To file a restraining order in California, identify which of the four order types fits your relationship with the other person, complete the matching Judicial Council form at your county’s Superior Court, ask a judge to issue a temporary order, arrange for someone else to personally serve the paperwork on the restrained person, and show up for the hearing with your evidence. The process is designed so you can do it without a lawyer, and most people do.
Pick the Right Type of Order
California has four restraining orders, and the court will reject your petition if you file the wrong one. The type depends almost entirely on your relationship to the person you want restrained.
- A Domestic Violence Restraining Order (DVRO) is for someone you have a close personal relationship with: a spouse or former spouse, someone you live with or used to live with, a dating partner, the other parent of your child, or a close relative.1Justia. California Code Family Code 6200-6219
- A Civil Harassment Restraining Order (CHRO) is for people without that close relationship, such as a neighbor, a roommate you never dated, or a stranger.2eLaws. California Code of Civil Procedure 527.6
- An Elder or Dependent Adult Abuse Restraining Order is available to people 65 or older, or to dependent adults between 18 and 64 whose physical or mental limitations restrict their ability to carry out normal activities or protect themselves.3California Legislative Information. California Welfare and Institutions Code 15657.03
- A Workplace Violence Restraining Order (WVRO) is filed by an employer or collective bargaining representative on behalf of an employee. An individual employee cannot file this one on their own behalf.4California Legislative Information. California Code of Civil Procedure 527.8
The most common filing mistake is asking for a civil harassment order against an ex-partner or family member when the law requires a domestic violence order for that relationship.
What You Have to Show the Judge
Each order has its own legal standard, and the forms will ask you to describe what happened. Knowing the standard tells you what to emphasize.
For a domestic violence order, abuse is defined broadly. It includes intentionally or recklessly causing bodily injury, sexual assault, and putting someone in reasonable fear of serious bodily harm.5California Legislative Information. California Family Code 6203 It also covers stalking, repeated harassing calls, destroying personal property, and disturbing your peace.6California Legislative Information. California Family Code 6320 The statute is explicit that abuse is not limited to physical injury.
For a civil harassment order, you have to show unlawful violence, a credible threat of violence, or a pattern of conduct that seriously alarmed or harassed you and served no legitimate purpose. The conduct must be severe enough that a reasonable person would suffer substantial emotional distress, and it must have actually caused you that distress.2eLaws. California Code of Civil Procedure 527.6 A single rude exchange will not meet this standard; a sustained campaign of intimidation will.
Elder and dependent adult abuse orders cover physical abuse, neglect, financial exploitation, abandonment, isolation, and other mistreatment causing physical harm or mental suffering.3California Legislative Information. California Welfare and Institutions Code 15657.03 Workplace violence orders require harassment, unlawful violence, or a credible threat of violence connected to the workplace.4California Legislative Information. California Code of Civil Procedure 527.8
Gather Your Information and Evidence
A judge decides your case on what you put in front of them. Vague descriptions of feeling unsafe will not carry it. Specifics will.
Collect the basic identifying information first: full legal names and, if you have them, addresses and dates of birth for both you and the person you want restrained. Then write out each incident with the exact date, time, location, and what happened. Specificity makes your account credible.
Supporting evidence strengthens the case:
- Police reports from any incidents you reported
- Medical records documenting injuries
- Photos and video of injuries, property damage, or the person showing up where they should not be
- Screenshots of threatening texts, voicemails, emails, and social media messages, with timestamps
- Names and contact details for witnesses
You do not need all of this to get an order. A judge can issue one based solely on your sworn written statement if it is detailed and credible.7California Legislative Information. California Family Code 6300 More evidence helps, especially at the full hearing where the other side will respond.
File the Forms at the Superior Court
Each order type has its own request form. Domestic violence uses Form DV-100. Civil harassment uses Form CH-100. Elder abuse uses Form EA-100. Workplace violence uses Form WV-100. The forms are available at any California Superior Court clerk’s office and on the California Courts website.8California Courts. Restraining Orders
Take the completed forms to the clerk’s office in the Superior Court for the county where you live or where the abuse happened. Some courts also accept electronic filing. The clerk processes your paperwork and routes it to a judge, often the same day. If the judge finds your statement shows a reasonable basis for protection, the court can immediately issue a temporary restraining order that holds until your full hearing. The hearing is typically scheduled within about three weeks.
