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Seeking a restraining order can be an overwhelming process, especially when you’re already dealing with threats, harassment, or abuse. As a Riverside family law attorney, I’ve guided numerous clients through the process of obtaining the legal protection they need during frightening and uncertain times.
This comprehensive guide will walk you through the steps of securing a restraining order in California, with special attention to the recent 2025 legal updates that have streamlined and improved the process.
In California, domestic violence is legally defined as abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, dating or used to date, live or lived together, or have a child together). It also includes abuse from family members (such as parents, children, siblings, grandparents, or in-laws).
Abuse in domestic violence cases can take various forms:
Understanding this legal definition is crucial when filing for a domestic violence restraining order, as you must demonstrate that your situation meets these criteria.
California courts take these matters seriously and have established clear guidelines to determine whether domestic violence has occurred.
A restraining order (also called a protective order) is a court order that requires one person to stop harming, threatening, or harassing another person. In California, these orders can include various protections, such as requiring someone to:
California law recognizes that immediate protection is often necessary, which is why the restraining order process is designed to provide both emergency protection and longer-term security.
California offers several types of restraining orders, each designed for specific situations:
This order protects people who have experienced abuse from someone with whom they have a close relationship, such as:
Abuse under California Family Code § 6203 includes:
This order protects against harassment from someone with whom you don’t have a close relationship, such as:
Harassment under California Code of Civil Procedure § 527.6 includes:
Employers can obtain this order to protect an employee from violence or threats of violence in the workplace.
This protects people 65 or older, or dependent adults (18-64 who have certain disabilities), from various forms of abuse.
Attorney Note: Selecting the correct type of restraining order is crucial for ensuring you receive appropriate protection. In Riverside County courts, filing under the wrong category can result in delays or denial of protection.
Recent changes to California law have significantly improved the restraining order process, with several important updates taking effect in 2025:
As of 2025, court clerks in California can no longer reject ex parte protective order applications if they:
This important change prevents unnecessary delays in emergency situations and ensures that victims seeking protection have their requests properly considered by a judge.
Courts must now conduct comprehensive background checks on individuals subject to proposed restraining orders. These checks include:
This information must be considered when deciding whether to issue protective orders and when determining appropriate custody and visitation arrangements.
Attorney Note: These 2025 updates reflect California’s commitment to improving protection for victims of abuse and harassment. The enhanced background check requirements provide judges with crucial information that may not have been readily available in previous years.
Based on your relationship with the person you need protection from, identify which type of restraining order is appropriate. If you’re unsure, consult with an attorney or a court self-help center.
Common types include Domestic Violence Restraining Orders (DVRO), Civil Harassment Restraining Orders (CHRO), and Elder Abuse Restraining Orders.
You’ll need to complete several forms to request a restraining order:
Be thorough and specific when describing incidents of abuse or harassment. Include:
Attorney Note: In Riverside County, the court’s family law facilitators can provide assistance with completing these forms, but they cannot provide legal advice about your specific situation.
Take your completed forms to the clerk at your local superior court. In Riverside County, restraining orders are generally filed at:
There is no filing fee for domestic violence restraining orders. For civil harassment restraining orders, a fee may apply, but you can request a fee waiver if you cannot afford to pay.
If you need immediate protection, request a temporary restraining order (also called “ex parte” orders). The judge will review your paperwork, usually on the same day you file, and decide whether to grant temporary protection until your court hearing.
Under California’s 2025 updates, courts are required to consider specific factors when evaluating immediate harm to you or your children, including the restrained person’s illegal access to firearms.
If the judge grants temporary orders, the restrained person must be legally notified (served) before the orders can be enforced. Someone other than you, who is at least 18 years old, must personally deliver:
Service options include:
After service, the server must complete a Proof of Service form (DV-200 or CH-200) and return it to you for filing with the court.
Your hearing will typically be scheduled within 21-25 days after you file. To prepare:
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After filing, you will receive a court date. Bring all evidence and witnesses if applicable.
On the hearing date:
Under California’s 2025 legal updates, the judge will now have access to comprehensive background check information about the restrained person, including criminal history, firearm possession, and prior restraining orders.
If the judge grants a permanent restraining order:
Permanent restraining orders typically last for 3-5 years and can be renewed. The restrained person must be officially served with the paperwork, typically by a sheriff or process server.
Once a judge issues a restraining order, it’s critical to understand your next steps and how to handle any violations.
The strength of your restraining order request depends largely on the evidence you present. California courts look for:
Attorney Note: In Riverside County courts, we’ve found that specific, detailed evidence is much more compelling than general statements about feeling afraid. Judges are looking for concrete examples of behavior that meets the legal standards for issuing a restraining order.
