if the person serves at least 48 hours.
- A subsequent violation involving violence or a credible threat within seven years: up to one year in county jail or a state prison term.
- A subsequent violation causing physical injury within one year: a fine up to $2,000 and a mandatory six months in county jail, up to one year, or state prison. The six-month minimum can be reduced if the person serves at least 30 days.
These penalties apply across all restraining order types, including domestic violence, civil harassment, elder abuse, and workplace violence.24California Legislative Information. California Penal Code 273.6 If a violation happens, call 911. Enforcement is the job of law enforcement and the court, not yours.
If an Order Is Filed Against You
Being served does not mean a final order is in place. You can contest the petition at the hearing. For a civil harassment case, file Form CH-120 (Response to Request for Civil Harassment Restraining Orders) with the clerk and have someone 18 or older serve a copy on the petitioner or their attorney.25Judicial Council of California. Response to Request for Civil Harassment Restraining Orders CH-120 For domestic violence cases, the equivalent response is DV-120. You can also show up without filing a written response, but filing one gives the judge your side before the hearing starts.
If a TRO has been issued against you, comply with it immediately, including firearm surrender. Violating a temporary order while waiting for the hearing is a separate criminal offense. Fight the case in court, not by ignoring the paper.
Renewing or Changing the Order
A restraining order does not renew automatically. If you still need protection, file a renewal request up to three months before the order expires. At the renewal hearing, the judge can extend protection for five or more years, and in some cases make it permanent. You don’t need to prove new abuse to renew. If the order has already expired, renewal is no longer available, and you’d have to file a new petition from scratch.26California Courts. Ask to Renew a Restraining Order
Either party can also ask the court to change or end an active order before it expires using Form DV-300 (Request to Change or End Restraining Order) and Form DV-310 (Notice of Court Hearing). No fee. If custody or visitation terms are in play, mediation may be required before the hearing. The restrained person has the burden of showing that circumstances have changed enough to lift the protections.27California Courts. Ask to Change or End a Domestic Violence Restraining Order