How to Get a Domestic Violence Restraining Order in California
A survivor-focused guide to California’s process for domestic violence restraining orders.
California Domestic Violence Restraining Orders
What a Domestic Violence Restraining Order Is
A California domestic violence restraining order is a court order that is meant to help protect a person from abuse, threats, stalking, or harassment by someone they have a close relationship with. It is sometimes called a “DVRO” or a “protective order.”
This type of order can tell the other person what they are not allowed to do, where they are not allowed to go, and how they may or may not contact you. It can also include rules about children, housing, and certain financial issues.
Who May Qualify for a Domestic Violence Restraining Order
California law focuses on the type of relationship between you and the person you want protection from. People who may qualify include:
- Current or former spouses
- Current or former registered domestic partners
- People who live together or used to live together in a close relationship
- People who are, or were, dating or in a romantic relationship
- People who share a child together, even if they never lived together
- Certain family members, such as:
- Parents and children
- Grandparents and grandchildren
- Brothers and sisters
- In-laws in some situations
If your relationship does not fit into these categories, there may be other types of restraining orders available in California, such as civil harassment orders. Those follow different rules and forms.
Where People Usually File and Who Can Help
Domestic violence restraining order cases are usually started in the Superior Court for the county where you live, where the other person lives, or where the abuse occurred. Many counties have a specific family law or domestic violence department that handles these requests.
People often get practical help with forms and the filing process from:
- Court self-help centers – Many California courthouses have self-help or family law facilitators who can explain the forms and process in plain language.
- Legal aid organizations – Some non-profit legal groups offer free or low-cost help with paperwork, preparation, and sometimes representation.
- Domestic violence advocates – Local shelters and advocacy programs may help with safety planning, court accompaniment, and understanding your options.
- Victim/witness assistance programs – Some District Attorney offices have staff who can provide information about restraining orders and court logistics.
Additional support options across the United States, including California, can be found through information and referral services listed at https://www.dv.support.
Understanding the Basic Steps
1. Applying for an Emergency or Temporary Order
Many people start by asking the court for fast, short-term protection. In California, this is often done through:
- Emergency protection orders (EPOs) – Law enforcement officers may request an emergency order from a judge, usually at the scene of an incident or shortly after. These orders are very short-term.
- Temporary restraining orders (TROs) – You can file paperwork at the court asking for a temporary order. A judge usually reviews the paperwork the same day or within a short time. The other person is not present when the judge decides whether to grant this temporary protection.
If the judge grants a temporary order, it usually stays in effect until your court hearing date for a longer order, as long as it is properly served on the other person.
2. Serving the Restrained Person
After you file, the other person must receive a copy of the court papers and any temporary orders. This is called “service.” In California:
- You are not allowed to serve the papers yourself.
- Service is usually done by law enforcement, a professional process server, or another adult who is not part of the case and meets court requirements.
- The server usually fills out a proof-of-service form to show the court that the other person received the documents.
3. Court Hearing for a Longer-Term Order
The court will schedule a hearing date, usually within a few weeks. At this hearing, both you and the other person have the chance to speak to the judge, present documents, and bring witnesses. Based on what is presented, the judge decides whether to issue a longer-term restraining order and what protections it will include.
If the court grants a longer order, it may last for a set number of years. The order may be renewed before it expires if the judge finds a legal basis to do so under current California rules.
Types of Protections People Can Request
Domestic violence restraining orders in California can cover a range of protections. What is available in your situation depends on the facts of your case and current California rules. Common protections people often request include:
No-Contact and Stay-Away Orders
- No contact by phone, text, email, mail, or social media
- No contact in person at your home, work, school, or other listed places
- Orders to stay a certain distance away from you and sometimes other protected people
Move-Out Orders
- Orders that the restrained person must move out of the residence you share
- Orders giving you temporary possession of the home, even if it is rented or owned in the other person’s name, depending on circumstances and current rules
Child-Related Orders
- Temporary custody and parenting time arrangements
- Safe exchange locations for child pick-ups and drop-offs
- Limits or conditions on contact between the restrained person and the children
- Orders concerning travel with the children within or outside California
Financial and Property Protections
- Temporary orders about who pays certain bills, like rent or utilities
- Orders about the use and control of certain vehicles or other property
- In some cases, temporary support or reimbursement of certain expenses, depending on your relationship and current California procedures
Other Safety-Related Terms
- Orders about firearms and ammunition, consistent with California and federal rules
- Orders preventing the restrained person from harming pets or interfering with them
- Orders about not changing insurance or other important accounts
Preparing for the Court Hearing
Documents and Evidence
People often bring organized information to help explain what has been happening. Helpful items can include:
- Copies of any police reports, if available
- Medical visit summaries or other records related to injuries or threats, if you have them
- Printed screenshots of texts, emails, social media posts, or call logs
- Photos of injuries, property damage, or other relevant conditions
- Any prior court orders, including earlier restraining orders or family law orders
It can help to organize documents by date and label them clearly. Some courts ask you to file copies ahead of the hearing, so check current local rules.
Witnesses
Some people bring witnesses who have personally seen or heard important events. These may include:
- Friends, neighbours, or family who witnessed incidents or injuries
- Co-workers, supervisors, or school staff who observed threats, stalking, or harassment
What to Expect on the Day of the Hearing
Hearing-day experiences vary by county, but common steps include:
- Arrival and security: You usually pass through courthouse security. Some courts have separate waiting areas in domestic violence cases.
- Check-in: You typically check in with the courtroom clerk or bailiff so they know you are present.
- Waiting for your case: The judge will call each case in turn. There may be a wait depending on the calendar.
- Speaking to the judge: You will usually be asked to confirm your name, briefly explain what has been happening, and say what protections you are asking for.
- Respondent’s turn: The other person will also have a chance to speak, bring evidence, and ask the judge to consider their side.
- Questions from the judge: The judge may ask both sides questions to clarify details.
- Decision: The judge may decide that day whether to grant or deny a longer order, or may continue the hearing to another date if more information is needed.
Safety and Emotional Support at Court
- Some courthouses can provide a separate waiting space if you ask.
- Advocates from local domestic violence agencies may be able to accompany you.
- In some courts, you can ask for a sheriff or bailiff to be present for added safety in the courtroom.
After the Court Makes an Order
If the judge grants a restraining order, you will usually receive a written copy with the terms listed. It is common to:
- Keep copies with you and in safe places, such as at home, work, or a child’s school.
- Give copies to anyone protected by the order who is old enough to understand it.
- Ask a local law enforcement agency how they record restraining orders in their system.
If the judge does not grant the order, or grants only part of what you requested, you may still be able to get other types of help or explore different legal options. Legal aid or a self-help center can explain what may be available in your situation.
Procedures Can Change—Check Current California Resources
California’s restraining order procedures, forms, and rules can change over time and may be applied differently from one county to another. The exact steps you follow might depend on:
- Which county you are filing in
- Current court rules, including any emergency or pandemic-related changes
- Updated forms or filing methods, including electronic filing in some locations
To make sure you are using the most current process and forms, consider checking:
- Your local Superior Court’s website or clerk’s office
- The court’s self-help center or family law facilitator
- Current information from California legal aid organizations
- Local domestic violence advocacy programs