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California Restraining Order Practice Areas
Every Order Type, Both Sides of the Case
California has seven core civil restraining orders, each created by a different statute, each with its own qualifying relationship, burden of proof, forms, and duration: domestic violence (Family Code §§ 6200–6460, the Domestic Violence Prevention Act), civil harassment (Code of Civil Procedure § 527.6), workplace violence (CCP § 527.8), gun violence (Penal Code § 18100 et seq.), elder and dependent adult abuse (Welfare & Institutions Code § 15657.03), school/postsecondary violence (CCP § 527.85), and juvenile-court restraining orders (W&I § 213.5). Two more arise alongside these: an emergency protective order (EPO) issued at the scene by law enforcement, and a criminal protective order (CPO) issued by a criminal court (Penal Code § 136.2). The Restraining Order Law Firm — a d/b/a of Barhoma Law, P.C., led by attorney Matthew Barhoma and affiliated with Power Trial Lawyers — handles all of them, for both the petitioner (the person seeking protection) and the respondent (the person defending against the order), across Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties. Consultations: 888-808-2179, available 24/7.
On this page: Which order fits your situation · All orders at a glance · How California restraining orders differ · Restraining orders compared · The seven practice areas · We handle both sides · Why clients choose us · Representative results · What happens after an order is granted · California courts · Every restraining order resource · FAQ · Talk to a lawyer
A California restraining order can decide where you sleep tonight, whether you can see your children, whether you can lawfully touch a firearm, and whether a single contested hearing leaves a public mark that follows you for years. It is a civil order with criminal teeth — violating one is a crime under Penal Code § 273.6 — and it is almost always decided fast, often at a hearing set within about three weeks of filing.
The first decision in any restraining order matter is also the one people get wrong most often: which order actually applies. File the wrong one and a strong case can be dismissed on the statute alone. Defend without understanding which standard the other side has to meet, and you concede ground you never had to. This page maps every California restraining order, shows you how they differ, compares the orders people most often confuse, explains what happens after an order is granted, and links to the dedicated page where each is covered in depth.
Which restraining order fits your situation
The fastest way to identify the right order is to start with the relationship between the parties, then the filer and the specific harm. Use this as a triage guide — then confirm with counsel before you file or respond, because the wrong statute is the most common and most costly early mistake.
- You share a domestic relationship — current or former spouse, registered domestic partner, someone you dated or were engaged to, a co-parent, a current or former cohabitant, or a close relative — and you are facing abuse, threats, or coercive control
→ Domestic Violence Restraining Order (DVRO), Family Code §§ 6200–6460.
- You have no domestic relationship — a neighbor, stranger, coworker, roommate, landlord, distant relative, ex-friend, or brief dating contact → Civil Harassment Restraining Order (CHRO), CCP § 527.6.
- An employee is threatened with violence at work and the employer files on the employee’s behalf → Workplace Violence Restraining Order (WVRO), CCP § 527.8.
- A person poses a danger of harming themselves or others with a firearm → Gun Violence Restraining Order (GVRO), Penal Code § 18100 et seq. (California’s “red flag” law).
- The protected person is 65 or older, or is a dependent adult — including financial exploitation, neglect, or isolation → Elder or Dependent Adult Abuse Restraining Order, W&I § 15657.03.
- A postsecondary school seeks to protect a student from a credible threat of violence → School Violence Restraining Order (SVRO), CCP § 527.85.
- The matter arises inside a juvenile dependency or delinquency case → Juvenile Court Restraining Order, W&I § 213.5.
Two more situations are not separate “types” you choose so much as orders that arrive on their own schedule: if there is immediate danger tonight, law enforcement can ask a judge for an Emergency Protective Order (EPO) on the spot, which bridges to a temporary order; and if criminal charges are filed, the criminal court can issue a Criminal Protective Order (CPO) under Penal Code § 136.2 that runs parallel to any civil order covering the same people.
