To file a restraining order in California, you choose the type of order that matches your relationship with the other person, fill out the Judicial Council forms for that type, and submit them to the superior court in the county where the abuse or harassment happened. A judge usually decides on a temporary order within a day, and a full hearing is set about three weeks later to decide whether to grant a longer order lasting up to five years. Filing is free for domestic violence cases and for petitions alleging violence, stalking, or credible threats; a civil harassment petition based on non-violent conduct costs $435, and a fee waiver is available if you cannot afford it.
Pick the Right Type of Order
California has four categories of restraining orders, and picking the wrong one will delay your case.
- Domestic Violence Restraining Order (DVRO). For people you have or had a close relationship with: a spouse or ex-spouse, dating partner, the other parent of your child, a cohabitant, or a relative such as a parent, sibling, grandparent, or in-law. A DVRO can also include temporary child custody and support orders if you share children with the restrained person.1California Courts Self-Help Guide. Domestic Violence Restraining Orders in California
- Civil Harassment Restraining Order. For conflicts outside a close or domestic relationship: neighbors, landlords, coworkers, acquaintances, or more distant relatives like aunts, uncles, or cousins. The legal standard is conduct that would cause a reasonable person substantial emotional distress.2California Courts. Civil Harassment Restraining Orders in California3California Legislative Information. California Code of Civil Procedure 527.6 – Harassment
- Elder or Dependent Adult Abuse Restraining Order. For Californians 65 or older, or dependent adults 18 to 64 with physical or mental limitations affecting their ability to protect themselves. Covers physical, emotional, and financial abuse, and neglect.4California Courts. Elder or Dependent Adult Abuse Restraining Orders in California
- Workplace Violence Restraining Order. Only an employer or a collective bargaining representative can file this on behalf of an employee. If you’re the employee, you can’t file this one yourself; use a civil harassment or domestic violence petition instead depending on your relationship to the person.5California Courts. Workplace Violence Restraining Orders in California
Build Your Incident Log and Gather Their Information
Before you open any court form, write out a chronological log of every incident of abuse, threats, or harassment. Dates, times, locations, and what was actually said or done. Specifics carry weight with judges; “he threatened me several times” does not.
You also need the full legal name of the person you want restrained, and ideally a home or work address, because the court papers have to be delivered to them before the hearing.
Fill Out the Correct Forms
The forms depend on the type of order:
- Domestic violence cases start with form DV-100, Request for Domestic Violence Restraining Order. If you share children with the other person, additional forms let you request temporary custody and visitation orders.6California Courts Self Help Guide. Request for Domestic Violence Restraining Order
- Civil harassment cases start with form CH-100, Request for Civil Harassment Restraining Orders.7California Courts. Request for Civil Harassment Restraining Orders
The forms are free on the California Courts website. They walk you through describing the most recent incidents first, then the history of similar behavior. Be specific about physical harm, threats, stalking, or property destruction. The judge will likely make the initial decision based solely on what you write, so treat the form as your first and possibly only chance to explain what happened.
What Filing Costs
Domestic violence restraining orders are always free to file.8Superior Court of California. Statewide Civil Fee Schedule Civil harassment and workplace violence orders are also free when the petition alleges violence, stalking, or credible threats of violence.9California Courts. File Your Request for Civil Harassment Restraining Orders
The exception catches people off guard. A civil harassment petition based on a pattern of non-violent conduct, like repeated following or unwanted contact that causes substantial emotional distress but doesn’t involve direct threats of violence, costs $435 to file.8Superior Court of California. Statewide Civil Fee Schedule If you can’t afford that, ask the court for a fee waiver by submitting the request form at the time you file.
File and Get a Temporary Order
Take your completed forms to the clerk at the superior court in the county where the abuse or harassment occurred. You can usually file in person. After you file, a judge reviews the paperwork and decides whether to grant a Temporary Restraining Order (TRO), often the same day or the next business day.
A TRO is a short-term emergency order. It goes into effect immediately and lasts until your hearing, which is typically set about three weeks out. It can order the other person to stay a certain distance from you, have no contact with you, move out of a shared home, and surrender any firearms.1California Courts Self-Help Guide. Domestic Violence Restraining Orders in California
If the judge denies the TRO, your case isn’t over. A denial means the paperwork alone didn’t show enough urgency for immediate protection, but you still get your hearing and can present your full case in person. You can also refile with additional evidence if new incidents happen.
