How to File a Restraining Order in Orange County

To file a restraining order in Orange County, you complete the Judicial Council forms that match your situation, submit them to the Superior Court clerk, and ask a judge to issue immediate protection. For domestic violence cases, paperwork goes to the Family Law Clerk’s Office in Room 706 of the Lamoreaux Justice Center in Orange, and anything filed by 2:00 p.m. on a weekday gets reviewed by a judge the same day.¹ Domestic violence orders carry no filing fee, and the fee for a civil harassment order is waived when your petition alleges violence, stalking, or threats.²

Pick the Right Type of Order

Before you touch the forms, identify which type of order fits your situation, because each uses different forms and may go to a different courthouse.³ Most people filing on their own will use one of the first two below.⁴

A Domestic Violence Restraining Order (DVRO) covers abuse by a spouse, ex, co-parent, or close family member such as a parent, sibling, or grandparent. Aunts, uncles, and cousins do not qualify.
A Civil Harassment Restraining Order (CHRO) covers harassment, stalking, or threats from someone without that close or dating relationship, such as a neighbor, roommate, coworker, or stranger.
An Elder or Dependent Adult Abuse Restraining Order protects people 65 or older, or dependent adults with certain physical or mental limitations, from abuse or neglect.
A Workplace Violence Restraining Order is filed by an employer to protect an employee. Individual employees cannot file this type on their own.
A Gun Violence Restraining Order (GVRO) prevents a specific person from having or buying firearms and ammunition. It has no stay-away or no-contact provisions and can be requested by law enforcement, an immediate family member, an employer, or certain coworkers and school employees.⁵

Gather Evidence and Complete the Forms

The strength of your request depends on how clearly you can describe what happened and back it up. Pull together police reports, medical records, photos of injuries or property damage, screenshots of threatening texts or social media messages, and any relevant emails. If someone witnessed an incident, ask whether they would be willing to write a statement or come to the hearing.

For each incident, write down the date, time, location, and what happened in plain language. Judges review dozens of these petitions, and specific detail is what separates a request that gets granted from one that stalls. “He threatened to hurt me on March 12 at 7 p.m. outside my apartment” is far more useful than “He is always threatening me.”

The starting form depends on the type of order. For domestic violence, use the Request for Domestic Violence Restraining Order (Form DV-100).⁶ For civil harassment, use the Request for Civil Harassment Restraining Order (Form CH-100).⁷ Both are free to download on the California Courts website and available in paper at Orange County’s Self-Help Centers. Each form walks you through describing the incidents, explaining why you need protection, and specifying exactly what orders you want the judge to issue. Fill in every section that applies. Blank or vague sections give the judge less to work with.

Where to File in Orange County

Domestic violence paperwork is filed at the Lamoreaux Justice Center in Orange, in the Family Law Clerk’s Office, Room 706 on the 7th floor. To get same-day judicial review, file no later than 2:00 p.m., Monday through Friday.⁴ If you want free, in-person help with the forms, arrive before 8:30 a.m. and go to the Domestic Violence Assistance Program office in Room 705 on the same floor.¹

Civil harassment restraining orders are generally filed at the Central Justice Center in Santa Ana. Confirm the correct location with the court’s self-help center or website if you need a different type of order.

Filing Fees and Fee Waivers

There is no filing fee for a domestic violence restraining order. A civil harassment restraining order runs approximately $435 to $450, but that fee is waived entirely if you allege violence, stalking, or threats of violence.² If a fee still applies and you cannot afford it, file a Request to Waive Court Fees (Form FW-001) with your petition. You qualify if you receive certain public benefits, have a low income, or lack enough income to cover basic needs plus court costs.⁸

What Happens After You File

The Judge Reviews Your Request for a Temporary Order

Once you submit your paperwork, a judge decides whether to grant a Temporary Restraining Order (TRO) for immediate protection while you wait for the full hearing. A TRO lasts up to 21 days, or up to 25 days if the court extends the hearing timeline for good cause.⁹

A denial does not end your case. The court is still required to hold a hearing on your petition, and the judge must state reasons for denying temporary protection. You can present your full case at the hearing and ask for a long-term order.

Serving the Other Party

Before the hearing can proceed, the restrained person must be formally notified through service of process. Without proof of service, the court cannot move forward with a long-term order.

Someone over 18 who is not a party to the case must hand-deliver the papers. Options include the Orange County Sheriff’s Department, a professional process server, or any uninvolved adult. The Sheriff serves domestic violence and elder abuse TROs at no charge. For civil harassment orders, the Sheriff charges $40 for successful service, waived if you have a fee waiver or the court orders free service.¹⁰

After delivery, the server completes a Proof of Service form, and you file it with the court as soon as possible. If service has not been completed before the hearing date, you may need to ask for a continuance.

