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How to Get a Restraining Order in California
By Matthew Barhoma, Esq. — California State Bar No. 319339 | Last updated: November 2026
To get a restraining order in California, you file a request with the superior court, a judge decides within about a day whether to issue a temporary order that protects you immediately, the other person is served, and a hearing is held — generally within 21 days — at which the judge decides whether to issue an order that lasts up to five years. There is no filing fee for a domestic violence or elder abuse restraining order, and no fee for a civil harassment order where you allege violence, a credible threat, or stalking. If you are in danger tonight, police can obtain an emergency protective order from an on-call judge within hours. Which order you file depends on your relationship to the other person: a domestic violence restraining order for a spouse, partner, ex, cohabitant, co-parent, or close relative; a civil harassment restraining order for anyone else. The order you get is only as strong as the evidence and the drafting behind it. The Restraining Order Law Firm represents petitioners in every type of restraining order in Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura Counties. Call (888) 808-2179 for a confidential consultation.
Getting a restraining order: at a glance
| Question | Answer |
| How fast can I be protected? | Emergency protective order: within hours, through police. Temporary restraining order: usually the same day you file or the next court day |
| Which order do I file? | Domestic violence (spouse, partner, ex, cohabitant, co-parent, close relative); civil harassment (everyone else); elder abuse (65+ or dependent adult); workplace violence (employer files); gun violence (firearms access) |
| What does it cost to file? | $0 for domestic violence and elder abuse orders; $0 for civil harassment orders alleging violence, a credible threat, or stalking; fee waivers available otherwise |
| What do I have to prove? | Abuse by a preponderance of the evidence (domestic violence, elder abuse); harassment by clear and convincing evidence (civil harassment, workplace violence) |
| When is the hearing? | Generally within 21 days of the temporary order (25 with good cause) |
| How long does the order last? | Up to 5 years (domestic violence, civil harassment, elder abuse); up to 3 years (workplace violence); 1–5 years (gun violence); renewable |
| Does the other person have to know before I file? | No. The temporary order is requested ex parte — without notice — and takes effect when they are served |
| Do I need a lawyer? | Not required, but the hearing is a contested trial and the drafting of the request decides most cases |
| Who serves the papers? | Anyone 18 or older who is not a party; the sheriff serves domestic violence papers free of charge |
Step 1: Choose the right order
California has six civil restraining orders, and the first — and most common — mistake is filing the wrong one. The right order follows from your relationship to the person you need protection from.
Domestic violence restraining order (DVRO). For a current or former spouse or registered domestic partner, someone you live or lived with as a partner, someone you are dating or dated, the other parent of your child, your parent or child, or a grandparent, grandchild, sibling, or in-law. Governed by the Domestic Violence Prevention Act, Family Code §§ 6200–6460. “Abuse” is defined broadly — physical harm, threats, stalking, harassment, unwanted contact, destroying property, disturbing your peace, and coercive control — and must be proven by a preponderance of the evidence. A DVRO can order no contact, stay-away, move-out, custody and visitation, support, pet protection, and firearm surrender. No filing fee. Forms: DV-100, DV-109, DV-110. Our domestic violence restraining order hub explains every element; our guides to who can get a domestic violence restraining order and what counts as abuse answer the two threshold questions.
Civil harassment restraining order (CHRO). For a neighbor, coworker, roommate you never dated, acquaintance, former friend, online harasser, or stranger. Governed by Code of Civil Procedure § 527.6. “Harassment” means unlawful violence, a credible threat of violence, or a knowing and willful course of conduct that seriously alarms, annoys, or harasses you, serves no legitimate purpose, and would cause a reasonable person substantial emotional distress — proven by clear and convincing evidence. Up to five years. No fee if you allege violence, a credible threat, or stalking. Forms: CH-100, CH-109, CH-110. See our civil harassment restraining order hub.
Elder or dependent adult abuse restraining order (EARO). For a person 65 or older, or a dependent adult 18 to 64, abused by anyone — a relative, caregiver, or stranger — including physical abuse, neglect, financial abuse, abandonment, isolation, or abduction. Governed by Welfare and Institutions Code § 15657.03; preponderance standard; up to five years; no fee. A conservator, trustee, or attorney-in-fact may file on the elder’s behalf. Forms: EA-100, EA-109, EA-110. See elder and dependent adult abuse restraining orders.
Workplace violence restraining order (WVRO). Filed by an employer on behalf of an employee who has suffered unlawful violence or a credible threat of violence at the workplace. Governed by Code of Civil Procedure § 527.8; clear and convincing evidence; up to three years. An employee cannot file this one personally — the employee files a civil harassment or domestic violence order instead. Forms: WV-100, WV-109, WV-110. See workplace violence restraining orders.
Gun violence restraining order (GVRO). Removes firearms from a person who poses a significant danger to themselves or others. May be sought by law enforcement, an immediate family member, a household member, an employer, a coworker, or a teacher. Governed by Penal Code § 18100 et seq. Forms: GV-100, GV-109, GV-110. See gun violence restraining orders. A GVRO addresses guns only; if you also need protection from contact, you file a DVRO or CHRO as well.
Juvenile and school orders. The juvenile court may issue protective orders in dependency and delinquency cases (Welf. & Inst. Code § 213.5), and a postsecondary institution may seek a school violence order for a student (Code Civ. Proc. § 527.85). See juvenile court restraining orders and school violence restraining orders.
The relationship question decides the statute, and the statute decides your burden. The same twelve threatening texts from an ex-boyfriend support a DVRO under the preponderance standard; from a former roommate, they must meet the civil harassment statute’s higher clear-and-convincing bar and its course-of-conduct requirement. If your relationship fits the domestic violence categories, file the DVRO.
Step 2: If you are in danger now — emergency protection
If you are in immediate danger, call 911. Responding officers can request an emergency protective order from an on-call judge by telephone, at any hour, under Family Code § 6250. The EPO takes effect immediately and lasts up to seven days — long enough to file for a temporary restraining order. Officers may also arrest the abuser, and the criminal court will usually issue its own criminal protective order if charges are filed. An EPO does not require you to file anything, but it expires quickly, and the next step is yours. Our emergency protective order page and 24/7 emergency help line cover this stage.
Step 3: File the request and get a temporary order
The request is the most important document in the case. It is your sworn account, it is what the judge reads to decide whether to issue the temporary order, and it is the foundation of everything that happens at the hearing. Most denials of temporary orders — and many denials at the hearing — trace to a request that was vague, disorganized, or failed to connect the facts to the legal standard.
What goes in the request. For a DVRO, Form DV-100 asks who you are, who the other person is, your relationship, what they did, and what orders you want. The declaration section is where the case is won or lost. The strongest declarations describe the most recent incident first, then the history, with dates, places, exact words where possible, injuries, witnesses, and what you did afterward. They connect the conduct to the statute: threats, harassment, unwanted contact, monitoring, financial control, isolation. They attach the evidence that exists — screenshots with dates visible, photographs, medical or police records, witness declarations. And they request every order the facts support: no contact, stay-away distances, move-out, custody and visitation (DV-105), child support, protection of children and pets, firearm surrender. Under Family Code § 6300, the court may issue the temporary order based solely on your declaration if it shows reasonable proof of a past act or acts of abuse — so the declaration has to carry the case on its own. Our domestic violence temporary restraining order guide walks through the DV-100 line by line.
Where to file. In the superior court of the county where you live or are temporarily located, where the other person lives, or where the abuse happened (Fam. Code § 6301). You do not need to be a California resident, and you do not need a divorce or custody case on file. Each county has a self-help center that will review forms, and most courts now accept electronic filing.
Confidential information. Your address can be kept confidential (Form DV-100 provides for it), and the confidential CLETS information form (CLETS-001) is not served on the other party.
The temporary order decision. A judge reviews the request, usually the same day or the next court day, without the other person present. If the judge finds reasonable proof of past abuse, the temporary restraining order (DV-110, CH-110, EA-110, WV-110, or GV-110) issues and lasts until the hearing. If the judge denies the temporary order, you still get the hearing — Family Code § 6320.5 requires the court to state its reasons and to set a hearing within 21 days unless you waive it — and the hearing can still result in a full order. A denied TRO is not a denied case.
Fees. None for a domestic violence or elder abuse restraining order (Fam. Code § 6222; Welf. & Inst. Code § 15657.03). None for a civil harassment order that alleges violence, a credible threat of violence, or stalking; otherwise a filing fee applies, and a fee waiver (Form FW-001) is available based on income.
Step 4: Serve the other person
The temporary order cannot be enforced, and the hearing cannot go forward, until the other person has been personally served with the request, the temporary order, the notice of hearing, and blank response forms. You cannot serve the papers yourself. Any person 18 or older who is not a party may serve them, and the sheriff or marshal will serve domestic violence restraining order papers free of charge (Fam. Code § 6383) — a service worth using when the other person is dangerous or hard to find. Service must be completed a set number of days before the hearing (five days for a domestic violence order unless the court shortens the time), and the server must sign a proof of service (DV-200, CH-200) that is filed with the court before the hearing.