Serve the Restrained Person
Once you have your TRO and hearing date, the other person has to be formally served with copies of all the court papers. Without proper service, the judge cannot grant a long-term order at the hearing.10California Courts. Sheriff Serves Your Request for a Restraining Order
You cannot serve the papers yourself. Someone at least 18 years old who is not a party to the case has to hand-deliver them. For domestic violence cases, the county sheriff or marshal will do it for free.10California Courts. Sheriff Serves Your Request for a Restraining Order You can also hire a professional process server or ask a trusted friend or family member.
Check the service deadline printed on your court paperwork. It tells you how many days before the hearing the other person has to be served. Miss it, and the judge may have to postpone the hearing, leaving you with only the temporary order in the meantime.
The Hearing
The hearing is where the judge decides whether to grant a longer order. Both sides can attend, testify, and submit evidence. Bring everything that supports your case: photographs of injuries, screenshots of threatening messages, police reports, medical records, and any witnesses who saw the incidents.11California Courts. The Restraining Order Process for Domestic Violence Cases
The restrained person has the right to appear and argue against the order, sometimes with an attorney and a competing version of events. Organize your evidence beforehand and practice explaining the key incidents clearly and briefly. Judges hear many of these cases a day and appreciate concise accounts.
If the judge grants a long-term order, it can last up to five years.11California Courts. The Restraining Order Process for Domestic Violence Cases The order is entered into the California Law Enforcement Telecommunications System (CLETS), a statewide database that makes it enforceable by any California law enforcement officer.12Judicial Branch of California. California Rules of Court Rule 1.51 – California Law Enforcement Telecommunications System Information Form Keep a certified copy of the order with you at all times.
Firearm Surrender the Order Triggers
A California restraining order carries automatic firearm consequences under both state and federal law, and the penalties for noncompliance are steep.
Under state law, the restrained person has to surrender all firearms and ammunition within 24 hours of being served. They can turn the weapons over to local law enforcement or sell or transfer them to a licensed firearms dealer. Within 48 hours of service, they must file a receipt with the court proving surrender, plus a copy with the law enforcement agency that served the order. Failing to file the receipt on time is itself a violation.13California Legislative Information. California Family Code 6389 Possessing a firearm while knowing you are subject to a restraining order is a criminal offense punishable by up to a year in county jail, a fine of up to $1,000, or both.14California Legislative Information. California Penal Code 29825
Federal law adds a separate layer. Under 18 U.S.C. 922(g)(8), a person subject to a qualifying protective order cannot possess any firearm or ammunition. The order has to have been issued after a hearing where the restrained person had notice and an opportunity to participate, and it has to restrain the person from threatening or harassing an intimate partner or child.15Office of the Law Revision Counsel. 18 USC 922 Violating the federal prohibition carries up to ten years in prison.16Bureau of Alcohol, Tobacco, Firearms and Explosives. Protection Orders and Federal Firearms Prohibitions
If the Order Is Violated
If the restrained person violates any term of the order, call the police right away and have your certified copy ready to show the responding officers. Officers can arrest the person on the spot.
A first-time violation is a misdemeanor carrying up to a year in county jail and a fine of up to $1,000. If the violation causes physical injury, the minimum jail sentence is 30 days and the maximum fine doubles to $2,000. A second violation within seven years involving violence or a credible threat of violence can be charged as a felony, with potential state prison time.17California Legislative Information. California Penal Code 273.6
Document every violation, even the small ones. A single ignored text may not lead to an arrest, but a pattern of small violations builds a record that strengthens any future request for a longer or more restrictive order.
Renewing Before the Order Expires
A restraining order does not renew automatically. If you still need protection, you have to ask the court to extend it, and the window opens three months before the order’s expiration date.18California Legislative Information. California Family Code 6345 Don’t wait until the last minute. If the order expires first, you have to start the entire process over with a new petition.
The standard for renewal is lower than for the original order. You do not have to show that additional abuse has occurred since the first order. The court can renew for another five or more years, or make it permanent, at the judge’s discretion.18California Legislative Information. California Family Code 6345 A hearing is scheduled, the restrained person is served and given a chance to respond, and the judge decides based on the circumstances.19California Courts. How to Renew a Domestic Violence Restraining Order
Taking the Order Out of State
A California restraining order does not stop at the state line. Federal law requires every state, tribal government, and U.S. territory to recognize and enforce a valid protection order issued anywhere in the country, as long as the restrained person had notice and an opportunity to be heard.20Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders You do not have to register your order in another state for it to be enforceable there, though some states let you register it as a practical step. If you move or travel, carry your certified copy and let local law enforcement in the new area know it exists.