All California restraining orders at a glance
| Order | Statute | Who it’s for | Burden of proof | Typical duration* | Core form |
| Domestic Violence (DVRO) | Fam. Code §§ 6200–6460 | People in a domestic relationship | Preponderan ce of the evidence | Up to 5 years, renewable (incl. permanently) | DV-100 |
| Civil Harassment (CHRO) | CCP § 527.6 | Neighbors, strangers, coworkers, non-domestic | Clear and convincing evidence | Up to 5 years | CH-100 |
| Workplace Violence (WVRO) | CCP § 527.8 | An employee, filed by the employer | Clear and convincing evidence | Up to 3 years | WV-100 |
| Gun Violence (GVRO) | Pen. Code § 18100 et seq. | A person posing a firearm danger | Clear and convincing (after hearing) | Up to 5 years | GV-100 |
| Elder / Dependent Adult Abuse | W&I § 15657.03 | Adults 65+ and dependent adults | Per statute | Up to 5 years | EA-100 |
| School Violence (SVRO) | CCP § 527.85 | A postsecondar y student, filed by the school | Clear and convincing evidence | Up to 3 years | SV-100 |
| Juvenile Court RO | W&I § 213.5 | Children in dependency/ delinquency cases | Per statute | Per case | JV-245 |
*Durations and some standards have changed over time and vary by order and by stage. Confirm the current statute before relying on any figure.
How California restraining orders differ
Although people often refer to “a restraining order” as if every case follows the same rules, California law creates several entirely different protective-order systems. Each has its own statute, filing requirements, burden of proof, hearing procedures, available remedies, duration limits, and collateral consequences. The most important differences include:
- The relationship between the parties. A domestic tie routes you to the Domestic Violence Prevention Act; its absence routes you to civil harassment, workplace, or another statute.
- The level of proof required. A DVRO is proven by a preponderance of the evidence; civil harassment, workplace, school, and (after hearing) gun violence orders require clear and convincing evidence.
- Whether firearms must be surrendered. A DVRO triggers mandatory relinquishment under Family Code § 6389 and a federal prohibition under 18 U.S.C. § 922(g)(8); a GVRO exists to remove firearm access; other orders may impose firearm terms as well.
- Whether custody or visitation can be affected. A DVRO can trigger the rebuttable custody presumption of Family Code § 3044; a civil harassment order generally does not touch custody at all.
- Who has standing to file. An individual files a DVRO or CHRO; an employer files a workplace order; a school files a school order; law enforcement, family, and others may seek a GVRO.
- Whether attorney’s fees may be awarded. Fees can be mandatory for a prevailing DVRO petitioner (Family Code § 6344) and recoverable by the prevailing party in a civil harassment case (CCP § 527.6(s)).
- Whether the order becomes part of a larger proceeding — a family-law dissolution, a criminal prosecution, a juvenile dependency case, an employment dispute, or a probate or conservatorship matter.
For example, a Domestic Violence Restraining Order may affect child custody under Family Code § 3044 and requires only proof by a preponderance of the evidence. A Civil Harassment Restraining Order generally requires clear and convincing evidence and does not automatically trigger family-law consequences. A Gun Violence Restraining Order focuses exclusively on firearm access and public-safety risk rather than the relationship between the parties.
Understanding these distinctions is often the difference between filing the correct case and having a petition denied.
California restraining orders compared
Structured, side-by-side comparisons of the orders people most often confuse. Each links through to the practice-area page with the full analysis.
