Quick Answer To get a restraining order in California, you file court forms describing the abuse or threats, including Form DV-100 (Request for Domestic Violence Restraining Order) and Form DV-110 (Temporary Restraining Order). A judge typically reviews your request the same day or within 24 hours and may issue a Temporary Restraining Order (TRO). The TRO lasts until your hearing, which is scheduled 21 to 25 days later. At the hearing, the judge decides whether to issue a Permanent Restraining Order, which can last up to 5 years. Filing fees are waived for domestic violence cases. The Domestic Violence Prevention Act in California Family Code sections 6200 through 6460 governs the process. In emergencies, law enforcement can request an Emergency Protective Order from a judge by phone, which provides immediate protection for up to 7 days. If you are in immediate danger, call 911.
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The Three Types of Restraining Orders
California has three types of restraining orders for domestic violence situations, each lasting a different period and serving a different purpose.
Type Duration Who Requests It Emergency Protective Order (EPO) Up to 7 days Law enforcement (in emergency) Temporary Restraining Order (TRO) 21 to 25 days (until hearing) Victim, after filing court papers Permanent Restraining Order Up to 5 years (renewable) Victim, after court hearing Who Can Get a Domestic Violence Restraining Order
California Family Code section 6211 defines who qualifies for a Domestic Violence Restraining Order (DVRO). To qualify, you must have a specific relationship with the person you are seeking protection from. Qualifying relationships include:
- Current or former spouse or registered domestic partner
- Current or former cohabitant (person you have lived with romantically)
- Current or former dating partner
- Parent of your child
- Close blood relative (parent, child, brother, sister, grandparent, grandchild)
- Other relative by blood or marriage within the second degree
If you do not have one of these relationships with the person, you need a different type of restraining order. Civil Harassment Restraining Orders (CHROs) under California Code of Civil Procedure section 527.6 cover situations involving neighbors, coworkers, or others without a close relationship.
What Counts as Domestic Violence
California Family Code section 6203 defines domestic violence broadly to include any act of abuse against a person in a qualifying relationship. The list of qualifying acts is provided in California Family Code section 6320. For more on this definition, see our complete guide on what counts as domestic violence in California.
Qualifying acts of abuse include:
- Intentionally or recklessly causing or attempting to cause bodily injury
- Sexual assault
- Placing a person in reasonable apprehension of imminent serious bodily injury
- Stalking, harassment, threats, hitting, sexual assault, or following someone
- Destroying personal property
- Disturbing the peace of the other party (a broad category including coercive control)
- Making threats by phone, email, text, or social media
Emergency Protective Orders
An Emergency Protective Order (EPO) is requested by law enforcement when responding to a domestic violence call. Officers contact an on call judge by phone, describe the situation, and request emergency protection.
When EPOs Are Issued
- Police are responding to a domestic violence emergency
- Immediate protection is needed before regular court hours
- The judge finds reasonable grounds for emergency intervention
EPOs last only 7 days. During those 7 days, the protected person must file for a TRO in family court to maintain protection. EPOs are intended as a bridge to the formal court process, not as a final resolution.
What EPOs Can Include
- Order to stay away from the protected person
- Order to leave the family home (kick out order)
- Order to relinquish firearms
- Order to have no contact with the protected person and their children
Temporary Restraining Orders
A Temporary Restraining Order (TRO) is issued by a family court judge based on your written request, before the other party has a chance to respond. TROs provide protection until your court hearing, typically 21 to 25 days after filing.
Getting a TRO
To get a TRO, file Form DV-100 (Request for Domestic Violence Restraining Order) along with supporting documentation. A judge reviews your request, usually the same day, and decides whether to grant the TRO. If granted, the judge signs Form DV-110 (Temporary Restraining Order) which provides immediate protection.
What TROs Can Include
California Family Code section 6320 authorizes the court to order all of the following in a TRO:
- Personal conduct orders prohibiting abuse, harassment, contact, and stalking
- Stay away orders requiring a specific distance from your home, work, school, and vehicle
- Move out orders requiring the restrained person to leave a shared residence
- Property control orders giving you exclusive use of property
- Temporary child custody and visitation orders
- Temporary child support and spousal support orders
- Firearm restrictions requiring the restrained person to turn in all firearms
- Pet protection orders preventing harm to pets
Permanent Restraining Orders
A Permanent Restraining Order (also called a long term restraining order) is issued after a court hearing where both parties have the opportunity to present evidence. Despite the name, these orders are not actually permanent. They last up to 5 years and can be renewed.
