How to Get a Restraining Order in Fresno, CA

To get a restraining order in Fresno, CA, you file a petition at the Fresno County Superior Court’s B.F. Sisk Courthouse at 1130 O Street, using the Judicial Council forms that match your situation. A judge can issue a Temporary Restraining Order (TRO) the same day based on your written declaration, and a full hearing is set roughly three weeks later to decide whether to grant a longer-term order lasting up to five years.

Pick the Right Type of Order

The forms you file, the fee, and who can serve the papers all depend on which type of order fits your situation.

A Domestic Violence Restraining Order (DVRO) is for abuse by someone you have or had a close relationship with: a current or former spouse or domestic partner, someone you dated, a cohabitant, the other parent of your child, or a close relative such as a parent, sibling, grandparent, or in-law.1California Courts. Domestic Violence Restraining Orders in California “Abuse” here is broader than physical violence. It includes sexual assault, threats, stalking, harassment, and coercive control like isolating you from family, monitoring your movements or finances, or depriving you of basic necessities.2California Legislative Information. California Family Code 6320

A Civil Harassment Restraining Order is for harassment by someone you don’t have a close relationship with, such as a neighbor, coworker, acquaintance, or stranger. You need to show either a credible threat of violence, an act of unlawful violence, or a pattern of conduct that serves no legitimate purpose and would cause a reasonable person substantial emotional distress.3California Legislative Information. California Code of Civil Procedure 527.6

An Elder or Dependent Adult Abuse Restraining Order protects anyone 65 or older, a dependent adult between 18 and 64 whose physical or mental limitations restrict normal activities, or anyone 18 to 64 admitted to a 24-hour health facility. It covers physical abuse, neglect, isolation, and financial exploitation.4California Courts. Elder or Dependent Adult Abuse Restraining Orders in California

A Workplace Violence Restraining Order can only be filed by your employer or union on your behalf; you cannot file this type yourself, though you can still file a DVRO or civil harassment order on your own.5Judicial Branch of California. Workplace Violence Restraining Orders in California Separate categories exist for gun violence, school violence, and retail crime; if nothing above fits, the court’s Self-Help Center can point you to the right one.6California Courts. Types of Restraining Orders

Where to File in Fresno and What It Costs

All restraining order petitions in Fresno County go to the B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Civil harassment matters are handled Monday through Thursday from 8 a.m. to 3 p.m. and Friday from 8 a.m. to noon.7Superior Court of California, County of Fresno. Civil Harassment

The courthouse’s first-floor Self-Help Center provides form packets and instructions in English and Spanish and can help you figure out which forms you need and fill them in. Walk-in hours are Monday from 9 a.m. to 2 p.m. and Tuesday through Wednesday from 9 a.m. to 1 p.m. Phone and email help is available Thursday and Friday from 9 a.m. to 3 p.m. Staff cannot give legal advice or represent you.8Superior Court of California, County of Fresno. Self-Help

Domestic violence orders have no filing fee, and the sheriff serves the papers for free. Civil harassment and elder abuse orders may carry a filing fee. If you can’t afford it, submit a fee waiver request (form FW-001) with your petition, and the court will decide based on your income and household size.

Build Your Evidence Before You File

The strength of your petition rides on specifics. Before you touch the forms, write down every incident you can remember with dates, times, locations, exactly what was said or done, and any witnesses. Pull together text messages, voicemails, emails, photos of injuries, police reports, and medical records. “They harassed me many times” carries far less weight with a judge than “on March 12 at 10 p.m., they sent 47 text messages threatening to hurt me, screenshots attached.”

Fill Out the Judicial Council Forms

Each type of order has its own form series. The primary request forms are:

Expect to fill out at least four forms to complete a packet. On the request form, describe the abuse or harassment and list the specific protections you want: stay-away distances, no-contact provisions, moving the other person out of a shared home, temporary custody, and so on. The Self-Help Center can walk you through which forms your packet needs.

File and Get a Same-Day TRO Decision

Bring your completed forms, plus copies, to the clerk’s office at the B.F. Sisk Courthouse. The clerk files the originals and stamps your copies. A judge then reviews your petition without the other party present, called an ex parte review, and this can happen the same day you file. The decision is based solely on your written declaration.10California Legislative Information. California Family Code 6300

If the judge grants a TRO, it takes effect immediately and stays in place until your court hearing. The hearing is usually set within about three weeks, and the date appears on your Notice of Court Hearing (DV-109 for domestic violence, CH-109 for civil harassment). If the judge denies the TRO, you still get a hearing date and can present your full case in person.

