To get a temporary restraining order in California, you file a petition at the Superior Court in the county where the harassment or abuse happened, describe the specific incidents and attach any evidence, and ask a judge to issue same-day protection. Filing is free. If the judge finds you face immediate harm, the TRO is granted before the other person is even notified and stays in effect until a full hearing, usually within about three weeks.
Pick the Right Type of Order First
California has four categories of restraining orders, and each uses different forms and applies to different relationships. Filing under the wrong category can delay your case or get your petition denied outright.
- Domestic violence. Abuse from a spouse, former spouse, someone you live or lived with, a dating partner, or a close family member including parents, children, siblings, and in-laws. File on Form DV-100.1Courts.ca.gov. DV-100 Request for Domestic Violence Restraining Order
- Civil harassment. Stalking, threats, or a pattern of intimidating behavior from someone you don’t have a close relationship with, such as a neighbor, roommate, acquaintance, or stranger. File on Form CH-100.2Judicial Branch of California. Request For Civil Harassment Restraining Orders
- Workplace violence. Filed by an employer or union representative on behalf of an employee facing credible threats or violence connected to the workplace.3California Legislative Information. California Code of Civil Procedure 527.8
- Elder or dependent adult abuse. Protects seniors (65 and older) and dependent adults from physical abuse, neglect, financial exploitation, or other harmful conduct.4California Legislative Information. California Code 15657.03 – Civil Actions for Abuse of Elderly or Dependent Adults
The domestic violence category is broader than most people expect. If you have any close family connection to the person threatening you, the DV petition is almost certainly the right form.
File Your Petition at the Superior Court
You file at the Superior Court in the county where the harassment or abuse happened. The petition asks you to describe the incidents in detail, including dates, locations, and exactly what the other person said or did. Attach any supporting evidence: screenshots of threatening messages, photos of injuries, medical records, or police reports.
Specifics matter. Vague descriptions like “they keep bothering me” give a judge very little to work with. Dates, direct quotes of threats, and documented incidents give the judge a reason to act.
Filing is free for all four types of restraining orders. If your case leads to additional court costs later, you can request a fee waiver on Form FW-001 if you receive public benefits, have low income, or cannot afford court fees and basic household expenses at the same time.5California Courts. Information Sheet on Waiver of Superior Court Fees and Costs FW-001-INFO
Once you submit the petition, the clerk assigns a case number and sends it to a judge. Judges typically review TRO requests the same day or within 24 hours. If the judge finds enough evidence that you face immediate danger, the TRO is granted right then, without notice to the other side. If the judge denies the TRO, you can still proceed to the full hearing.
Most courts accept in-person filing. Some counties also allow electronic filing, but local rules vary. For an emergency outside court hours, contact local law enforcement, who may be able to reach an on-call judge in extreme situations.
Ask for Every Protection You Need
Judges can only order protections you specifically request in your petition, and adding provisions later requires a separate motion. A TRO can include:
- Personal conduct orders. The restrained person cannot contact you, harass you, threaten you, or destroy your property.
- Stay-away orders. The restrained person must keep a specified distance from you, your home, your workplace, your car, and your children’s school or childcare.
- Move-out orders (domestic violence only). If you live together, the judge can order the restrained person to leave the shared residence, even if they are on the lease or title.
- Child custody and visitation (domestic violence only). The judge can make temporary custody and visitation orders as part of the TRO.
- Property control. The judge can grant you temporary use of a shared vehicle, give you exclusive access to certain property, or order the restrained person not to transfer or hide assets.
Have the Papers Served
The TRO is not enforceable until the restrained person has been formally served. You cannot serve the papers yourself. Someone 18 or older who is not involved in the case must hand-deliver them.6Judicial Branch of California. Having Someone Other Than the Sheriff Serve Your Restraining Order
For domestic violence cases, the county sheriff will serve the papers for free. You just need to provide the restrained person’s address or a location where they can be found.7Judicial Branch of California. Sheriff Serves Your Request for a Restraining Order For civil harassment cases, you can also ask the sheriff, use a professional process server, or have any adult who is not a party to the case handle delivery.
The restrained person must receive the TRO itself, the Notice of Court Hearing (Form DV-109 for domestic violence or CH-109 for civil harassment), the response form so they can file their side, and any supporting documents.8Judicial Council of California. DV-109 Notice of Court Hearing After service, the server fills out a proof-of-service form (DV-200 or CH-200) and files it with the court. The hearing cannot go forward without proof of service on file.
If the restrained person is avoiding service, you can ask the judge to approve alternative methods like service by mail. That requires a separate request and judicial approval, and it eats into your timeline before the hearing.
The Hearing That Follows
The TRO is temporary. It lasts only until the full hearing, typically 21 to 25 days later. For civil harassment cases, the statute requires the hearing within 21 days, or 25 days if the court finds good cause for a short extension.9California Legislative Information. California Code of Civil Procedure CCP 527.6 Domestic violence cases follow a similar schedule.
At the hearing, both sides can present evidence, bring witnesses, and cross-examine each other. You do not need a lawyer, but you can bring one. The judge looks at declarations, police reports, witness testimony, photos, messages, and the restrained person’s response.
The evidence standard depends on which type of order you filed. Civil harassment cases require “clear and convincing evidence” that harassment occurred before the judge issues a longer-term order. Domestic violence cases use the lower “preponderance of the evidence” standard, meaning the judge only needs to find abuse more likely than not.10California Courts. Domestic Violence Restraining Orders Benchguide If your case involves a neighbor or acquaintance, you will need stronger documentation than if it involves a spouse or partner.
The restrained person can file a written response before the hearing using Form DV-120 or Form CH-120.11California Courts. CH-120 Response to Request for Civil Harassment Restraining Orders If they don’t appear at the hearing at all, the judge will typically grant the long-term order by default. If the judge grants a longer-term order, it can last up to five years.
What Happens If the Order Is Violated
Once the restrained person has been served, the TRO is enforceable. Violating any restraining order in California is a misdemeanor, punishable by up to one year in county jail, a fine of up to $1,000, or both.12California Legislative Information. California Penal Code 273.6 Penalties escalate if the violation causes injury or repeats.
All restraining orders are entered into the California Law Enforcement Telecommunications System (CLETS), which lets officers anywhere in the state instantly verify an active order.13California Courts. CLETS-001 Confidential Information for Law Enforcement If you believe the restrained person has violated the order, call the police. Officers can arrest on the spot if they find probable cause. Save voicemails, text messages, security camera footage, and witness contact information.
Free Help Filling Out the Forms
Every Superior Court in California has a free self-help center staffed with people who can explain the process, help you fill out forms, and walk you through what to expect at the hearing. They cannot represent you in court or give strategic legal advice, but they can make sure your paperwork is complete and filed correctly.14Judicial Branch of California. Get Free or Low-Cost Legal Help
Legal aid organizations handle restraining order cases for low-income individuals, and you can search for programs at LawHelpCalifornia.org. Many county public law libraries offer free workshops and “Lawyer in the Library” sessions. For domestic violence situations, local shelters and advocacy organizations often have legal advocates who can accompany you to court.