Getting a Permanent Order
To get a permanent order, you must attend the hearing scheduled when the TRO was issued. At the hearing, you present evidence of the abuse and the need for ongoing protection. The judge issues a written decision either granting or denying the permanent order.
Standard of Proof
To grant a permanent DVRO, the judge must find by a preponderance of evidence that the abuse occurred. This is a lower standard than the criminal beyond a reasonable doubt standard. Even if a related criminal case was dismissed or acquitted, the civil DVRO can still be issued.
How to File the Forms
To file for a DVRO in California, complete and file the following forms at the courthouse in the county where you live:
Form Purpose DV-100 Request for Domestic Violence Restraining Order (main form describing the abuse) DV-109 Notice of Court Hearing DV-110 Temporary Restraining Order (signed by judge if granted) CLETS-001 Confidential CLETS Information (for law enforcement database) DV-105 Request for Child Custody and Visitation Orders (if applicable) DV-140 Child Custody and Visitation Order (if applicable) FL-150 Income and Expense Declaration (if requesting support) All forms are available free from the California Courts Self Help Center website. There is no filing fee for domestic violence cases. Many courts also have Family Law Facilitators or self help centers that can assist with form completion at no cost.
What Protections You Can Request
The protections you can request in a DVRO are extensive. Specifically request each protection you need on Form DV-100. The judge can include any of the following:
Personal Conduct Orders
Prohibitions on specific behaviors directed at you:
- No contact in any form (phone, text, email, social media)
- No harassment, threats, or intimidation
- No physical abuse or assault
- No destruction of your property
- No stalking or following
Stay Away Orders
Distance requirements from specific places:
- Your home
- Your workplace
- Your school
- Your children’s schools and daycare
- Your vehicle
- Your family members or close friends
Residence Orders
Orders about who lives in shared residences:
- Exclusive use of the family home (kick out order)
- Order to remove the restrained person’s belongings
- Police standby for retrieval of personal property
Firearm Orders
Federal and California law both prohibit a person subject to a DVRO from possessing firearms. The court will order the restrained person to:
- Turn in all firearms to law enforcement or a licensed gun dealer within 24 hours
- File proof of compliance with the court
- Refrain from purchasing or possessing firearms during the order
Service Requirements
After the court grants your TRO, the restrained person must be formally served with the papers before the order can be enforced against them. Service is a critical step that cannot be skipped.
Who Can Serve the Papers
- County sheriff (free for domestic violence cases)
- Professional process server
- Any adult who is not a party to the case (a friend or relative)
You cannot serve the papers yourself. The person serving the papers must complete Form DV-200 (Proof of Personal Service) and return it to the court.
Timing of Service
Service must be completed at least 5 days before the hearing under California Code of Civil Procedure section 245. If service cannot be completed in time, you can request an extension.
The Court Hearing Process
The court hearing for a permanent DVRO typically follows this structure:
- Both parties arrive at the courthouse on the hearing date
- The judge calls the case and asks both parties to present their positions
- You (the petitioner) present your evidence first: witness testimony, photos, text messages, medical records, police reports
- The other party has the right to cross examine your witnesses
- The other party presents their evidence and witnesses
- You have the right to cross examine their witnesses
- The judge may ask questions of both parties
- Both parties make closing statements
- The judge issues a written decision either granting or denying the permanent order
Hearings typically last 30 minutes to 2 hours depending on the complexity of evidence. Complex cases with multiple witnesses or extensive documentary evidence may extend over multiple days.
What Happens After You Get the Order
Once a permanent DVRO is issued:
- The order is entered into the California Law Enforcement Telecommunications System (CLETS) and is immediately enforceable by any law enforcement agency
- The restrained person must surrender all firearms within 24 hours
- Carry a copy of the order with you for reference and for police if needed
- Provide copies to your workplace, your children’s schools, and other relevant locations
- Call 911 immediately if the order is violated
When Restraining Orders Expire
Permanent restraining orders last up to 5 years from the date issued. To extend protection beyond 5 years, you must file for renewal before the original order expires. California Family Code section 6345 allows the court to renew the order for an additional period not exceeding 5 years, or permanently if appropriate. Renewals can be granted without proof of new abuse if you have a reasonable fear of future abuse.