A comprehensive restraining order in California can include crucial financial and property protections that many applicants overlook. The court may order the restrained person to:
These financial protections help prevent economic abuse, where an abuser uses financial control as a means of maintaining power. They ensure you maintain financial stability during this challenging time. To obtain these protections, you’ll need to specifically request them on your restraining order application and provide documentation of shared financial responsibilities where applicable.
If you’ve fled your home due to domestic violence, California offers robust privacy protection mechanisms to keep your new location confidential. The Safe at Home program, administered by the California Secretary of State, provides a substitute address for survivors to use on public records, government documents, and for receiving mail.
When filing for a restraining order, you can:
Additionally, you can file Form DV-260/CH-260 “Confidential Information” to protect personal details. The court will ensure this information remains confidential and unavailable to the restrained person. Many survivors don’t realize these protections exist, but they’re essential safeguards against continued harassment or stalking.
When obtaining a restraining order in California, you can request financial support for yourself and your children as part of the protection. This is particularly important if the restrained person has been the primary income provider.
The court may order:
To request financial support, you’ll need to complete additional forms, including the Income and Expense Declaration (Form FL-150). The judge will review your financial circumstances and may make temporary support orders at the restraining order hearing.
These support orders can remain in effect for the duration of the restraining order, providing critical financial stability during your transition to safety. If you have a separate family law case (like a divorce), these support orders can be transferred to that case later.
Filing for a restraining order in California involves certain court fees, though these vary depending on the type of order and your circumstances. Here’s what you need to know about costs:
For Domestic Violence Restraining Orders:
For Civil Harassment Restraining Orders:
For Elder/Dependent Adult Abuse Restraining Orders:
If you cannot afford to pay any required fees, you can request a fee waiver by completing and filing Form FW-001 (Request to Waive Court Fees). The court will evaluate your financial situation and may grant a complete or partial waiver based on your income and essential expenses.
Don’t let concerns about costs prevent you from seeking protection. California courts prioritize safety and have mechanisms to ensure access to legal protection regardless of financial circumstances.
Filing your restraining order in the correct California county is crucial for prompt processing and enforcement. You generally have several options for where to file:
If you’ve relocated for safety reasons, you can file in your new county even if the abuse occurred elsewhere. This is particularly important if you’re trying to maintain address confidentiality.
For restraining orders involving children, jurisdiction may be affected by existing custody cases. If you already have a family law case open (like divorce or custody proceedings), you should typically file the restraining order in that same court to ensure consistent rulings.
Each county has specific courts that handle restraining orders:
Before filing, contact the court clerk in your preferred county to confirm you’re filing in the correct location and to learn about any local procedures or requirements. Filing in the right jurisdiction helps ensure your order will be properly entered into California’s protective order database and enforced by local authorities.
If you’re dealing with a situation where you and the restrained person live in different states, California law still offers protection. Under the federal Violence Against Women Act and California’s interstate enforcement provisions:
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If you’ve relocated to California with an existing out-of-state order, you can:
If the restrained person lives in another state but you live in California, you can still file for a California restraining order if:
Interstate enforcement ensures your protection doesn’t end at state lines. Law enforcement officers are trained to recognize and enforce valid orders from any jurisdiction, providing continuous protection regardless of where you or the restrained person travel.
California law contains special provisions regarding minors and restraining orders that address both protection of minors and filing by minors.
Can a minor be protected by a restraining order? Yes, children can be named as protected persons on any type of restraining order. When a parent or guardian obtains a restraining order, they can request that their children be included as protected parties. The court may also:
Can a minor file for a restraining order?
For cases involving teenage dating violence, California has specific provisions allowing for protection even when the relationship doesn’t meet traditional domestic violence definitions. These age-specific protections recognize the unique vulnerabilities of young people and ensure they have access to legal remedies for abuse.
When navigating the restraining order process in California, numerous support services are available to help you stay safe and rebuild your life:
Legal Assistance:
Safety Planning and Support:
Financial and Housing Support:
Counseling and Emotional Support:
To access these services, contact the National Domestic Violence Hotline (1-800-799-7233) for referrals to local programs. Many courts also have victim services offices that can connect you with appropriate resources. Remember that you don’t have to navigate this challenging process alone—comprehensive support is available throughout California.
Don’t: Choose a restraining order type based solely on which forms look easier to complete Do: Select the appropriate type based on your relationship with the person you need protection from
Don’t: Make general statements like “He’s always threatening me” or “She constantly harasses me” Do: Give specific details including dates, exact words used, and precise descriptions of behaviors
Don’t: Initiate contact with the restrained person, even if they contact you first Do: Document any contact attempts they make and report violations to law enforcement
Don’t: Assume you can reschedule court dates easily or that deadlines aren’t important Do: Calendar all deadlines, arrive early for court, and request continuances in advance if absolutely necessary
Don’t: Attempt to serve the papers yourself or have someone under 18 do it Do: Use proper legal service through law enforcement, a professional process server, or an eligible adult
Don’t: Bring children to restraining order hearings unless specifically ordered by the court Do: Arrange childcare in advance so you can focus on presenting your case effectively
A California restraining order provides legal protections enforced by law enforcement and the courts. It can order the restrained person to:
The restraining order is entered into California’s law enforcement database (CLETS), making it visible to police statewide.
