How to File an Injunction in California: Forms, Bond, and Hearing

To file an injunction in California, you submit your paperwork to the superior court in the county where the harm occurred or where the other party lives, pay a $435 filing fee (or nothing, if you’re filing a civil harassment petition alleging violence, stalking, or threats), have the other party served by someone other than you, and then present your case at a hearing. The exact forms and timeline depend on which type of injunction fits your situation.

Choose the Right Type of Injunction First

Filing the wrong kind of paperwork is the most common early mistake, so start here.

A civil harassment restraining order under Code of Civil Procedure section 527.6 is the streamlined track for individuals dealing with harassment, stalking, threats of violence, or a pattern of conduct causing substantial emotional distress from someone who is not a close family member or former romantic partner. The court schedules a hearing within 21 to 25 days, and if your petition alleges violence, stalking, or threats of violence, there is no filing fee and no fee for sheriff service.¹

A general preliminary injunction is part of a broader civil lawsuit. You’re already suing (or about to sue) over a contract, property, or business dispute, and you need the court to freeze the situation while the case moves forward. This route requires a full complaint, a legal brief, and follows the standard noticed-motion timeline. The filing fee is $435.²

Inside either track, you can also ask for a temporary restraining order, which is the emergency option. A TRO can be issued the same day you file if you show serious, irreparable harm before a hearing can be scheduled. In civil harassment cases it lasts up to 21 days, or 25 if the court extends the hearing.¹ For general civil injunctions, the follow-up hearing must happen within 15 days of the TRO, or 22 days if the court finds good cause.³

One boundary worth naming: if the person you need protection from is a current or former spouse, dating partner, or close family member, you belong on the domestic violence track under Family Code section 6300, not the civil harassment track. Elder abuse and workplace violence also have their own separate forms and rules.

Prepare Your Forms and Evidence

Civil Harassment Restraining Order

File Form CH-100 (Request for Civil Harassment Restraining Orders).⁴ The form walks you through who you need protection from, what they did, and what orders you want. You’ll write a declaration under penalty of perjury describing the harassment. Be specific: dates, locations, exact words used, exact actions taken, and any witnesses. Vague statements like “they’ve been harassing me for months” won’t carry the petition. Judges want concrete incidents.

Attach the evidence you have. Screenshots of threatening messages, photos of property damage, police reports, medical records, and witness statements all help. If you’re requesting a TRO along with the petition, the judge will review your paperwork and rule the same day you file, or the next business day if you file late in the afternoon.¹

General Preliminary Injunction

The paperwork here is heavier:

A civil complaint. This is the underlying lawsuit itself, filed first or at the same time as your injunction request.
A declaration. A sworn statement laying out the facts in chronological order, signed under penalty of perjury. This is the heart of your factual case.
A memorandum of points and authorities. A legal brief citing statutes and cases that support your request, explaining how your facts meet the legal standard. Self-represented filers often struggle with this document, and it’s the strongest reason to consult an attorney before filing.⁵
A proposed order. A draft of the exact injunction you want the judge to sign.

Whichever track you’re on, the court needs to see specific facts showing real harm. Documents beat adjectives every time.

Where to File and What It Costs

File with the superior court clerk in the county where the harassment occurred or where the person you’re seeking the order against lives. The filing fee for an unlimited civil case, which covers most general injunctions, is $435. Riverside, San Bernardino, and San Francisco counties charge slightly more because of local surcharges.²

Civil harassment petitions are free to file when they allege violence, stalking, or threats of violence.¹ If your civil harassment case doesn’t involve those specific allegations, the standard fee applies. If you can’t afford the fee, submit a Request to Waive Court Fees (Form FW-001) based on your income or public benefits.⁶

Once the clerk accepts your paperwork, you get a case number and a hearing date. If you also requested a TRO, a judge reviews it right away, usually the same day.

Serve the Other Party

After filing, the other party has to be formally served with copies of everything you filed. You cannot serve the papers yourself. A neutral third party has to hand-deliver them: a professional process server, a sheriff’s deputy, or any adult who isn’t part of the case.

Service deadlines depend on which track you’re on:

Civil harassment restraining order: at least five days before the hearing.¹
General preliminary injunction (noticed motion): at least 16 court days before the hearing if served in person. Add 5 calendar days if served by mail within California, or 10 days if mailed out of state.⁷
TRO with order to show cause: within five days of the TRO being issued, or two days before the hearing, whichever is earlier.³

After service, the person who delivered the documents fills out a Proof of Service form (POS-040) recording when, where, and how service was completed.⁸ File that with the court before the hearing. Miss the service deadline on a TRO case and the court will dissolve the temporary order.³

Plan for the Injunction Bond

This one catches people off guard. When a court grants a preliminary injunction in a general civil case, the judge is required to make you post a bond (an “undertaking”) to protect the other party if the injunction turns out to be wrongly issued.⁹ The judge sets the amount based on the potential harm to the restrained party, and there’s no fixed formula.

You don’t pay the full face value out of pocket. You typically pay a surety company a premium, which runs from 1% to 10% of the bond amount depending on your credit and the underlying risk. If the other side objects to the bond as insufficient within five days of being served, the court can order you to increase it. Fail to post an adequate bond on time and the injunction dissolves.⁹

Several categories of filers are exempt, including parties in divorce or legal separation cases, applicants seeking domestic violence protective orders, and public entities.⁹ Civil harassment restraining orders under section 527.6 also follow their own rules and don’t typically involve an undertaking.

The Hearing

At the hearing, the judge decides whether to grant the preliminary injunction or, in a civil harassment case, the restraining order after hearing. You go first. Bring copies of everything you filed plus any evidence you’ve gathered since. Summarize the key facts from your declaration rather than reading it aloud. The judge has already read your paperwork; the goal is to answer questions and highlight what matters most.

The other side then responds with their own evidence, witnesses, and arguments. In civil harassment cases, the judge can also ask independent questions of either party.¹

After both sides are heard, the judge grants the injunction, denies it, or continues the hearing for more evidence. If the injunction is granted in a general civil case, the judge also sets the bond amount at this point. Specific and factual presentations tend to succeed. Emotional or rambling ones don’t.

After the Order: Violations and Appeals

A California injunction is a court order. Willfully disobeying it is contempt of court and a misdemeanor, carrying up to one year in county jail, a fine of up to $1,000, or both. If the violation causes physical injury, a mandatory minimum of 48 hours in jail applies. A second or later violation within seven years involving violence or a credible threat of violence can be charged as a felony, with a state prison sentence of 16 months, two years, or three years.¹⁰ Carry a copy of your order at all times so responding officers can verify it on the spot.

Either side can appeal. California law allows appeals from an order granting, refusing to grant, dissolving, or refusing to dissolve an injunction, and the appeal goes to the Court of Appeal.¹¹ The standard filing deadline is 60 days from the date of the order. Filing an appeal does not automatically pause an injunction that’s already in place; getting it paused requires a separate stay.

1
California Legislative Information. California Code CCP 527.6
2
Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026
3
California Legislative Information. California Code CCP 527
4
California Courts. Request for Civil Harassment Restraining Orders (CH-100)
5
Judicial Branch of California. California Rules of Court 3.1113 – Memorandum
6
Judicial Branch of California. Request to Waive Court Fees (FW-001)
7
California Legislative Information. California Code CCP 1005
8
California Courts. Proof of Service – Civil (POS-040)
9
California Legislative Information. California Code CCP 529
10
California Legislative Information. California Penal Code 166
11
California Legislative Information. California Code CCP 904.1