Domestic Violence (DVRO) vs. Civil Harassment (CHRO)
| Issue | DVRO | CHRO |
| Relationship required | Yes — domestic | No |
| Burden of proof | Preponderance of the evidence | Clear and convincing evidence |
| Custody impact | Significant (Fam. Code § 3044) | Usually none |
| Firearm restrictions | Yes (Fam. Code § 6389) | Often yes |
| Governing statute | Family Code §§ 6200–6460 | Code Civ. Proc. § 527.6 |
| Court filing fee | No fee | Fee, with waivers available |
Domestic Violence (DVRO) vs. Criminal Protective Order (CPO)
| Issue | DVRO | CPO |
| Court | Family / civil | Criminal |
| Who requests it | The protected person (petitioner) | The prosecutor / criminal court |
| Trigger | A filed petition | The filing of criminal charges |
| Governing statute | Family Code §§ 6200–6460 | Penal Code § 136.2 |
| Burden of proof | Preponderance of the evidence | Set within the criminal case |
| Duration | Up to 5 years, renewable | Through the case; up to 10 years post-conviction in DV cases |
Civil Harassment (CHRO) vs. Workplace Violence (WVRO)
| Issue | CHRO | WVRO |
| Who files | The harassed individual | The employer, for an employee |
| Relationship | Non-domestic | Employee threatened at work |
| Governing statute | Code Civ. Proc. § 527.6 | Code Civ. Proc. § 527.8 |
| Burden of proof | Clear and convincing evidence | Clear and convincing evidence |
| Typical duration | Up to 5 years | Up to 3 years |
Elder & Dependent Adult Abuse vs. Domestic Violence (DVRO)
| Issue | Elder / Dependent Adult | DVRO |
| Protected person | Adult 65+ or a dependent adult | Person in a domestic relationship |
| Covers financial abuse | Yes | Generally no |
| Relationship required | No — including a caregiver or stranger | Yes — domestic |
| Governing statute | W&I § 15657.03 | Family Code §§ 6200–6460 |
| Common overlap | Conservatorship / probate | Custody / divorce |
Gun Violence Restraining Order (GVRO) vs. Criminal Firearm Charges
| Issue | GVRO | Criminal firearm charge |
| Nature | Civil “red flag” order | Criminal prosecution |
| Focus | Firearm access and danger | Guilt of a charged offense |
| Governing law | Penal Code § 18100 et seq. | Penal Code firearm offenses (e.g., § 29825) |
| Burden of proof | Clear and convincing (after hearing) | Beyond a reasonable doubt |
| Result | Temporary firearm prohibition | Conviction, sentence, lasting record |
The seven California restraining order practice areas
Domestic Violence Restraining Orders (DVRO)
A DVRO under the Domestic Violence Prevention Act (Family Code §§ 6200–6460) protects people in a domestic relationship — current and former spouses and partners, people who dated, co-parents, cohabitants, and close relatives. “Abuse” is read broadly: it includes physical violence and threats, and also coercive control and conduct that destroys a person’s mental or emotional calm (Fam. Code § 6320). A DVRO is proven by a preponderance of the evidence, can last up to five years and be renewed — potentially permanently — and reaches far beyond a stay-away order, triggering firearm relinquishment (Fam. Code § 6389), the Family Code § 3044 custody presumption, and a CLETS entry visible to law enforcement statewide.
Core Judicial Council forms: DV-100, DV-109, DV-110, with the response on DV-120. This is the firm’s highest-volume practice area, and it has the deepest support library:
- Domestic Violence Restraining Order
- Temporary restraining order (TRO)
- Permanent (after-hearing) restraining order
- Emergency protective order (EPO)
- DVRO and child custody in California
- DVRO and divorce in California
- Fighting a false DVRO
Civil Harassment Restraining Orders (CHRO)
When the parties do not share a domestic relationship — neighbors, strangers, coworkers (where no employer files), roommates, landlords, more-distant relatives, ex-friends — the right tool is a civil harassment restraining order under Code of Civil Procedure § 527.6. The petitioner must show unlawful violence, a credible threat of violence, or a knowing and willful course of conduct that seriously alarms or harasses and causes substantial emotional distress — and must prove it by clear and convincing evidence, the higher standard that separates these cases from family-law DVROs. Orders can last up to five years; the prevailing party may recover attorney’s fees under § 527.6(s). Core form: CH-100 (response on CH-120). → Civil Harassment Restraining Orders
Workplace Violence Restraining Orders (WVRO)
A workplace violence restraining order under CCP § 527.8 is filed by an employer to protect an employee who has suffered unlawful violence or a credible threat of violence that can reasonably be carried out at the workplace. The employee does not file; the employer does, on the employee’s behalf. The standard is clear and convincing evidence, and orders generally last up to three years. Core form: WV-100. → Workplace Violence Restraining Orders
Gun Violence Restraining Orders (GVRO)
