Table of Contents
- What Is a Restraining Order?
- Types of Restraining Orders in California
- Who Can Get a Restraining Order?
- How to File for a Restraining Order Step-by-Step
- How Much Does a Restraining Order Cost?
- What Happens at the Hearing
- How to Respond to a Restraining Order
- Temporary vs. Permanent Restraining Orders
- Violating a Restraining Order
- How Superior Court Docs Can Help
- Frequently Asked Questions
What Is a Restraining Order?
A restraining order (also called a protective order) is a court order that requires one person to stay away from another person, their home, their workplace, and/or their children. Restraining orders are designed to protect victims of harassment, abuse, threats, and violence.
In California, violating a restraining order is a criminal offense punishable by fines, jail time, or both. Once a restraining order is issued, it’s entered into the California Law Enforcement Telecommunications System (CLETS), meaning every police officer in the state can verify it instantly.
Restraining orders are a serious legal tool — and unfortunately, a necessary one for many Californians. If you’re in danger, this guide explains exactly how to get one.
If you are in immediate danger, call 911. For non-emergency domestic violence support, call the National Domestic Violence Hotline at 1-800-799-7233.
Types of Restraining Orders in California
California has four types of restraining orders, each designed for a different situation:
1. Domestic Violence Restraining Order (DVRO)
For: Protection from someone you have a close relationship with — spouse, ex-spouse, domestic partner, cohabitant, someone you’re dating or dated, parent of your child, or close family member.
Protections available: – Stay-away orders (specific distance requirements) – No-contact orders (no calls, texts, emails, or messages through others) – Move-out orders (the abuser must leave the shared residence) – Temporary child custody and visitation orders – Property control orders – Order to not destroy property
Duration: Up to 5 years, renewable.
2. Civil Harassment Restraining Order
For: Protection from someone you do NOT have a close relationship with — neighbors, coworkers, acquaintances, strangers, or extended family members not covered under DVRO.
Requirements: You must show: – Harassment (violence, threats, stalking, or a pattern of conduct that serves no legitimate purpose) – The harassment caused substantial emotional distress
Duration: Up to 5 years, renewable.
3. Elder or Dependent Adult Abuse Restraining Order
For: Protection for adults 65+ or dependent adults (ages 18–64 with disabilities) who are victims of physical abuse, neglect, financial abuse, isolation, or abandonment.
Who can file: The elder/dependent adult, or another person on their behalf (such as a conservator).
Duration: Up to 5 years, renewable.
4. Workplace Violence Restraining Order
For: Protection for employees who have been harassed, threatened, or subjected to violence by anyone (not limited to coworkers — can include clients, customers, or strangers).
Who can file: Only the employer can file this type of restraining order on behalf of the employee. Individual employees must file a civil harassment restraining order instead.
Duration: Up to 3 years, renewable.
Who Can Get a Restraining Order?
You Can File If:
- Someone has abused, threatened, harassed, or stalked you
- You reasonably fear for your safety or the safety of your children
- The conduct has happened more than once (for civil harassment — a single incident of violence may be enough for DVRO)
- You are at least 12 years old (if under 12, a parent or guardian must file)
You DO NOT Need:
- A police report (though it helps)
- Physical injuries (threats and emotional abuse qualify)
- An attorney (you can file yourself or use document preparation services)
- To have called the police previously
How to File for a Restraining Order Step-by-Step
Step 1: Determine the Correct Type
Based on your relationship to the person (see types above), choose the right restraining order category. Using the wrong forms will delay your case.
Step 2: Complete the Request Forms
For a DVRO: – DV-100 — Request for Domestic Violence Restraining Order – DV-109 — Notice of Court Hearing – DV-110 — Temporary Restraining Order – CLETS-001 — Confidential Information
For Civil Harassment: – CH-100 — Request for Civil Harassment Restraining Order – CH-109 — Notice of Court Hearing – CH-110 — Temporary Restraining Order
Step 3: File With the Court
File your forms at the Superior Court in the county where you live. There is no filing fee for domestic violence restraining orders. Civil harassment orders may have a filing fee of $60–$80.
Step 4: Judge Reviews for Temporary Order
A judge reviews your paperwork the same day (or next business day). If the judge finds sufficient cause, they issue a Temporary Restraining Order (TRO) that takes effect immediately and lasts until the court hearing (usually 21–25 days later).
If the judge denies the TRO, your case still proceeds to a hearing — you just won’t have protection in the interim.
Step 5: Serve the Restrained Person
The person you’re requesting protection from must be personally served with copies of all filed documents at least 5 days before the hearing. You cannot serve them yourself. Options: – Sheriff’s office (free service for DVRO cases) – Registered process server – Any adult not a party to the case
Step 6: Attend the Court Hearing
Both parties can attend and present evidence. Bring: – Police reports – Photos of injuries or property damage – Threatening texts, emails, or voicemails – Witness statements or witnesses – Medical records (if applicable) – Your timeline of events
Step 7: Judge Issues the Order
After hearing both sides, the judge either grants or denies the restraining order. – Granted: The judge specifies the duration (up to 5 years) and exact terms – Denied: The temporary order expires and no permanent order is issued
How Much Does a Restraining Order Cost?
| Type | Filing Fee |
| Domestic Violence (DVRO) | Free |
| Civil Harassment | $60–$80 |
| Elder Abuse | Free |
| Workplace Violence | $60–$80 |
Additional Costs
- Process server: $50–$150 (Sheriff service is free for DVRO cases)
- Document preparation: Starting at $599 at Superior Court Docs
- Attorney: $2,000–$5,000+
What Happens at the Hearing
Restraining order hearings are relatively short — typically 20–45 minutes. Here’s what to expect:
- Both parties are present (the restrained person doesn’t have to attend, but the order may be granted by default if they don’t)
- You present your case first — Describe the abuse/harassment and present evidence
- The other person responds — They can dispute your claims
- The judge asks questions — Answer directly and honestly
- The judge decides — Usually at the end of the hearing
Tips for the Hearing
- Bring organized evidence in chronological order
- Stick to facts and specifics — dates, times, what was said or done
- Stay calm and respectful, even if the other person provokes you
- Dress professionally
- Arrive early
How to Respond to a Restraining Order
If someone has filed a restraining order against you, you have the right to respond and present your side:
- Read everything carefully — Understand what’s being alleged and what orders are being requested
- File your Response (DV-120 for DVRO, CH-120 for civil harassment) — This is your written answer to the allegations
- Attend the hearing — If you don’t show up, the judge will likely grant the order based only on the petitioner’s claims
- Bring evidence — Texts, emails, witnesses, or anything that supports your version of events
Important: Even if you believe the restraining order is unfair, you must comply with the temporary order until the hearing. Violating it — even to “talk things out” — is a criminal offense.
Temporary vs. Permanent Restraining Orders
| Feature | Temporary (TRO) | “Permanent” (After Hearing) |
| When issued | Same day as filing | After court hearing |
| Duration | Until the hearing (21–25 days) | Up to 5 years |
| How obtained | Judge reviews paperwork | Both parties present at hearing |
| Can be renewed | N/A | Yes, before expiration |
Note: “Permanent” restraining orders in California aren’t truly permanent — they last up to 5 years but can be renewed an unlimited number of times.
Violating a Restraining Order
Violating a restraining order in California is a misdemeanor under Penal Code § 273.6, punishable by: – Up to 1 year in county jail – Up to $1,000 fine – Probation
If the violation involves violence, the charge can be elevated to a felony with up to 3 years in state prison.
What Counts as a Violation?
- Coming within the specified distance of the protected person
- Contacting them by phone, text, email, or social media
- Having someone else contact them on your behalf
- Going to their home, workplace, or school
- Possessing firearms (all restraining orders in California prohibit firearm possession)
How Superior Court Docs Can Help
Filing for a restraining order can feel overwhelming, especially during an already stressful and dangerous situation. Superior Court Docs takes the paperwork burden off your shoulders:
What we prepare: – Complete Request forms (DV-100/CH-100 series) – Temporary Restraining Order forms – CLETS confidential information forms – Response forms (if you’re the respondent) – Filing and service instructions specific to your courthouse
Document preparation starts at $599 — because your safety shouldn’t depend on whether you can afford an attorney.
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📞 Call (213) 973-7248 or get started today.
Frequently Asked Questions
How quickly can I get a restraining order in California?
You can get a Temporary Restraining Order (TRO) the same day you file — a judge reviews your paperwork and decides whether to grant temporary protection. The permanent order hearing is scheduled within 21–25 days. In emergency situations, courts can expedite the process.
Do I need evidence to get a restraining order?
While evidence strengthens your case significantly, California courts can grant temporary restraining orders based on your sworn declaration alone — your written, under-oath description of what happened. For the permanent hearing, having evidence (texts, photos, police reports, witnesses) dramatically improves your chances.
Can I get a restraining order without the other person knowing?
Not permanently. The temporary order is granted based only on your filing, but the restrained person must be served with the papers before the hearing. They have the right to appear and present their side. This is a constitutional due process requirement.
Will a restraining order affect child custody?
Yes. When a court issues a DVRO, it can include temporary child custody and visitation orders. A restraining order can significantly impact custody proceedings, as courts take allegations of domestic violence very seriously when determining the best interest of the child.
How do I renew a restraining order?
File a request to renew (DV-700 or CH-700) before your current order expires. The court will schedule a hearing, and you must show that you still have a reasonable fear of future abuse or harassment. There is no limit on how many times you can renew.
This guide is for informational purposes only and does not constitute legal advice. If you are in danger, call 911. For legal advice about your specific situation, consult with a California attorney.
Related Articles: – How to File for a Domestic Violence Restraining Order in California – Temporary vs. Permanent Restraining Order in California – How to Respond to a Restraining Order in California – Civil Harassment Restraining Order in California – 4 Types of Restraining Orders in California
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