California restraining orders are legal orders designed to protect individuals from abuse, stalking, or harassment. These situations can involve a current or former partner, family member, neighbor, coworker, or caregiver. The order requires the abuser to maintain a specific distance from the victim and prohibits any form of contact. Obtaining a restraining order is generally a straightforward process through your local court, and it effectively safeguards the victim while also addressing harmful behaviors that may not count as criminal acts.

In California, you can request a restraining order through your local superior court either online or by obtaining the standard court forms from the Supreme Court of California. After filling out the forms with details about the harassment, you can submit them to the clerk at your county’s Superior Court.

What To Do First When Applying for a Restraining Order

To start the process of requesting a restraining order, you should first consult with a lawyer with family law experience. After that, you can proceed with the following steps to secure the restraining order:

Choose the Appropriate Type of Restraining Order

There are several restraining orders, but usually, only one will fit your situation. Therefore, you should pick the right one.

Domestic Violence Restraining Order

Eligible relationships consist of:

  • A person you have dated
  • Boyfriend or girlfriend
  • Spouse
  • Domestic partner
  • Ex-partner
  • Close family member
  • In-laws

Civil Harassment Restraining Order

Eligible relationships consist of:

  • Roommate
  • Neighbor
  • Co-worker or their spouse
  • Stranger
  • Landlord
  • Any other individual

Collect Evidence

The initial thing you should do is to collect evidence that backs up your claim. Regardless of the type of restraining order you pursue, the person requesting protection must demonstrate a reasonable belief that they are experiencing abuse. Types of evidence that can support your case include:

Police Report

A police report can provide decision-makers with details from the day of the reported incident. These reports may include information about your allegations and the officers’ observations upon arrival. If they noticed any unusual behavior or signs of physical abuse on you, the officers would record it in the report.

Written Journal

Keeping a journal of incidents related to your relationship with the alleged abuser can serve as crucial evidence of the abuse over time. Make sure to include detailed information such as:

  • The date
  • Time
  • Location of the crime scene

Investigators will consider this information seriously to identify any patterns or discrepancies with the defense’s claims in court.

Medical File and Records

If you seek immediate medical attention for injuries, this is strong evidence. The medical report will provide details about the injuries and may help establish a timeline based on the condition of the injuries when examined by a healthcare professional.

Photographs can also be strong evidence. Clear images of your injuries or any damage to property linked to the alleged actions will significantly support your case for obtaining a restraining order.

Witness Statement

Having a person testify for you can be a powerful form of evidence. It does not necessarily need to be someone present during the abuse, as that is often not the case. It could be a friend who noticed you were not yourself a few hours later or a family member who saw any physical signs on your body the following day. Any third party who can back up your claims can be very beneficial in obtaining a restraining order.

Obtain a Copy of the Court Forms

To apply for a restraining order, you must complete and submit certain official court forms from California. These forms include questions designed to assess your circumstances and the individuals involved.

Domestic Violence Restraining Order Forms

The main form for a domestic violence restraining order is:

  • DV-100 Request for DVRO (DV-100) 

Additionally, the following supporting forms may be necessary: 

  • CLETS-001 Confidential Information 
  • DV-109, which notifies the respondent about the court hearing
  • DV-110, which is a temporary restraining order

These forms are essential in specific cases, such as when you have children together and seek child custody, parenting time, or child support orders: 

  • FL-150 Income and Expenses Declaration 
  • DV-105 to request visitation orders and child custody 
  • DV-140, which notifies you that the court has given orders regarding your children’s custody with the other side
  • DV-108, which prevents child abduction by the other parent
  • DV-145 also prevents child abduction

You can find the complete set of documents on the California Courts website. Most courts use these forms, but some may have modified versions. Therefore, you should use the correct ones.

Civil Harassment Restraining Order Forms

The main form is a CH-100 Request for Civil Harassment Restraining Orders. Additionally, the following supporting forms are required:

  • CM-010 Civil Case Cover Sheet—This is necessary when filing any new civil case
  • CH-109 Notice of Court Hearing—You can use this form if you successfully submit your initial case, but make sure to file it as part of CH-100. It contains essential information to help the court complete its sections and notify all parties, including you (or the victim) and the abuser, about the hearing. If the court schedules a hearing, they will fill out this form as a formal notice to attend the court hearing.
  • CH-110 Temporary Restraining Order (CLETS-TCH)—You can use this form if your initial case is successfully submitted, and you should file it with CH-100. It includes basic information to assist the court in completing its sections. If the court sets a hearing, they will issue a temporary restraining order using this form, protecting you (or the victim) until the hearing occurs. This document becomes very significant once signed by a judge.
  • CLETS-001 Confidential CLETS Information—The details on this form will aid law enforcement in enforcing your restraining order. The court will not utilize this information, and the individual you seek a restraining order against will not receive a copy.
  • CH-200 Proof of Personal Service—This form confirms that someone 18 or older (not you) delivered a copy of the request, notice of court hearing, and temporary restraining order (if issued) to the person receiving a restraining order.
  • CH-130 Civil Harassment Restraining Order After Hearing (CLETS-CHO)—If the judge grants a full restraining order (as opposed to a temporary one), they will complete and sign this form, which serves as the official restraining order.
  • CH-120 Restraining Orders—Leave this form blank and serve it to the restrained person, along with a copy of your request and notice of hearing.
  • CH-800 Proof of Firearms Turned In, Sold or Stored—Do not fill out this form; provide it to the restrained person along with a copy of your request and notice of hearing.
  • CH-250 Proof of Service by Mail—This form shows that someone 18 or older (not you) mailed a copy of your Civil Harassment Restraining Order After Hearing (form CH-130) to the restrained person. Ensure that mailing form CH-130 is allowed in your situation.