California’s “red flag” law (Penal Code § 18100 et seq.) allows a GVRO to temporarily prohibit a person from possessing firearms and ammunition when they pose a significant danger of harming themselves or others. It can be sought by law enforcement, immediate family, certain cohabitants, employers, coworkers, and teachers. At the after-hearing stage the standard is clear and convincing evidence, and an order can last up to five years. Because a GVRO so often travels with a parallel criminal investigation, Fifth Amendment strategy is frequently decisive — an area where the firm’s criminal-defense affiliation matters. Core form: GV-100 (family/employer/coworker request). → Gun Violence Restraining Orders
Elder and Dependent Adult Abuse Restraining Orders
Under Welfare & Institutions Code § 15657.03, adults 65 and older and dependent adults (ages 18–64 with qualifying limitations) can be protected from physical abuse, neglect, isolation, abandonment, and financial exploitation — the fastest-growing form of elder abuse. These cases often intersect with conservatorship and probate proceedings and turn on questions of capacity and undue influence. Orders can last up to five years. Core form: EA-100. → Elder Abuse Restraining Orders
School Violence Restraining Orders (SVRO)
A school violence restraining order under CCP § 527.85 lets a private postsecondary institution seek protection for a student who faces a credible threat of violence that can
reasonably be carried out on campus. The school is the petitioner; the standard is clear and convincing evidence; orders generally last up to three years. These matters frequently overlap with Title IX and campus student-conduct processes. Core form: SV-100. → School Violence Restraining Orders
Juvenile Court Restraining Orders
When a restraining order arises inside a juvenile dependency or delinquency case, it is governed by Welfare & Institutions Code § 213.5 and the California Rules of Court (rule 5.630), not the civil or family-law statutes. These orders can restrain conduct toward a child, a parent, or another household member and can shape reunification, placement, and visitation — with juvenile-record confidentiality (W&I § 827) adding a layer most general practitioners never touch. Core forms: JV-245, JV-250, JV-255. → Juvenile Court Restraining Orders
We handle both sides — protection and defense
Most firms pick a lane. We built this practice to win on both.
If you are seeking protection (petitioner). The law is designed to protect people in danger quickly, but it still demands proof, presented correctly. The strongest petitions are specific (dates, words, actions), corroborated (messages, photos, medical or police records, witnesses), and free of the overreach that hands the other side an easy attack. We help petitioners obtain emergency and temporary protection, assemble admissible evidence, prepare
element-by-element declarations, carry the case through a contested hearing, and build the firearm, custody, move-out, and stay-away terms that make an order meaningful. → Request a free consultation
If you have been served (respondent). Most respondents have more defense than they realize. The viable paths: the conduct doesn’t meet the statutory elements (especially under the higher clear-and-convincing standard for civil harassment, workplace, school, and gun violence orders); the allegations are false, exaggerated, or strategic (common in divorce, custody, breakups, business disputes, and probate fights); or an affirmative defense applies self-defense, mutual conduct, or protected speech. A negotiated resolution without a finding can also protect custody rights and keep a domestic-violence designation off your record. When a criminal case runs in parallel, Fifth Amendment posture is essential. → Fighting a false DVRO · Emergency help, 24/7
The party defending an order is referred to throughout our content as the restrained party or respondent — not as an “abuser.” Whether the conduct meets the legal definition of abuse is exactly what the hearing decides.
Why clients throughout California choose The Restraining Order Law Firm
Restraining order litigation is the rare area of law where family law, civil litigation, criminal law, firearms law, juvenile law, constitutional law, and emergency injunctive relief routinely collide — sometimes in a single case. Our firm was built specifically around these cases.
We represent:
- Petitioners seeking protection.
- Respondents defending against allegations.
- Firearm owners facing surrender orders under Family Code § 6389 or a GVRO.
- Parents confronting custody implications under Family Code § 3044.
- Professionals concerned about licensing and reporting consequences.
- Individuals facing a parallel criminal investigation or a Penal Code § 136.2 criminal protective order.
Unlike general family-law firms or civil litigators who handle a restraining order only occasionally, these cases form the core of our practice — which is why we can move at the speed these timelines demand and spot the firearm, custody, immigration, and criminal-exposure issues that decide them.