If the other person cannot be found, the court can continue the hearing and extend the temporary order while you keep trying, and in domestic violence cases may permit alternative service when the respondent is evading it (Fam. Code § 6340(a)(2)). Once served, the temporary order is enforceable by any law enforcement agency in California, and any violation is a crime.
Step 5: Prepare for and win the hearing
The hearing is generally held within 21 days of the temporary order, or 25 with good cause (Fam. Code § 242; Code Civ. Proc. § 527.6). It is a contested trial. You bear the burden of proof. The other side has the right to file a response, testify, present evidence, and cross-examine you, and may be represented by counsel. The judge decides the same day in most courtrooms.
What you must prove. For a DVRO, past abuse as defined in Family Code § 6203, by a preponderance of the evidence. The abuse need not be physical, need not be recent (Fam. Code § 6301(d)), and need not be corroborated — your testimony alone can be sufficient if the judge believes it (Sabbah v. Sabbah (2007) 151 Cal.App.4th 818). For a CHRO, harassment under Code of Civil Procedure § 527.6 by clear and convincing evidence — a substantially higher bar that requires, for most cases, a pattern of conduct rather than a single incident.
Evidence that wins. Complete message threads, exported with dates, not isolated screenshots. Call logs. Voicemails, transcribed. Photographs of injuries and property damage, dated. Medical records. Police reports and 911 recordings. Location-sharing histories and account-access records in monitoring and coercive-control cases. Financial records in financial-control cases. Declarations and live testimony from witnesses who saw or heard the conduct, or saw you immediately after. A timeline that organizes all of it.
What loses hearings. Overstating. A petition that describes every incident as life-threatening loses credibility when one of them turns out to be an argument. Omitting your own messages, which the respondent will produce. Vague dates. Failing to connect conduct to the statute — “he was mean” is not a category; “he threatened to take the children if I called my sister” is coercive control under § 6320(c). And being unprepared for cross-examination about the relationship’s history, including contact you initiated.
The order after hearing. If the judge grants the request, the restraining order after hearing (DV-130, CH-130, EA-130, WV-130, GV-130) issues for up to five years (three for a WVRO), is entered in CLETS, and requires the restrained person to surrender firearms. The judge can include every order you requested and found justified — custody, support, move-out, pets, protection of family members. Ask for everything the facts support; it is far easier to get it now than to add it later. Our permanent domestic violence restraining order page covers the order after hearing, and our restraining order hearing page covers the hearing itself.
Step 6: After the order is granted
Keep a certified copy of the order with you and give copies to your children’s school, your employer, and anyone who needs to call the police on your behalf. The order is in CLETS, so any officer can confirm it, but a copy speeds enforcement. If the restrained person violates the order — any contact, any approach — call the police and report it; violations are misdemeanors under Penal Code § 273.6 and can be charged as felonies for violence or repeat violations, and our page on violating a California restraining order explains how enforcement works. Document every violation, because a pattern of violations supports renewal and criminal charges.
An order can be modified if circumstances change, and it can be renewed. In domestic violence cases, you may ask to renew within the three months before the order expires, for another five years or permanently, without proving any new abuse — only a reasonable apprehension of future abuse (Fam. Code § 6345; Ritchie v. Konrad (2004) 115 Cal.App.4th 1275). Calendar the expiration date the day the order issues. If the judge denies the order, you may appeal within the deadline, and the ruling does not bar a new petition based on new conduct.
Mistakes that cost petitioners their orders
Filing the wrong order — a civil harassment petition against an ex who qualifies for a DVRO, or a DVRO against a roommate who does not. Filing a thin request and planning to “explain the rest at the hearing.” Leaving out your own conduct and contact, which the other side will present. Continuing to contact the restrained person after the temporary order, which does not violate the order (it binds them, not you) but badly undercuts your claim of fear. Failing to serve properly, or failing to file the proof of service, which delays the hearing and can lapse the temporary order. Not asking for custody orders in the DVRO when you have children, and then litigating custody separately under worse conditions. Agreeing in the hallway to drop the petition in exchange for promises, which leaves you with no enforceable protection. And waiting: the time since the last incident is not a bar (Fam. Code § 6301(d)), but delay is something the other side will argue, and the danger does not wait.