Submit Your Request to the County Superior Court

Filing involves several steps: 

  • First, you submit the case documents to the court through the clerk’s office. 
  • Next, the clerk checks the forms for accuracy and includes all necessary information. 
  • Finally, the clerk records the case in the court database, stamps the documents, and assigns a case number.

Determine the County or Venue

The proper venue for a restraining order case is either the county where the abuse occurred or where the restrained person resides. Venue is a matter that a defendant can raise as a defense, and the court will only consider it if the restrained party files a motion to change the venue when responding to the request. The court cannot deny relief solely for improper venue unless someone files a motion.

Determine the Jurisdiction

In California, you usually file at the Superior Court in the county where you reside or where the harassment occurred. While there may be specific cases and details, this is the general rule. If your situation is unusual, such as the abuser being overseas or you being abroad while the abuser is in California, you should consult a lawyer.

Identify the Right Sub-location

A county’s Superior Court can have a single location, like the Superior Court of San Francisco. Each court operates its system, so you should file at the right place.

Identify the Filing Methods

There are two methods you can consider when filing your request:

  • In-person at the Courthouse

You can submit your forms directly at the courthouse during its operating hours. When you bring your case records, you should have three copies. A clerk will review your records, officially enter them into the court’s system, and place a stamp on the top.

  • E-Filing System

This option is very efficient. Some jurisdictions now offer online services where you can have a free account to upload and submit your documents. Note that the application may involve service fees.

  • Through Another Person

In some counties, a legal courier or friend can file your documents. These individuals or companies typically charge a flat service fee or an hourly rate to handle the filing at the courthouse.

The Court Sets a Hearing To Determine If the Temporary Restraining Order (TRO) Should Be Approved or Denied

The judge can examine the case privately, and you will receive a notification from the court regarding the results, which could be:

  • TRO Granted
  • TRO Denied

Usually, the judge will also schedule a hearing. The court can dismiss your case without a hearing if it believes insufficient evidence exists. If a judge issues a temporary order, it remains in effect until your hearing, typically about three weeks later. If the court postpones the hearing, you should contact the court to confirm that the temporary restraining order is extended until the court hearing to ensure you have legal protection.

Serve Your Abuser with a set of Stamped Case Forms and the Hearing Notice

When one party files for a restraining order, they must formally notify the harasser by giving them the court papers. This process is known as serving the defendant.

There are several methods to serve the other party in California. However, the law does not allow you to serve the papers yourself.

Use the Sheriff

A marshal or sheriff can serve the opposing party on your behalf; these services are free. To request this, you must provide a location or an address for the other side. If the person is in custody, the sheriff could serve them there.

The prison staff will handle the service if the individual is in a California prison. If you want to serve a person in prison, follow the California Department of Corrections and Rehabilitation guidelines.

Ask a Friend, Any Adult, or Relative

You can request someone you know to serve the papers if they are 18 or older and not involved in your case. Consider safety when selecting your server. You can find detailed instructions on having another person serve the court documents.

Hire a Process Server

Another option is to hire a professional process server or courier specifically for legal documents. You can find local services by searching on Google or Yelp. You cannot use regular couriers like FedEx, UPS, or the United States Postal Service for this purpose unless a judge allows delivery by mail, which is a separate matter.

Present Your Evidence in Court

The court will schedule a hearing in a few weeks to review the evidence. If the Judge finds enough supporting evidence, they will grant a restraining order. At this stage, violating the terms of the restraining order becomes a criminal offense for the abuser.

Obtain the Final Restraining Order

Following the hearing, the court can grant you a final restraining order. You could take a printed copy of this order with you. Usually, the order remains in effect for 5 years.

Find a Competent Restraining Order Law Firm Near Me

If you need a restraining order and want help collecting evidence in California, our attorneys at Goldman Flores Restraining Order Law Firm are here. A restraining order will keep your abuser away from you. We can help you secure a restraining order and represent you during the hearing in California. Call us at 213-341-4087 to talk to one of our lawyers in California.