Quick Answer
A Domestic Violence Restraining Order (DVRO) and a Civil Harassment Restraining Order (CHRO) are both California court orders protecting against harassment, threats, or abuse, but they apply in different situations. A DVRO covers people in close domestic relationships including spouses, ex spouses, dating partners, parents of your children, and close relatives, governed by the Domestic Violence Prevention Act in California Family Code section 6200 and following. A CHRO covers everyone else: neighbors, coworkers, strangers, and distant relatives, governed by California Code of Civil Procedure section 527.6. The key practical difference is that DVRO filing fees are waived and DVRO cases include automatic access to family law remedies like custody, support, and exclusive use of the home. CHRO cases require a filing fee in most situations and do not include family law remedies. Both can last up to 5 years.
Table of Contents
The Core Difference Relationship Type
The fundamental difference between a DVRO and a CHRO is the relationship between the person filing and the person being restrained. California recognizes that abuse between people in close domestic relationships requires special treatment because of the unique dynamics involved. The Domestic Violence Prevention Act provides enhanced protections in those cases. Other situations are addressed through the general civil harassment law.
If you have one of the qualifying relationships listed in California Family Code section 6211, you file for a DVRO. If you do not have one of those relationships, you file for a CHRO. There are also specialized restraining order categories for elder abuse, workplace violence, school related threats, and gun violence.
Qualifying Relationships for DVRO
California Family Code section 6211 defines the relationships that qualify for DVRO protection. You can file for a DVRO if the person you need protection from is:
- Your current or former spouse
- Your current or former registered domestic partner
- Your current or former dating partner
- Someone you currently live with or used to live with in a romantic relationship
- The other parent of your child (regardless of whether you were ever married or dated)
- Your parent, child, sibling, grandparent, or grandchild
- A relative by blood or marriage within the second degree
The relationship requirement is specific. Casual friendships, even close ones, do not qualify. Roommates who are not romantically involved do not qualify. Coworkers do not qualify. For these situations, the Civil Harassment Restraining Order is the appropriate option.
Who Files a CHRO Instead
Civil Harassment Restraining Orders cover everyone who does not qualify for a DVRO. Common situations include:
- Neighbors involved in disputes
- Coworkers who are harassing or threatening you
- Strangers stalking you
- Distant family members not covered by California Family Code section 6211
- Former friends
- Roommates who are not romantic partners
- Casual acquaintances who become threatening
California Code of Civil Procedure section 527.6 governs Civil Harassment Restraining Orders. The substantive protections available are similar to a DVRO but the procedure and supporting law differ.
Side by Side Comparison
| Feature | DVRO | CHRO |
| Governing law | Family Code section 6200 et seq. | CCP section 527.6 |
| Relationship required | Yes (domestic relationship) | No relationship required |
| Filing fee | Waived | $435 (waivers available) |
| Service by sheriff | Free | Standard fee applies |
| Custody/support orders | Available | Not available |
| Move out orders | Available | Limited; only for shared residence |
| Standard of proof | Preponderance of evidence | Clear and convincing evidence |
| Duration | Up to 5 years (renewable) | Up to 5 years (renewable) |
| Firearm prohibition | Mandatory under federal law | Available as court order |
Filing Fees and Costs
Cost is one of the most practically significant differences:
DVRO Costs
All standard costs are waived for domestic violence cases:
- Court filing fee: $0
- Service by sheriff: $0
- Court reporter fee for transcript: usually $0
- Form copying: $0
Total cost: $0 for the court process. Costs for attorney representation are separate and vary.
CHRO Costs
Standard civil case fees apply:
- Court filing fee: $435 (in 2026)
- Service by sheriff: $40 to $150
- Service by private process server: $50 to $150
- Court reporter fee for transcript: variable
Total cost: typically $475 to $600. Fee waivers are available for low income filers using Form FW-001. Attorney fees are separate.
Available Protections in Each
Both types of orders provide significant protections, but the scope differs.