Enforcement and Violations
Violating a restraining order is a crime under California Penal Code section 273.6. Penalties for first time violations include:
- Up to 1 year in county jail
- Fine of up to $1,000
- Mandatory completion of a 52 week batterer’s intervention program
Repeat violations or violations involving injury can be charged as felonies with up to 3 years in state prison. Any violation of a restraining order should be reported to law enforcement immediately. Document each violation with date, time, location, and witnesses.
Frequently Asked Questions
Q: How much does it cost to file a restraining order in California?
A: Filing fees for domestic violence restraining orders are waived in California. There is no charge to file Forms DV-100 and related documents. The sheriff also serves domestic violence restraining order papers free of charge. If you choose to hire an attorney to assist with your case, attorney fees vary based on the complexity. Many attorneys offer reduced fees or pro bono representation in domestic violence cases. Legal aid organizations also provide free assistance.
Q: How long does it take to get a restraining order?
A: An Emergency Protective Order can be granted within minutes by law enforcement contacting a judge by phone. A Temporary Restraining Order is typically granted the same day you file your court papers, usually within hours. A Permanent Restraining Order takes 21 to 25 days from filing because the court must schedule a hearing where both parties can be heard. In emergencies, the EPO process provides immediate protection.
Q: What evidence do I need for a restraining order?
A: Strong evidence includes police reports, medical records of injuries, photographs of injuries or property damage, threatening text messages or emails, voicemails, social media posts, witness statements from people who saw or heard the abuse, and any prior court orders involving the same person. Detailed written declarations from you describing specific incidents with dates, times, and locations are also important. You do not need physical evidence of every incident, but specific descriptions are stronger than general claims.
Q: Will I see my abuser at the hearing?
A: Yes, both parties are usually required to attend the hearing. Courts have safety measures including separate entrances, security personnel, and seating arrangements to minimize contact. If you are concerned about safety, request specific accommodations from the court in advance. The judge can also conduct the hearing through video appearance in some circumstances. The National Domestic Violence Hotline at 1-800-799-7233 can connect you with local advocates who can attend the hearing with you for support.
Q: Can I drop a restraining order I filed?
A: Yes. The petitioner can request to dismiss a restraining order at any time. However, the court is not required to grant the dismissal automatically. Judges sometimes question whether the dismissal request is voluntary or has been pressured. The court must protect the integrity of the order. A criminal court restraining order issued in conjunction with criminal charges cannot be dismissed by the victim alone; the prosecutor decides.
Q: What if the person I need protection from lives in another state?
A: California courts can issue a restraining order against a person living in another state if you live in California. The Uniform Interstate Enforcement of Domestic Violence Protection Orders Act requires every state to enforce restraining orders from other states. Service of the papers in another state requires using out of state process servers or the sheriff in the other state’s county. The hearing is held in California; the other person may appear by video or telephone in some courts.
Q: Will a restraining order affect my custody case?
A: Yes, significantly. A finding of domestic violence in a restraining order triggers the presumption in California Family Code section 3044 against awarding custody to the perpetrator. This affects both temporary and permanent custody decisions. The court considers the domestic violence finding when applying the best interest of the child standard. Visitation may be restricted, supervised, or denied. For details on this presumption, see our guide on domestic violence and child custody.
Q: Can I get a restraining order against someone I am not dating?
A: For a Domestic Violence Restraining Order, you must have one of the qualifying relationships in California Family Code section 6211 (current or former spouse, cohabitant, dating partner, parent of your child, or close blood relative). If you do not have a qualifying relationship, you can file for a Civil Harassment Restraining Order under California Code of Civil Procedure section 527.6 instead. CHROs cover neighbors, coworkers, and other situations without a close personal relationship.
Bottom Line
California provides extensive protections for victims of domestic violence through three types of restraining orders. Emergency Protective Orders provide immediate but short term protection through law enforcement. Temporary Restraining Orders provide protection while a court case is pending. Permanent Restraining Orders, lasting up to 5 years, are issued after a hearing. The Domestic Violence Prevention Act in California Family Code sections 6200 through 6460 governs the process. Filing fees and service costs are waived for domestic violence cases. Help is available.
If you are in immediate danger, call 911. For confidential help and resources, contact the National Domestic Violence Hotline at 1-800-799-7233. For legal assistance with filing a restraining order or related family law matters, a free consultation with a board-certified family law specialist can help you understand your options.
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.
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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 family law attorney. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.