What the Restraining Order Law Firm does for petitioners
We draft the request so that the judge issues the temporary order on the papers, and so that the hearing is about the respondent’s conduct rather than gaps in the petition. We assemble the evidence in the form judges credit, prepare you and your witnesses to testify and to be cross-examined, handle service through the sheriff or a process server, and try the hearing. Where the facts support it, we ask for attorney’s fees, custody, support, and move-out orders in the same proceeding. The firm’s petitioner results include a domestic violence restraining order granted at the Van Nuys Courthouse with $11,000 in attorney’s fees awarded against the restrained party; a DVRO with a monetary award against the respondent in Orange County; a three-year domestic violence order in San Bernardino County; a DVRO granted after trial in Orange County; an elder abuse restraining order granted after trial in Los Angeles County; and a civil harassment order renewed in Los Angeles County. Prior results do not guarantee a similar outcome; every case turns on its own facts.
Because the firm also defends restraining orders, we know how respondents’ lawyers attack petitions — the curated screenshot, the omitted reply, the vague date — and we draft to take those attacks away. And because the firm is a d/b/a of Barhoma Law, P.C., a criminal defense firm, we understand how a parallel criminal case and a criminal protective order interact with your civil order.
We represent petitioners in every courthouse in Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura Counties, from offices at 835 Wilshire Blvd., Floor 5, Los Angeles 90017 and 695 Town Center Dr., #1200, Costa Mesa 92626.
Frequently asked questions
How do I get a restraining order in California?
File a request with the superior court — Form DV-100 for a domestic violence order, CH-100 for civil harassment, EA-100 for elder abuse — with a sworn declaration describing the abuse or harassment. A judge decides, usually the same day, whether to issue a temporary order. The other person is served, and a hearing is held within about 21 days, where the judge decides whether to issue an order lasting up to five years.
How much does it cost to get a restraining order in California?
There is no filing fee for a domestic violence restraining order (Family Code section 6222) or an elder abuse restraining order, and no fee for a civil harassment restraining order that alleges violence, a credible threat of violence, or stalking. The sheriff serves domestic violence papers free of charge. Fee waivers are available for other filings based on income. Attorney’s fees vary with the case, and in domestic violence cases the court can order the restrained party to pay them.
How long does it take to get a restraining order in California?
A temporary restraining order can issue the same day you file or the next court day. The hearing on the final order is generally held within 21 days of the temporary order, or 25 days with good cause. In an emergency, police can obtain an emergency protective order from an on-call judge within hours, which lasts up to seven days.
What proof do I need for a restraining order in California?
For a domestic violence restraining order, you must prove abuse by a preponderance of the evidence; your own sworn testimony can be enough if the judge finds it credible, and the abuse does not have to be physical or recent. For a civil harassment order, you must prove harassment by clear and convincing evidence, usually a pattern of conduct. Complete message threads, photographs, medical and police records, and witnesses make the difference in contested hearings.
Can I get a restraining order without the other person knowing?
Yes. The temporary restraining order is requested ex parte — without notice to the other person — and takes effect when they are served. The other person then has the right to respond and appear at the hearing. Your address can be kept confidential on the forms.
What is the difference between a domestic violence restraining order and a civil harassment restraining order?
A domestic violence order is available only against a spouse, partner, ex, cohabitant, co-parent, child, or close relative, uses a broad definition of abuse that includes disturbing the peace and coercive control, requires proof by a preponderance of the evidence, and can include move-out, custody, and support orders. A civil harassment order covers everyone else, requires proof of harassment by clear and convincing evidence, and cannot include custody or support orders.
How long does a restraining order last in California?
A temporary order lasts until the hearing, generally about three weeks. An order after hearing can last up to five years for domestic violence, civil harassment, and elder abuse orders, up to three years for workplace violence orders, and one to five years for gun violence orders. Domestic violence orders can be renewed for five years or permanently without proof of new abuse.
Do I need a lawyer to get a restraining order?
No, but the request must be drafted to meet the legal standard, the evidence must be organized and admissible, and the hearing is a contested trial at which the other side may be represented. A lawyer drafts the petition, prepares the evidence and witnesses, handles service, tries the hearing, and asks for attorney’s fees, custody, and other orders the facts support.
Consult With a Restraining Order Lawyer Today
If you need protection, the request you file this week decides what the judge sees. Call (888) 808-2179 or request a confidential consultation with the Restraining Order Law Firm, and we will tell you which order fits, what the judge will need to see, and how fast we can get a temporary order in place. If you are in immediate danger, call 911 first, then reach our 24/7 emergency help line.
The Restraining Order Law Firm is a d/b/a of Barhoma Law, P.C. This page is attorney advertising and general information about California law, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Statutes, forms, and deadlines change — verify all references with counsel before relying on them. If you are in immediate danger, call 911.