Protections Available in DVRO
- All personal conduct restraints (no contact, no abuse, no harassment)
- Stay away orders from home, work, school, and other locations
- Move out orders for shared residences
- Temporary child custody and visitation orders
- Temporary child support orders
- Temporary spousal support orders
- Property control orders
- Mandatory firearm relinquishment
- Pet protection orders
- Counseling and batterer’s intervention orders
Protections Available in CHRO
- All personal conduct restraints (no contact, no harassment, no threats)
- Stay away orders from specific locations
- Move out orders only for shared residences (limited)
- Firearm prohibition by court order
CHROs do NOT include:
- Child custody or visitation orders
- Child support or spousal support orders
- Property division beyond shared residence
If you need child custody or support orders along with restraining order protection, the DVRO process is more comprehensive when a qualifying relationship exists.
Court Process for Each
The procedural steps are similar but differ in specifics.
DVRO Process
- File Form DV-100 (Request for Domestic Violence Restraining Order) and supporting forms in family court
- Judge reviews same day; may grant TRO under Form DV-110
- Hearing scheduled 21 to 25 days later
- Sheriff serves the other party free of charge
- Both parties attend the hearing
- Judge issues permanent order or denies the request
CHRO Process
- File Form CH-100 (Request for Civil Harassment Restraining Order) in civil court
- Pay $435 filing fee (or file fee waiver Form FW-001)
- Judge reviews; may grant TRO under Form CH-110
- Hearing scheduled 21 to 25 days later
- Arrange for service through sheriff (paid) or private process server
- Both parties attend the hearing
- Judge issues permanent order or denies the request
Standard of Proof
Both DVRO and CHRO require evidence, but the standard of proof differs:
DVRO Standard
Preponderance of evidence. This is the lower civil standard, requiring the petitioner to show that the abuse more likely than not occurred. It is the same standard used in most civil cases.
CHRO Standard
Clear and convincing evidence. This is a higher standard than preponderance, requiring evidence that is highly probably true. The petitioner must show a strong probability that the harassment occurred. The higher standard reflects the policy that interfering with someone’s freedom requires stronger proof when there is no close relationship at issue.
This difference matters in practice. A DVRO can be granted on the same facts that might not support a CHRO because the burden is lower.
Special Categories of Restraining Orders
California has additional specialized restraining order categories beyond DVRO and CHRO:
Elder or Dependent Adult Abuse Restraining Order
Governed by California Welfare and Institutions Code section 15657.03. Available when the protected person is 65 or older or is a dependent adult and the abuser is someone with a caregiving relationship or other connection. Similar protections to DVRO; lower fees.
Workplace Violence Restraining Order
Governed by California Code of Civil Procedure section 527.8. Filed by employers on behalf of employees experiencing workplace violence or threats. Protects employees at the workplace.
School Violence Restraining Order
Governed by California Code of Civil Procedure section 527.85. Filed by educational institutions to protect students and staff from violence or threats.
Gun Violence Restraining Order
Governed by California Penal Code section 18100. Allows family members or law enforcement to ask the court to temporarily restrict a person’s access to firearms when the person poses a significant danger of injury to self or others. This is California’s red flag law.
How to Choose the Right Type
Choosing the right type of restraining order requires evaluating your relationship with the person to be restrained and what protections you need. For a complete guide to how to get a restraining order, see our step by step process article.
Use the DVRO if:
- You have one of the qualifying relationships in California Family Code section 6211
- You need custody or support orders along with protection
- You cannot afford filing fees
- You want the lower preponderance of evidence standard
Use the CHRO if:
- You do not have a qualifying domestic relationship
- The harassment involves a neighbor, coworker, or stranger
- You can afford the filing fee or qualify for a fee waiver
- You only need personal conduct and stay away orders, not family law remedies
What If You File the Wrong Type
If you file for the wrong type of restraining order, the court will not grant it but should advise you of the correct option. You may need to refile under the proper procedure. To avoid this, carefully review the relationship requirements before filing. If you are uncertain, consult with a family law attorney, the courthouse self help center, or a domestic violence advocate.
In some cases, a court may transfer a case from one process to the other rather than requiring complete refiling. This depends on the specific facts and the court’s procedures.
Frequently Asked Questions
Q: Can I get a restraining order against a roommate?
A: It depends on the relationship. If your roommate is a current or former romantic partner you live with, you qualify for a DVRO under California Family Code section 6211. If your roommate is purely a financial or platonic roommate without any romantic relationship, you must file for a Civil Harassment Restraining Order under California Code of Civil Procedure section 527.6 instead. The relationship determines which procedure applies, not the fact that you share housing.
Q: Which type is faster, DVRO or CHRO?
A: Both follow similar timelines. The TRO can be granted the same day you file. The hearing is scheduled 21 to 25 days later. The main differences are practical, not timing. DVRO has no filing fee while CHRO requires payment of $435 or a fee waiver application. Service by sheriff is free for DVRO but costs $40 to $150 for CHRO. In urgent situations, both procedures can provide same day temporary protection through the TRO.
Q: Can I file for both a DVRO and CHRO?
A: Not against the same person at the same time. The court will consolidate or dismiss the duplicate filing. If you have multiple people you need protection from, you can file separate cases. For example, if both your ex spouse and an unrelated stalker are threatening you, file a DVRO against the ex spouse and a CHRO against the stalker. They will be handled as separate cases in different courts.
Q: Does a CHRO show up on a background check?
A: Yes. Both DVROs and CHROs are entered into the California Law Enforcement Telecommunications System (CLETS) database. They appear on background checks performed by employers, landlords, and other parties with authorized access to CLETS information. Federal background checks also typically include CLETS data. The order remains visible even after it expires. There is a process to seal records under specific circumstances, but the default is that the order is visible.
Q: What if my abuser claims we never dated?
A: The court determines whether a dating relationship existed for purposes of the DVRO qualifying relationships. The judge considers factors including the length of the relationship, frequency of interaction, expectations of affection and sexual involvement, and the nature of the relationship as understood by each party. Casual or one time encounters may not qualify, but extended relationships generally do. If the court determines no qualifying relationship existed, you can refile as a CHRO.
Q: Can I get a restraining order against an ex who lives in another country?
A: California courts can issue restraining orders against people who live outside the United States, but enforcement is complicated. The order is binding within California and can be entered into international databases through cooperation agreements. Service of process in another country requires special procedures under international treaties. Enforcement against the person in that country depends on that country’s laws and any treaties with the United States. Consult with an attorney experienced in international family law matters.
Q: Do I need a lawyer to get a restraining order?
A: You are not legally required to have a lawyer for either DVRO or CHRO. Both processes are designed to be accessible to people without legal representation. However, having an attorney significantly improves your chances of success, especially in contested cases. Many domestic violence legal aid organizations provide free legal assistance. Family Law Facilitators at California courthouses help with form completion at no cost. Private attorneys often offer reduced fees or pro bono representation in domestic violence cases.
Q: What is the difference between a restraining order and a protective order?
A: In California, the terms are often used interchangeably but have specific meanings. A restraining order is a civil court order issued in a DVRO, CHRO, or similar civil proceeding. A protective order is typically issued in a criminal case to protect a witness or victim. Criminal protective orders are obtained through the prosecutor in a criminal case, not through filing your own paperwork. They can have similar protections but operate differently and have different rules for modification or dismissal.
Bottom Line
The choice between DVRO and CHRO depends on your relationship with the person to be restrained. If you have one of the qualifying domestic relationships listed in California Family Code section 6211, you qualify for a DVRO with no filing fees and access to family law remedies. If you do not have a qualifying relationship, the Civil Harassment Restraining Order under California Code of Civil Procedure section 527.6 is the appropriate option. Both provide significant protections lasting up to 5 years. Specialized restraining orders also exist for elder abuse, workplace violence, school violence, and gun violence situations.
If you need help determining which type of restraining order is right for your situation, a free consultation with a board-certified family law specialist can help you understand your options and select the procedure that best fits your needs.
About the Author
Donald Glen Haslam, Esq. is a Board-Certified Family Law Specialist by the California State Bar Board of Legal Specialization and a senior partner at Haslam & Thorne, LLP in Ontario, California. He has practiced family law exclusively for over 40 years, representing families throughout San Bernardino County and the Inland Empire. Reviewed by Brian George Thorne, Esq., Board-Certified Family Law Specialist.
Related Articles
- How to Get a Restraining Order in California: Step by Step 2026 Guide
- What Counts as Domestic Violence in California? Complete 2026 Guide
- Domestic Violence and Child Custody: California Family Code 3044
- Best Interest of the Child Standard: Complete 2026 Guide
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Restraining order procedures vary by state and individual circumstances require specific legal analysis. If you are in immediate danger, call 911. For confidential support, call the National Domestic Violence Hotline at 1-800-799-7233. For advice specific to your circumstances, consult with a licensed attorney. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.