Violating a restraining order is a criminal offense that can result in arrest, fines up to $1,000, and jail time up to one year.
While a restraining order creates legal consequences for violations, it’s important to maintain safety awareness as it cannot physically prevent someone from approaching you.
In California, the timeframe for obtaining a restraining order has two phases: emergency protection and permanent orders. For emergency protection, you can receive a Temporary Restraining Order (TRO) the same day you file your petition in most counties, including Riverside.
The judge reviews your paperwork and typically makes a decision within hours. If granted, this temporary order remains in effect until your court hearing. For the permanent restraining order, your hearing will be scheduled within 21-25 days after filing.
Due to 2025 legal updates prohibiting clerks from rejecting properly completed ex parte applications, the process has become more streamlined. From initial filing to permanent order, the complete process takes approximately 3-4 weeks.
In true emergencies with immediate danger, Emergency Protective Orders (EPOs) can be requested by police officers and granted by judges over the phone, providing immediate protection for up to 7 days.
Violating a restraining order in California is a criminal offense that can be charged as either a misdemeanor or a felony, depending on circumstances and prior history.
When a violation occurs:
Each separate contact or incident can be charged as a distinct violation. Following the 2025 updates to California law, courts now have enhanced information about the restrained person’s criminal history and prior violations, which can lead to more serious consequences for repeat offenders. Always document and report all violations, even seemingly minor ones.
Yes, you can obtain a restraining order in California without physical violence having occurred. For domestic violence restraining orders, California Family Code § 6203 defines “abuse” broadly to include:
For civil harassment restraining orders, the law covers:
When applying for a restraining order without physical violence, document patterns of behavior, preserve threatening communications, and describe specific incidents that caused fear or emotional distress. The 2025 legal updates make it easier to have your petition properly considered by a judge even in cases without physical injury.
While you’re not legally required to have an attorney to obtain a restraining order in California, having legal representation can significantly improve your chances of success, especially in contested cases.
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You can represent yourself by using the Judicial Council forms and assistance from court self-help centers. However, an attorney can provide valuable services by:
The decision to hire an attorney often depends on case complexity, contested hearings, when children are involved, or when significant financial issues exist.
In Riverside County, free legal assistance may be available through organizations like Inland Counties Legal Services for qualified low-income individuals.
Court filing fees are always waived for domestic violence restraining orders, regardless of income.
Yes, a restraining order can significantly impact child custody and visitation arrangements in California. When a domestic violence restraining order is issued between parents, it triggers a legal presumption against awarding custody to the restrained parent under California Family Code § 3044.
This presumption can be overcome, but the restrained parent must prove that custody or unsupervised visitation would be in the child’s best interest.
The court will likely order:
The 2025 legal updates require courts to conduct comprehensive background checks and consider factors like illegal firearm access when making custody decisions in restraining order cases.
If children are included as protected parties on the restraining order, this further restricts the restrained parent’s contact. Custody orders within restraining orders are temporary and can be modified through family court proceedings.
Once your restraining order is granted, understanding how to enforce it is crucial:
Attorney Note: In Riverside County, law enforcement agencies have specialized domestic violence units trained in restraining order enforcement. Don’t hesitate to request to speak with these specialized officers if you experience violations.
When children are involved in restraining order situations, additional considerations are necessary:
Obtaining a restraining order is an important step toward safety and peace of mind. While the process can seem daunting, California’s 2025 legal updates have made the system more accessible and responsive to those in need of protection.
Remember that a restraining order is both a legal tool and part of a broader safety plan. The legal protections it provides are powerful, but should be combined with practical safety measures and support systems.
At Family Law Matters, our experienced Riverside family law attorneys provide compassionate guidance through the restraining order process. We understand the courage it takes to seek protection, and we’re committed to helping you navigate each step with confidence and clarity.
To discuss your situation and explore your options for legal protection, contact us at 951-972-8287 for a confidential consultation.
This article provides general information about California restraining orders. It is not intended as legal advice for any individual situation. Restraining order laws vary by county and can change over time. The information presented here is based on California law as of 2025 but may not reflect recent changes or apply to your specific circumstances.
Consult with a qualified family law attorney to discuss your individual situation. No attorney-client relationship is established by reading this article.
For legal assistance with restraining order matters in Riverside County, contact Family Law Matters at 951-972-8287
For additional information and support regarding restraining orders and domestic violence, these government resources may be helpful:
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