Representative results
These are real California restraining order matters handled by our firm. Clients are identified by initials only. Prior results do not guarantee a similar outcome; every case is decided on its own facts.
- Civil harassment restraining order denied in its entirety after a five-day trial — 40+ firearms returned (Orange County). Representing the respondent, the firm took a CCP § 527.6 matter through a five-day evidentiary trial at the Central Justice Center. The court denied the requested order in full and dissolved the temporary order, ending a firearm prohibition that had forced our client (R.K.) to surrender more than forty firearms under the TRO. → Read the case result
- Domestic violence restraining order denied after trial (Orange County, Lamoreaux Justice Center). Defending the respondent, the firm cross-examined the petitioner at trial; the court found the evidence insufficient to prove abuse under Family Code § 6203 and denied the request. Our client (A.J.) had her firearm rights restored and kept her home. → Read the case result
- Three-year DVRO secured for a protected person, plus an $11,000 attorney-fee award (Santa Monica). On the petitioner side, the firm obtained a three-year domestic violence restraining order by agreement of the parties and an $11,000 fee award against the restrained party under Family Code § 6344 for our client (K.L.).
In the client’s own words, after the civil harassment / firearms matter above:
“I hired Matthew Barhoma … after being served with a civil harassment restraining order. … the case was won and my gun rights were restored. Matthew’s professionalism, knowledge, and experience with restraining order cases are truly top notch.” — Richard K., 5-star Google review
What happens after a California restraining order is granted?
The consequences depend on the type of order, but a granted restraining order can affect nearly every aspect of a person’s life. Potential consequences include:
- Firearm surrender requirements under Family Code § 6389, plus a federal firearm prohibition under 18 U.S.C. § 922(g)(8).
- Child custody and visitation restrictions, including the rebuttable presumption against custody for a restrained parent under Family Code § 3044.
Mandatory stay-away and no-contact provisions.
- Removal from a shared residence (a move-out order).
- Employment consequences, including for jobs that require carrying a firearm or passing a background screen.
- Professional licensing concerns — nursing, medical, real estate, security, teaching, and State Bar reporting.
- Immigration consequences for non-citizens (certain DV-related findings implicate 8
U.S.C. § 1227(a)(2)(E)).
- Housing restrictions surfaced through tenant screening.
- Public court records searchable by employers, landlords, and the press.
- Entry into the CLETS database, accessible by law enforcement statewide.
- Criminal prosecution for violations under Penal Code § 273.6, which can be charged as a misdemeanor or, in some circumstances, a felony.
For petitioners, a granted order provides court-enforceable protection and immediate
law-enforcement intervention when a violation occurs. For respondents, the consequences can continue long after the hearing ends — which is why early, experienced representation is critical, and why post-hearing relief such as renewals, modifications, terminations, appeals, and
firearm-rights restoration matters as much as the original hearing.
California courts that hear restraining order cases
Restraining orders are heard throughout California, but procedures, filing methods, hearing calendars, judicial assignments, and local rules vary significantly from county to county — and even between buildings in the same county. As a rule, family-law DVROs are heard in
family-law departments while civil harassment matters are heard in civil departments. We confirm current routing before filing.
The Restraining Order Law Firm appears in courts throughout:
- Los Angeles County — including the Stanley Mosk Courthouse (civil harassment) and the regional family-law courthouses in Long Beach (Governor George Deukmejian), Van Nuys, Lancaster (Michael Antonovich Antelope Valley), Pasadena, Santa Monica, Torrance, Norwalk, Pomona, Compton, Inglewood, Chatsworth, and Burbank.
- Orange County — including the Lamoreaux Justice Center (family-law DVRO), the Central Justice Center (civil harassment), and the North, Harbor, and West Justice Centers by assignment.
- Riverside County — including the Riverside Hall of Justice and Family Law Courthouse, Southwest Justice Center (Murrieta), Moreno Valley, Palm Springs, Larson Justice Center (Indio), Menifee, Corona, and Banning.
- San Bernardino County
- San Diego County
- Ventura County
Our site maintains dedicated county and courthouse resources addressing filing procedures, hearing locations, remote-appearance rules, local forms, judicial assignments, and department-specific practices — because in restraining order litigation, the difference between courthouses is often the difference between outcomes.
Every California restraining order resource in one place
Whether you are seeking protection or defending against allegations, this practice-area hub is the starting point for every restraining order issue in California. From here you can explore:
- Domestic Violence Restraining Orders
- Civil Harassment Restraining Orders
- Workplace Violence Restraining Orders
- Gun Violence Restraining Orders
- Elder Abuse Restraining Orders
- School Violence Restraining Orders
- Juvenile Court Restraining Orders
- Emergency Protective Orders
- Temporary and “permanent” restraining orders
We also handle the post-hearing matters that decide a restraining order’s long-term impact — criminal protective orders (Penal Code § 136.2), renewals, modifications and terminations, appeals, and firearm-rights restoration. Call 888-808-2179 to reach the right resource for your situation.
Frequently asked questions
Which restraining order do I need in California?
Start with the relationship. If you and the other person share a domestic tie — spouse, ex, dating partner, co-parent, cohabitant, or close relative — you need a domestic violence restraining order (Family Code §§ 6200–6460). If there is no domestic relationship — a neighbor, coworker, stranger, or roommate — you need a civil harassment restraining order (CCP § 527.6). Workplace, gun violence, elder abuse, school, and juvenile orders apply to their own specific situations and filers.
How do California restraining orders differ?
They differ by the relationship required, the burden of proof, who has standing to file, whether firearms must be surrendered, whether custody is affected, whether attorney’s fees are available, and whether the order becomes part of a larger family, criminal, juvenile, employment, or probate proceeding. A DVRO, for instance, uses a preponderance standard and can affect custody under Family Code § 3044; a civil harassment order requires clear and convincing evidence and usually does not.
What is the difference between a DVRO and a civil harassment restraining order?
A DVRO is for people in a domestic relationship and is proven by a preponderance of the evidence (a 51% tilt). A civil harassment order (CCP § 527.6) is for people without that relationship and requires clear and convincing evidence — a substantially higher standard. Filing the wrong one is a common, case-ending mistake.
Who can file a workplace violence or gun violence restraining order?
A workplace violence restraining order (CCP § 527.8) is filed by the employer, not the employee. A gun violence restraining order (Penal Code § 18100) can be sought by law enforcement, immediate family, certain cohabitants, employers, coworkers, and teachers when a person poses a firearm danger.
What happens after a restraining order is granted?
A granted order can require firearm surrender, restrict custody and visitation, impose stay-away and no-contact terms, force a move-out, and create employment, licensing, immigration, and housing consequences. It becomes a public court record, is entered into CLETS, and any violation can be prosecuted under Penal Code § 273.6. Post-hearing relief — renewals, modifications, appeals, and firearm-rights restoration — is available depending on the order.
How long does a California restraining order last?
A temporary order generally lasts until the hearing (often about three weeks). After a hearing, domestic violence, civil harassment, gun violence, and elder-abuse orders can last up to five years (and a DVRO may be renewed, potentially permanently); workplace and school violence orders generally last up to three years. Emergency protective orders last only a few days. Confirm current statutory durations before relying on them.
Do you represent both petitioners and respondents?
Yes. We represent both the people seeking protection and the people defending against a restraining order, across every order type. We do not represent both sides in the same matter.
Does a restraining order show up on a background check?
A civil restraining order is not a criminal conviction, but it is part of the public court record and is entered into the CLETS law-enforcement database, so it can appear on background checks and affect employment, professional licensing, and housing.
Do I need a lawyer for a restraining order hearing?
You are not required to have one, but these hearings apply real rules of evidence and proof, and the consequences reach firearms, custody, immigration, licensing, and criminal exposure. Representation is often the difference between a manageable outcome and a lasting one. Call 888-808-2179.
Talk to a restraining order lawyer
Whether you need protection, you were served, or you are facing a hearing, a renewal, a default, or a parallel criminal case, the next decision matters — and the timeline is short. Call 888-808-2179 to speak with our team, or request a free, confidential consultation. If this is an emergency, see our 24/7 emergency help page. Learn more about the firm and attorney Matthew Barhoma.