A restraining order is a court order that gives people the power to establish legal limits in response to threats, harassment, or violence. In California, there are various kinds of restraining orders that can be used to fit different circumstances, be it domestic abuse, civil harassment, elderly abuse, or work-related threats. These orders protect against threats and provide peace of mind.
The demand for restraining orders is high. Police officers in California receive more than 100,000 domestic violence calls annually. Also, about one-third of the state's women have been victims of domestic abuse, and this leads to a large percentage of violent crimes and murder.
Due to the rampant cases of violent offenses, protective orders, particularly permanent ones, have been put in place, hence significantly decreasing continued abuse and contact. This guide explains the restraining order process in California and helps you know your rights and act to protect yourself.
Step 1 – Determine the Type of Restraining Order You Need
The basis of acquiring legal protection in California is the selection of the correct type of restraining order. The law provides various restraining order types, each related to a particular relationship and harm. Knowing which kind of relationship or situation applies to your case ensures the proper legal process is followed.
A domestic violence restraining order (DVRO) is used when the violence is based on a close relationship, like a spouse, romantic partner, co-parent, or family member. Abuse may be physical, emotional, or financial. In California, people 12 years and above can file independently, and DVRO filing is free. The process is standardized statewide by forms like DV-100.
When the abuser is not a close relative, for example, a neighbor, acquaintance, or stranger, then a civil harassment restraining order is suitable. The petitioner should demonstrate significant emotional distress due to frequent harassment. These orders can extend to three years and cover the attorney's fees.
Older people may apply for an elder abuse restraining order. This order can also apply to dependent adults (between 18 and 64 with mental conditions). These orders apply in cases of abuse, neglect, isolation, or financial exploitation, and are often fast-tracked due to the victim’s vulnerability.
To safeguard employees against workplace threats or violence, an employer must apply for a Workplace Violence Restraining Order. The new legislation, Senate Bill 428 (effective January 1, 2025), expanded protection to include severe emotional harassment even without physical violence..
Step 2 – Gather Evidence and Documentation
To obtain a restraining order in California, it is not enough to provide the personal account. Some credible and well-organized evidence is required. Police officers and judges use written records to determine whether a history of abuse, harassment, or threats warrants legal intervention. The better your evidence, the stronger your case.
Peace officers are instructed to be aware of the indicators of continued abuse, including changes in daily schedules, unwanted repeated contact, security camera footage, or supporting witness testimony.
Begin by saving voicemails, texts, emails, and social media messages. Maintain an incident log with dates, times, locations, and types of incidents. Pictures of injuries, property damage, or written threats are also helpful in demonstrating the gravity of your predicament.
Research backs this practice. The Journal of the American Academy of Psychiatry and the Law also argues that restraining orders are best applied when accompanied by physical or documentary evidence. Medical records and sworn witness statements also support your claims. Restraining orders, especially those supported by documented evidence, can significantly reduce repeat abuse during the first year.
Your written petition and declaration together tell your story to the court. Be clear, chronological, and specific about the impact of the abuse. A criminal conviction is not necessary, but courts must observe that it is more probable than not that the abuse took place. Prudent planning creates trust and immunity.
Step 3 – Complete and File Court Forms
Filing the proper court forms is crucial in filing a restraining order case in California. Every form of restraining order, be it domestic violence, civil harassment, elder abuse, or workplace threats, has a particular group of forms that the California Judicial Council issues.
Although it is standardized across the state, certain counties might have additional local requirements. It is essential to be precise because mistakes or omissions may slow down your case or cause the court to deny your protection request.
In the case of Domestic Violence Restraining Orders (DVROs), the most common is DV-100, which defines the relationship with the restrained individual and explains the abuse. To make financial disclosures, you might also require:
- DV-101 (Description of Abuse)
- DV-109 (Notice of Court Hearing)
- DV-110 (Temporary Order)
- DV-105 (Child Custody)
- FL-150 or FL-155
Cases of civil harassment start with CH-100 and are followed by attachments such as CH-109, CH-110, CH-200, CM-010, and CLETS-001. Many superior courts offer form packets and fee waiver instructions.
Forms will be downloaded from the California Courts site or the local court. Write in black or blue ink, print on one side, and adhere to formatting rules. File at the Superior Court where the abuse occurred or in which one of the parties resides. E-filing is permitted in some courts, but drop-box or in-person filing remains prevalent.
After acceptance, the court gives a case number, stamps your papers, and provides a hearing date, which is the formal beginning of your case.
Step 4 – Temporary Restraining Order (TRO) Review
A California judge can issue a temporary restraining order (TRO) as soon as they review your request when you require urgent protection. Code of Civil Procedure 527.6(f) requires the court to decide your TRO application on the day you file it or the following judicial day in case of late filing. An issued TRO usually lasts no more than 21 days and can be renewed to 25 days upon good cause, after which a court hearing on a more permanent order is set.
The judge reads your petition, declarations, and other documents ex parte, that is, without the other party's presence. The judge may award the TRO immediately if your evidence demonstrates reasonable evidence of injury or threats. Upon signing, it is enforceable statewide and placed in the California Law Enforcement Telecommunications System (CLETS), where law enforcement can enforce it immediately.
The TRO and Notice of Hearing have been served on you, the court, and the respondent. Unless the judge reduces the period because of urgency, these should be served personally to the respondent, and in most cases, at least five days before the hearing.
If the TRO is denied, your request shall still be considered at the hearing. Also, Emergency Protective Orders (EPOs), which are frequently granted by police in domestic violence situations, provide temporary relief of 5 to 7 days as you seek a TRO in court.
Step 5 – Serve the Papers to the Respondent
After you have filed your forms and, where appropriate, a Temporary Restraining Order (TRO) has been issued, the next important step is to serve the documents to the person you are trying to protect yourself against—the respondent. The California law requires proper service as a legal requirement, and it guarantees the court's jurisdiction over the respondent.
According to California Civil Procedure Code 527.6(h)(3), the service should be made at least five working days before the hearing date, or within a shorter time in cases of emergency. The documents to be served are copies of all your court forms filed, TRO, Notice of Hearing, and blank response forms that the respondent can fill out.
These documents should be presented by an adult aged 18 years who is not part of the case. The most common are a friend or a family member, a professional process server, or even the county sheriff in certain counties.
After the service is done, the server fills out a Proof of Service form, for example, Form DV-200 (Domestic Violence), CH-200 (Civil Harassment), or WV-210 (Workplace Violence), to certify under penalty of perjury that the respondent was served in a manner that comports with the law. This evidence should be presented in court before the hearing. Acceptance of duly filled service documents by the court is critical because failure to serve or to file evidence may delay the hearing or dismissal.
Proper service of the respondent empowers the court to move on and provide the respondent with fair notice and a chance to be heard at the hearing.
Step 6 – Prepare for the Court Hearing
Preparing your restraining order hearing is not just about collecting documents but also about having a clear presentation strategy and knowing what to expect in the courtroom. Begin by preparing your materials in a binder with labeled exhibits. Send three copies of each document, one to the judge, one to the respondent, and one to you. The self-help courts in California emphasize neat and complete packets to have an efficient proceeding.
Write a written outline of your testimony. Note the presentation of facts in logical order. Use concrete dates, times, and events, and rehearse your delivery to keep your head during questioning. If you intend to bring witnesses, ensure they are ready with personal knowledge and submit any necessary documents, including FL-321 (Witness List), at least ten court days before the hearing.
In the hearing, both sides are allowed to provide evidence and cross-examine. The respondent is entitled to cross-examination in workplace violence cases. Judges typically permit cross-examination in DVRO and civil harassment cases, but control it to prevent harassment.
The other party will ask leading questions aimed at disputing your statements. Remain composed, be honest, and ask redirecting questions when necessary to explain issues. When it is hearing day, be there early, dress appropriately, carry your evidence, and ask for any interpreter or ADA accommodations beforehand.
Step 7 – Attend the Restraining Order Hearing
Your court hearing is where you have a formal chance to present your case before a judge. Upon your case being called by the clerk, you and the respondent will be seated at different tables. The judge will start by ensuring that the two parties are present, that service has been duly effected, and that the hearing is about to commence. This preliminary review makes the case procedurally sound.
You, the petitioner, will speak first. With the help of your prepared outline, explain in detail what occurred, when, and how it impacted you. Consult your exhibits and produce them. In case you have witnesses, interrogate them with open-ended questions to elicit their observations. Once you testify, the respondent, or their attorney, can cross-examine you and your witnesses, seeking contradictions or other explanations.
After both parties have presented their arguments, the judge can pose follow-up questions and examine all the documents presented. They can provide a ruling on the spot or put the case under submission for further review and then give a written ruling.
If it is granted, the restraining order takes effect immediately and is entered into CLETS, making it enforceable throughout the state. The duration of the orders is usually between one and five years, based on the type of case. In case of refusal, the judge will justify it, and you can still appeal or file again with new evidence.
Step 8 – After the Court Hearing
Once the judge grants your restraining order, its protections go into effect immediately and last as long as the court decides, usually up to either five years in the case of domestic violence or three years in cases of civil harassment or workplace violence. The next thing you need to do is enforce the order and protect your peace of mind.
Begin by getting certified copies of the order from the clerk. Carry one around and leave others in essential places, like your house, work, school, or daycare. Disseminate the order among people or organizations that can assist in its implementation. Law enforcement will automatically access it via the California Law Enforcement Telecommunications System (CLETS).
In case the restrained individual breaks the order by calling you, showing up around you, or messaging, contact the police straight away. According to Penal Code 273.6, violating a restraining order is a criminal offense that can lead to arrest, fines, or jail time. Take screenshots, recordings, or the testimony of witnesses of all violations.
If the order no longer addresses new threats, you can petition to change it using court form DV-400 or its civil/workplace version. When the expiration date is close, evaluate the necessity of renewal. By demonstrating that you are still at risk, you may request the court to renew the order, possibly indefinitely, by appearing before a renewal hearing.
Find a Restraining Order Attorney Near Me
The California restraining order process may seem overwhelming, but it is a legal tool that allows you to regain control. This guide has described every necessary step, from identifying the proper type of order to filing, appearing in court, and enforcing long-term protection. Domestic abuse, harassment, and threats are serious issues, but California law offers powerful legal opportunities to keep you safe.
A restraining order is a formal declaration that you have the right to live without fear. Having a skilled lawyer on your side will make the procedure more understandable, your case will be more solid, and your voice will be heard to the fullest extent.
If you or a loved one is at risk, call the Goldman Flores Restraining Order Law Firm now at 213-341-4087. We will offer you reliable legal advice and a free consultation. The law is here to protect you, and so are we.