The Court Hearing

At the hearing, both sides get a chance to speak. The judge typically asks the person requesting the order to go first. You explain the facts supporting your case, the other party responds, and both sides can bring witnesses and present evidence such as photographs, messages, or recordings.¹¹

Bring three copies of every document you want the judge to see: one for you, one for the other side, and one for the court file. If you have audio or video recordings, check with the self-help center before your hearing, because some judges require a written transcript. Plan for the hearing to take an entire morning or afternoon depending on the court’s calendar.

If your case involves child custody, the judge will require both parties to meet separately with a mediator to discuss a parenting plan before the custody portion is decided. For a civil harassment order, the judge applies a clear and convincing evidence standard, meaning you must show it is highly probable that the harassment occurred.⁹

If the judge grants your request, the order can last up to five years. When no expiration date appears on the order, it defaults to three years.⁹

What You Can Ask the Order to Include

The judge tailors the order to your situation, and the range of available protections is broader than most people realize. Under a DVRO, the court can order the restrained person to stay a specified distance from you, your home, your workplace, and your children’s school. The order can also prohibit all contact, whether in person, by phone, by mail, or through third parties.¹²

A judge may also grant exclusive care and control of pets to the protected party, order the restrained person to move out of a shared residence, set temporary child custody and visitation terms, and prohibit destruction of personal property. Check every box on your forms that reflects what you need. Judges can only grant what you ask for.

Firearm Surrender After the Order Is Served

Once the order is served, the restrained person must give up all firearms and ammunition. If law enforcement serves the order and knows the person has weapons, the officer will ask for them on the spot. Otherwise, the restrained person has 24 hours to surrender firearms to local law enforcement or sell or transfer them to a licensed gun dealer.¹³ Within 48 hours of being served, they must file a receipt proving the firearms were turned in, one copy to the court and another to the serving agency. Failing to file that receipt on time is itself a violation. This applies to both temporary and long-term orders.

If the Order Is Violated

Intentionally violating a restraining order is a misdemeanor in California, punishable by up to one year in county jail, a fine of up to $1,000, or both. If the violation causes physical injury, the penalties increase to a fine of up to $2,000 and a minimum of 30 days in jail.¹⁴ If someone violates your order, call 911. Do not try to enforce it yourself. Law enforcement can arrest the person on the spot, and the incident creates a record that supports future proceedings.

Renewing the Order Before It Expires

A restraining order does not renew automatically. You can apply for renewal up to three months before the expiration date, and you should not wait until the last minute, because processing delays could leave a gap in your protection.¹⁵

For a DVRO renewal, file a Request to Renew Restraining Order (Form DV-700) with a Notice of Hearing (Form DV-710). The court sets a hearing date, and your existing order automatically extends until that date. At the hearing, the judge decides whether to renew for five or more years, and you do not need to prove that new abuse has occurred. If the restrained person contests the renewal, the court schedules a hearing within 21 days of their request.

Civil harassment renewal follows a similar pattern. The request must be filed within three months of expiration, and the renewed order can last up to five additional years without a showing of further harassment.⁹ If your order has already expired, you cannot renew it and will need to start over with a new petition.

If You Move Out of State

A California restraining order remains enforceable if you or the restrained person travels or moves. Under federal law, every state, tribe, and territory must honor a valid protection order issued anywhere in the United States, without re-service and without registering the order in the new state, though carrying a certified copy is strongly recommended so local law enforcement can verify and enforce it quickly.¹⁶

1
Superior Court of California, County of Orange. Domestic Violence and Restraining Orders
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California Courts. File Your Request for Civil Harassment Restraining Orders
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California Courts. Types of Restraining Orders
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Superior Court of California, County of Orange. Restraining Orders
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California Courts. Gun Violence Restraining Orders in California
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California Courts. Request for Domestic Violence Restraining Order (DV-100)
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California Courts. Request for Civil Harassment Restraining Orders
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California Courts. Request to Waive Court Fees (FW-001)
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California Legislative Information. California Code of Civil Procedure CCP 527.6
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Orange County Sheriff’s Department. Service Fees for Serving Restraining Orders
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California Courts. Prepare for Your Restraining Order Court Date
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California Legislative Information. California Family Code 6320
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California Legislative Information. California Family Code FAM 6389
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California Legislative Information. California Penal Code 273.6
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California Courts. Ask to Renew a Restraining Order
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Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders