To get a restraining order in California, you need enough documented proof to convince a judge that the abuse, threats, or harassment you describe actually happened. For a domestic violence order the bar is “more likely than not”; for a civil harassment order it is noticeably higher. Either way, the proof needed for a restraining order in California is a combination of your sworn written account and whatever corroboration you can bring with it: messages, photos, police and medical records, and people who saw or heard what happened.
The Standard the Judge Will Apply
How much proof you need depends on which order you file.
A Domestic Violence Restraining Order (DVRO), which covers abuse by a current or former intimate partner, a close family member, or someone you live with, uses the “preponderance of the evidence” standard. That means you have to tip the scale just past 50%: it is more likely than not that the abuse occurred. California Evidence Code section 115 sets this as the default in civil cases, and courts apply it to DVROs.1Judicial Council of California. Judges Guide to Domestic Violence Restraining Orders A judge can grant a DVRO based on your written declaration and your own testimony alone, with no outside witnesses or physical evidence, though corroboration always strengthens the case.2California Legislative Information. California Family Code 6300
A Civil Harassment Restraining Order, used when the other person is not a partner, close relative, or household member (a neighbor, coworker, acquaintance, or stranger), requires “clear and convincing evidence” of unlawful harassment before a judge will issue a permanent order after a hearing.3California Legislative Information. California Code of Civil Procedure 527.6 That sits well above preponderance but below the criminal “beyond a reasonable doubt” standard. Practically, your evidence has to leave the judge with little real doubt.
California also offers Elder or Dependent Adult Abuse Restraining Orders, Workplace Violence orders filed by employers, and Gun Violence orders filed by law enforcement or immediate family. The proof principles below apply broadly, but the specific standard and forms differ for each.
Evidence That Carries Weight
The strongest cases combine several kinds of proof. Judges look for patterns and corroboration, not a single dramatic moment.
- A personal log of incidents. Write down each event with date, time, location, what was said, what was done, and anyone else present. A chronological record showing escalation is more persuasive than a general description.
- Text messages, emails, voicemails, and social media posts containing threats, insults, or harassing language. Print them with timestamps and sender information visible. Full threads carry more weight than isolated screenshots.
- Photographs and video. Photograph injuries like bruises or scratches as soon as possible after an incident, with your phone’s timestamp enabled. Photograph property damage. Video of threatening behavior, if you can capture it safely, is among the most compelling proof a judge can see.
- Police reports. Even without an arrest, a report shows you treated the situation seriously enough to involve law enforcement. Request a copy of anything on file.
- Medical records. Treatment records tie physical harm to a specific date. Ask your doctor’s office for copies.
- Witness information. Names and contact details for anyone who saw or heard the abuse. A neighbor who heard screaming, a friend who saw bruises, or a coworker who overheard a threatening call can testify at your hearing.
Making Digital Evidence Hold Up
Texts and social media are only useful if the judge trusts they are genuine. The most common challenge at a hearing is the other side claiming a message was never sent or was fabricated. Keep the original data on your phone rather than screenshotting and deleting the thread, and keep the device available in case the judge or opposing counsel wants to look at the original.
When you print messages, include the surrounding conversation so the context is visible, not just the single damaging line. The printout should show the other person’s number or username, the date and time of each message, and enough of the thread that nothing looks pulled out of order. For threatening voicemails, save the audio on your phone and also write out a transcript noting the date, time, and exact words.
Social media posts can be edited or deleted, so screenshot immediately and note the URL. If you can, have someone else screenshot the same post so there is a second copy. Judges handle this kind of evidence routinely and tend to be practical about it, but the more complete and unaltered your records look, the better they land.
Your Declaration Is Evidence
The written declaration in your court forms is itself one of the most important pieces of proof you will submit. For a DVRO it goes in form DV-100; for civil harassment, form CH-100. Download the current version directly from the California Courts website rather than a third-party site.4Judicial Branch of California. Request for Domestic Violence Restraining Order
Describe what happened in chronological order. Be specific about dates, times, locations, and exactly what was said and done. Quote threatening messages word for word instead of paraphrasing. When you reference a photo or printout, label it as an exhibit and attach it. For example: “On March 8, 2026, at approximately 9 p.m. at my apartment, the respondent threw a glass at me, which struck my left arm and left a bruise. A photo of the bruise, taken the same night, is attached as Exhibit A.” That kind of detail lets the judge connect your account to your physical evidence.
Stay with observable facts. “He screamed that he would hurt me if I left” is useful. “He is a violent narcissist who always tries to control me” is an opinion the judge cannot weigh. Let the pattern speak; the judge will draw the conclusion.
There is no filing fee for a DVRO or related filings, including subpoenas.5California Legislative Information. California Family Code 6222
Proof at the Temporary Stage vs. the Hearing
Restraining orders move in two steps, and the proof required at each one is different.
When you first file, a judge reviews your written declaration and can grant a Temporary Restraining Order (TRO) the same day, without the other person being present or even notified.2California Legislative Information. California Family Code 6300 The TRO provides immediate protection until a full hearing, usually about three weeks out. At this stage the judge only needs reasonable proof from your declaration that abuse occurred. Witnesses and documentary exhibits are not required for the TRO, though attaching what you already have helps.
The full hearing is where both sides appear and the judge decides whether to grant a longer-term order. This is where you present exhibits, call witnesses, and give sworn testimony, and where the other party responds.6Judicial Branch of California. The Restraining Order Process for Domestic Violence Cases The preponderance standard for DVROs, or the clear-and-convincing standard for civil harassment, applies at this hearing, not at the TRO stage. The practical takeaway is that the proof you need between filing and the hearing is more than enough paperwork to tell a clear story on the page; the proof you need at the hearing is everything you can bring to back that story up in person.
Preparing Your Evidence for the Hearing
Bring three copies of every document you intend to show: one for you, one for the judge, and one for the other party. Keep them in chronological order and label each exhibit so you can hand them up quickly when asked. If a witness is going to describe something, pair their testimony with the related exhibit so the judge sees both at once.
What ultimately persuades a judge is coherence: a declaration that matches the texts, photos that match the dates in the declaration, a police report that lines up with a medical record, and a witness who confirms a piece of it. You do not need every category of proof listed above, and most people do not have all of them. You do need enough overlapping pieces that the account holds together under questioning.