Serve the Other Party

You are legally responsible for making sure the respondent receives copies of the TRO and all filed documents before the hearing. Without proof of service, the judge cannot grant a long-term order.11California Courts. Sheriff Serves Your Request for a Restraining Order

You cannot hand the papers over yourself. The person who delivers them must be at least 18 and not involved in the case. Your options:

  • The Fresno County sheriff or a marshal. For domestic violence orders, this is free. Submit form SER-001 (Request for Sheriff to Serve Court Papers) with the respondent’s address or a location where they can be found.
  • A professional process server you hire.
  • Any other adult who is not listed on your petition and is not a witness.12California Courts. Having Someone Other Than the Sheriff Serve Your Restraining Order

After delivery, the server completes a Proof of Personal Service (DV-200 for domestic violence, CH-200 for civil harassment) and returns it to you. File that form with the court clerk before the hearing. If the respondent refuses to accept the papers, the server can leave them near the person and say what they are; service still counts. If the sheriff can’t locate the respondent after multiple attempts, you’ll get a Declaration of Due Diligence documenting the attempts, and you’ll need to ask the court to reschedule the hearing and try again.

The Hearing

The hearing is where you present your case directly to the judge. Both sides can speak, present evidence, and call witnesses. Bring everything: the text messages, photos, police reports, and medical records you gathered, plus any witnesses who can back up your account.

After hearing both sides, the judge decides whether to issue a restraining order after hearing, which replaces the TRO. If granted, the judge sets the specific protections and the duration, up to five years.13California Courts. What to Expect in the Courtroom If denied, any TRO you had expires right after the hearing. If the respondent doesn’t show up, the judge can still grant the long-term order based on what you’ve presented.

After the Order Is Issued

Firearm and Ammunition Surrender

Anyone subject to a California protective order, including a TRO, is immediately prohibited from owning, possessing, purchasing, or receiving firearms or ammunition for the entire time the order is in effect.14California Legislative Information. California Family Code 6389 If a law enforcement officer serves the order and it indicates weapons, the officer will ask for immediate surrender on the spot. If the order is served another way, the respondent has 24 hours to turn in all firearms and ammunition to local law enforcement or sell or transfer them to a licensed gun dealer. Within 48 hours of being served, they must file a receipt proving surrender or sale with both the issuing court and the serving agency. Failing to file that receipt is itself a violation.

If the Order Is Violated

Intentionally violating any provision of a restraining order is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both.15California Legislative Information. California Penal Code 273.6 If the violation causes physical injury, the fine rises to $2,000 and the judge must impose at least 30 days in jail, with limited room to reduce that minimum. A second conviction within seven years that involves violence or a credible threat of violence can be charged as a felony, and a second conviction within one year causing injury carries a mandatory minimum of six months. Enforcement in Fresno is handled by the Fresno Police Department and the Fresno County Sheriff’s Office. If someone violates your order, call 911.

Renewal and Duration

A restraining order issued after a hearing can last up to five years.16California Legislative Information. California Family Code 6345 If the form doesn’t state an expiration date, it defaults to three years from issuance. You can request a renewal within three months before the order expires. For domestic violence and elder abuse orders, the court can renew for five or more years, or permanently, without requiring any new abuse since the original order. Civil harassment renewals are capped at five additional years at a time.17California Legislative Information. California Code of Civil Procedure 527.6 Either party can also ask the court to modify or terminate the order before it expires.

If You’ve Been Served With a Petition

If you’re the respondent, every restriction in the TRO is binding the moment you receive it, no matter how strongly you disagree with the allegations. Follow the stay-away distances and contact prohibitions exactly. Violating the TRO before the hearing can bring criminal charges and will damage your credibility with the judge. You can file a written response using DV-120 (domestic violence) or CH-120 (civil harassment) before the hearing. If the petitioner has requested custody, visitation, or support, you’ll also need an Income and Expense Declaration (FL-150). Show up to the hearing. If you don’t, the judge will likely grant the long-term order based entirely on the petitioner’s account, and you’ll be bound by it for up to five years.