A stay away order in California is a court order that requires one person to keep a specified distance from another and to stop all contact, whether in person, by phone, by text, online, or through someone else. California doesn’t use a single statute for these orders. The right one for you depends on your relationship to the other person and whether a criminal case is already underway.
What the Order Actually Restricts
Two kinds of restrictions usually appear in the same order. The first is a ban on contact and conduct: no calls, texts, emails, social media messages, third-party messages, no destroying your property, and no disturbing your peace or threatening you.1California Legislative Information. Code of Civil Procedure 527.6 – Injunction
The second is physical distance. The judge sets a specific number of yards the restrained person must keep from you, your home, your workplace, your vehicle, and your children’s school or childcare. There is no fixed distance in the statute; judges commonly order 50 to 100 yards or more based on the facts.2California Courts. Guide to Protective Orders
Domestic violence orders can do more than civil harassment orders. A judge in a DV case can order the other person to move out of a shared home, grant temporary custody of children, and require the restrained person to stay away from the children’s schools and activities.
Which Order Fits Your Situation
Pick the wrong track and your paperwork gets rejected, so the relationship between you and the other person matters before anything else.
A civil harassment restraining order under Code of Civil Procedure 527.6 covers people who aren’t close family or romantic partners: neighbors, coworkers, acquaintances, strangers. You have to show unlawful violence, a credible threat of violence, or a pattern of conduct that would cause a reasonable person substantial emotional distress.1California Legislative Information. Code of Civil Procedure 527.6 – Injunction
A domestic violence restraining order under the Family Code applies when the other person is a current or former spouse, dating partner, cohabitant, or close family member. It’s the order that can also cover custody and property.
A criminal protective order under Penal Code 136.2 is different: you don’t file it yourself. The prosecutor asks for it in a pending criminal case, and the judge issues it as a condition of that case.2California Courts. Guide to Protective Orders
Two other tracks exist for narrower situations. Elder or dependent adult abuse orders are available under the Welfare and Institutions Code for people 65 or older and for dependent adults. Workplace violence orders under Code of Civil Procedure 527.8 are filed by an employer on behalf of an employee, not by the employee directly.
How to File
For a civil harassment case, the request is Form CH-100. For a domestic violence case, it’s Form DV-100. Both are free on the California Courts website and at any county courthouse self-help center.3California Courts. Request for Civil Harassment Restraining Orders (CH-100)4Judicial Council of California. Request for Domestic Violence Restraining Order (DV-100)
Have the other person’s full legal name ready, along with as much identifying detail as you can gather: age, date of birth, gender, race. A current home or work address matters because the papers must physically reach them for the case to move forward.
The description of what happened is what the judge actually reads. Vague statements about feeling unsafe carry very little weight. Be specific: dates, times, places, exactly what the person said or did, and how it affected you. Attach text messages, screenshots, emails, photos, and any police report numbers. Treat this section as a factual account, not a place to vent.
Domestic violence restraining orders have no filing fee. Civil harassment petitions may have a fee depending on the county, and Form FW-001 lets you apply for a waiver if you receive public benefits, have low income, or can’t afford basic living expenses after paying.
The Temporary Restraining Order
Once you file, a judge reviews your paperwork and decides whether to grant a Temporary Restraining Order. The statute requires that decision the same day you file, or the next business day if you filed too late for a judge to review it.1California Legislative Information. Code of Civil Procedure 527.6 – Injunction
A granted TRO protects you immediately and runs until the court hearing, which is set for 21 to 25 days after you file.1California Legislative Information. Code of Civil Procedure 527.6 – Injunction
Serving the Other Person
A TRO isn’t enforceable until the other person has been formally served with the court papers. This step derails more cases than any other.
You can’t hand the papers over yourself. Someone at least 18 years old who is not a party to the case has to personally deliver them.5Judicial Council of California. Proof of Personal Service (CH-200)
Your realistic options are a friend or family member who isn’t part of the case, a professional process server (usually $30 to $100), or the local sheriff or marshal. After delivery, the person who served the papers signs a Proof of Personal Service form (CH-200 for civil harassment cases) under penalty of perjury, and you file it with the court clerk before the hearing.5Judicial Council of California. Proof of Personal Service (CH-200)
Without proof of service on file, the judge can’t hold the hearing. If service didn’t happen in time, you can ask the court to reschedule the hearing and extend the TRO, but the longer-term order won’t issue until service is done.6California Courts. Sheriff, Marshal, or Other Peace Officer Serves Your Request for Restraining Order
The Hearing
At the hearing the judge decides whether to replace the TRO with a longer order. Both sides can appear, testify, and present evidence. The other person can bring their own evidence and argue against the order. As the person who filed, you carry the burden of proof.
Bring everything: printed text messages, emails, voicemails, photos, medical records, police reports, and any witnesses who saw what happened. Organized evidence beats emotional testimony every time. The judge looks at the severity and frequency of what you can document.
If the evidence supports it, the judge issues an Order After Hearing that replaces the TRO. It lists every restriction, every protected location, and the exact expiration date. Both parties receive copies, and the order goes into a statewide law enforcement database.
Penalties If the Order Is Violated
A first violation of a protective order issued under Code of Civil Procedure 527.6, the Family Code, or the Welfare and Institutions Code is a misdemeanor: up to a year in county jail, a fine of up to $1,000, or both.7California Legislative Information. Penal Code 273.6 – Violation of Protective Order
If the violation causes physical injury, the fine rises to $2,000 and the court must impose a minimum of 30 days in jail. A judge can reduce that minimum only if at least 48 hours are served and the reasons are stated on the record.7California Legislative Information. Penal Code 273.6 – Violation of Protective Order
Repeat violations get much worse. A second violation within seven years involving violence or a credible threat can be charged as a felony carrying state prison time. A second violation within one year that causes physical injury carries a minimum of six months in jail and a fine of up to $2,000.7California Legislative Information. Penal Code 273.6 – Violation of Protective Order
Firearms
A stay away order can trigger a federal firearm ban that catches many restrained people off guard. Under 18 U.S.C. ยง 922(g)(8), anyone subject to a qualifying protective order that restrains them from harassing, stalking, or threatening an intimate partner cannot purchase, possess, or transport firearms or ammunition. It’s a federal felony to violate, and it applies whether or not the state order says anything about guns.
The Lautenberg Amendment extends the same ban to anyone convicted of a misdemeanor crime of domestic violence, with no exemption for law enforcement or military personnel. A California expungement of a domestic violence conviction does not restore federal firearm rights. California courts can also order weapons surrendered as part of issuing the protective order, and local law enforcement can recover any that aren’t turned in.
How Long the Order Lasts and How to Renew It
A final civil harassment or domestic violence restraining order can last up to five years, with the exact length set by the judge. A criminal protective order under Penal Code 136.2 can last up to ten years.
If you still feel unsafe as the expiration approaches, you can file for a renewal. Use Form CH-700 for civil harassment cases and Form DV-700 for domestic violence cases.8California Courts. Request to Renew Restraining Order (DV-700)
File the renewal well before the current order expires so protection doesn’t lapse. The court will hold a hearing where you explain why the danger continues. A renewal can add another five years, and in some cases the court can make the order permanent. You don’t have to prove new incidents. A reasonable, continuing fear of future harm from the restrained person is enough.