In your request you will check boxes for the specific protections you want. A domestic violence order can require no contact, a stay-away distance, move-out from a shared residence, and no destruction of your property, and it can cover indirect contact through third parties, mail, email, or social media. It can give you exclusive care of pets.6California Legislative Information. California Family Code 6320 In domestic violence cases it can also address temporary custody, child support, spousal support, and who stays in the family home. Civil harassment orders carry the stay-away and no-contact pieces but not the family law pieces.
Filing Fees
Domestic violence, elder abuse, and workplace violence requests have no filing fee. Civil harassment petitions that involve violence, threats of violence, or stalking also have no fee. A civil harassment petition that does not allege violence or a credible threat costs $435 to file.9Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026 If you cannot afford the fee, Form FW-001 lets you request a waiver based on public benefits or low income.10California Courts Self-Help Guide. Request to Waive Court Fees FW-001
Have the Other Party Served
Once the court issues a temporary order and sets a hearing, the restrained person must receive formal notice. California does not let you deliver the papers yourself. Someone at least 18 years old who is not a party to the case has to personally hand the documents to the restrained person. That can be a friend, a relative, a professional process server, or a sheriff or marshal.
Professional process servers generally charge between $45 and $125 depending on how hard the person is to find. Sheriff departments also perform service, often for a modest fee. In domestic violence cases, many sheriff departments do it at no charge.
After the papers are delivered, the person who served them completes a Proof of Personal Service form (Form DV-200 in domestic violence cases) and files it with the court before your hearing.11Judicial Council of California. DV-200-INFO What Is Proof of Personal Service If you cannot prove service, the judge will postpone the hearing and reissue the temporary order so you can try again. Cases can drag for months when the restrained person actively avoids service.
Go to the Hearing
The hearing is where a judge decides whether to grant a longer-term order. Both sides can present evidence, call witnesses, and make arguments. If you have an attorney, they can speak for you. If you do not, you represent yourself, which is common.
Bring every piece of evidence you have, organized, with extra copies for the judge and the other side. Coordinate your witnesses so they are available when your case is called. Courts run behind sometimes, so plan to wait.
If the judge grants your request, the resulting order can last up to five years.12California Courts. The Restraining Order Process for Domestic Violence Cases An order with no specific expiration date defaults to three years. If the other party does not show up, the judge can still issue the order against them.
Firearm Surrender by the Restrained Person
Once a California protective order is in effect, the restrained person is prohibited from owning, possessing, purchasing, or receiving any firearm or ammunition for the entire duration of the order. If an officer serves the papers and the person has weapons, the officer will request immediate surrender on the spot. If service happens another way, the restrained person has 24 hours to turn firearms over to local law enforcement or sell or store them with a licensed gun dealer, and 48 hours to file a receipt with the court and the serving agency. Failing to file that receipt is itself a violation of the order.13California Legislative Information. California Family Code 6389
If the Order Is Violated
Violating a restraining order in California is a criminal offense. A first violation is a misdemeanor carrying up to one year in county jail and a fine of up to $1,000. A violation that causes physical injury carries a 30-day minimum and a maximum fine of $2,000. A second violation within seven years that involves violence or a credible threat can be charged as a felony.14California Legislative Information. California Penal Code 273.6 If someone violates your order, call 911. Do not try to enforce it yourself. Your order is in a statewide database officers can check in real time, so law enforcement can arrest the violator on the spot.
Renewing or Changing the Order
A restraining order does not renew automatically. If yours is approaching its expiration date, file a renewal request. You can submit it up to three months before the order expires, but not after. If you miss the window, the order lapses and you start over with a new petition. A renewed order lasts at least five more years, and the judge can make it permanent.12California Courts. The Restraining Order Process for Domestic Violence Cases
To get a renewal, you have to show a reasonable fear of future abuse. You do not have to prove new acts since the original order was issued. If the restrained person contests the renewal, the court holds a hearing.
Either party can also file to modify or terminate an existing order before it expires. Only the court can change or end an active order; the parties cannot agree to waive it on their own.
Where to Get Free Help
You do not need a lawyer, but you do not have to do this alone. Every Superior Court in California has a free self-help center where staff explain your options, help you fill out the forms, and walk you through the process.15California Courts. Get Free or Low-Cost Legal Help Self-help staff cannot represent you in court, but they can make sure your paperwork is complete before you file.
Legal aid organizations across the state provide free representation in restraining order cases for people who qualify by income. You can search programs through LawHelpCalifornia.org. Many public law libraries run free workshops and Lawyer in the Library programs where you can get guidance from an attorney at no cost.15California Courts. Get Free or Low-Cost Legal Help Domestic violence advocacy organizations often provide court accompaniment, safety planning, and connections to legal representation for abuse survivors.