How to Get a Restraining Order
in California

Types of Restraining Orders in California

California law provides four distinct types of restraining orders, each designed for different relationships and circumstances. Understanding which type applies to your situation is the first step toward getting protection.

1. Domestic Violence Restraining Order (DVRO)

The DVRO is the most common restraining order in family law and the primary focus of this guide. It is governed by FC §6300 et seq. and is available when the person you need protection from is a spouse, former spouse, cohabitant, dating partner, co-parent, or close relative. DVROs carry the broadest protections—including temporary custody, support orders, and mandatory firearms surrender. There is no filing fee for a DVRO. FC §6222

2. Civil Harassment Restraining Order

Filed under CCP §527.6, a civil harassment restraining order protects you from someone you do not have a close personal or family relationship with—a neighbor, coworker, acquaintance, or stranger. It requires a showing of harassment, which includes violence, threats of violence, or a course of conduct that seriously alarms, annoys, or harasses the petitioner with no legitimate purpose.

3. Elder or Dependent Adult Abuse Restraining Order

Under WIC §15657.03, this order protects adults age 65 and older, or dependent adults ages 18–64 with certain physical or mental limitations, from abuse, neglect, or financial exploitation. The petitioner can be the victim or someone acting on their behalf.

4. Workplace Violence Restraining Order

Filed under CCP §527.8, this order is unique because the employer files it on behalf of an employee who has suffered or been threatened with violence. Individual employees cannot file this type—they would use a DVRO or civil harassment order instead.

Who Can Get a DVRO — and What Counts as “Abuse”?

Two requirements must be met for a DVRO: you must have a qualifying relationship with the abuser, and the conduct must meet California’s legal definition of abuse.

Qualifying Relationships

Under FC §6211, you can seek a DVRO if the person you need protection from is your:

• Spouse or former spouse
• Cohabitant or former cohabitant (someone you live or lived with as more than roommates)
• Person you are dating or formerly dated
• Parent of your child (regardless of whether you were ever in a relationship)
• Person closely related by blood or marriage (parent, child, sibling, grandparent, in-law)

If you do not have one of these relationships, you would file a civil harassment restraining order under CCP §527.6 instead.

What Counts as “Abuse”

California’s definition of abuse is much broader than physical violence. Under FC §6203, abuse includes:

• Physical harm or attempted physical harm — hitting, pushing, choking, kicking, or any intentional bodily contact
• Sexual assault
• Threats of serious bodily harm — to you or someone else
• Harassment — repeated contact, phone calls, or messages intended to harass, annoy, or alarm
• Stalking — following, surveilling, or monitoring your movements
• Destroying personal property
• Disturbing the peace — conduct that destroys your mental or emotional calm. California courts have interpreted this broadly to include accessing private communications without consent, such as reading emails, text messages, or social media accounts

You do not need visible injuries, a police report, or a prior arrest to qualify for a DVRO. Your own testimony describing what happened, if credible, can be sufficient. However, supporting evidence—photographs, text messages, police reports, medical records, witness statements—strengthens your case significantly.

Step-by-Step: How to File for a DVRO

The DVRO process in California is designed to move quickly because the court recognizes that people in danger need protection fast. Here is exactly what to do:

Step 1: Fill Out the Required Forms

You will need to complete the following Judicial Council forms, available for free at any courthouse self-help center or online:

• DV-100 (Request for Domestic Violence Restraining Order) — The main request form. You describe the abuse, identify the person you need protection from, and check boxes for the specific orders you are requesting.
• DV-109 (Notice of Court Hearing) — This form tells the other party when and where the court hearing will take place. The clerk fills in the hearing date after you file.
• DV-110 (Temporary Restraining Order) — The judge uses this form to grant or deny your request for immediate temporary protection. You fill in your information; the judge completes the order section.
• CLETS-001 (Confidential CLETS Information) — This confidential form contains identifying information about the restrained person (date of birth, physical description, vehicle information) so the order can be entered into the California Law Enforcement Telecommunications System. This form is not given to the other party.

Step 2: File at the Courthouse

Bring your completed forms to the clerk’s office at your local courthouse. In Riverside County, you can file at the Temecula courthouse or any other Riverside County Superior Court location. There is no filing fee for a DVRO—this protection is available regardless of your financial situation. FC §6222

Step 3: Judge Reviews for Temporary Restraining Order (TRO)

After you file, a judge reviews your paperwork—typically the same day or the next business day. The judge reads your DV-100 and declaration and decides whether to grant a Temporary Restraining Order. This is an ex parte decision—the judge decides based solely on your papers, without the other party present. If granted, the TRO takes effect immediately and protects you until the full court hearing.

Step 4: Serve the Restrained Person

The other party must be personally served with copies of your DV-100, the TRO (DV-110), and the hearing notice (DV-109). You cannot serve the papers yourself—someone else over age 18 must do it. This can be a friend, family member, professional process server, or law enforcement. After service is complete, the server fills out a DV-250 (Proof of Service) that must be filed with the court before the hearing.

Step 5: Attend the Hearing (Within 21–25 Days)

The court will schedule a hearing within 21 to 25 days of when the TRO is granted. Both you and the restrained person can appear, testify, and present evidence. This is your opportunity to ask for a longer-term restraining order.

Step 6: Court Decides on Permanent DVRO

If the judge finds sufficient evidence of abuse, the court issues a Restraining Order After Hearing on form DV-130. This order can last up to five years and is renewable before it expires. FC §6345

What a Restraining Order Can Do

A DVRO is one of the most powerful orders a family court can issue. Under FC §6320, the court can include any or all of the following protections:

• Stay-away orders — The restrained person must stay a specified distance (commonly 100 yards) from you, your home, your workplace, your children’s school, and your vehicle.
• Move-out orders — If you share a home, the court can order the abuser to move out, even if their name is on the lease or title.
• No-contact orders — No phone calls, texts, emails, messages through third parties, or any direct or indirect contact.
• Temporary custody and visitation orders — The court can grant you temporary sole custody and restrict or supervise the abuser’s visitation with your children. This is directly connected to child custody proceedings.
• Temporary child and spousal support — The court can order the restrained person to pay temporary support to you and your children.
• Personal property control — You can be given exclusive use of a shared vehicle, the right to retrieve personal belongings with a law enforcement escort, or control of specific property.
• Firearms surrender — The restrained person must surrender all firearms and ammunition within 24 hours of being served. This is mandatory, not discretionary. FC §6389
• Pet protection orders — The court can grant you sole possession of pets and order the restrained person to stay away from them. FC §6320(b)
• Other specific protections — No recording your conversations, no destroying your documents, no cashing out community property, no changing insurance beneficiaries, and other tailored protections based on your circumstances.

The DVRO Hearing: What to Expect

The hearing is the most critical step. It determines whether your temporary restraining order becomes a permanent DVRO lasting up to five years. Here is how it works:

What to Bring

Come prepared with organized evidence. The more documentation you have, the stronger your case:

• Photographs — of injuries, property damage, or threatening messages on the abuser’s phone or social media
• Text messages and emails — printed out with dates visible, showing threats, harassment, or admissions of abuse
• Medical records — emergency room visits, doctor’s notes documenting injuries, therapy records
• Police reports — even if no arrest was made, the report documents the incident
• Witness statements or declarations — from neighbors, friends, family, teachers, or anyone who observed the abuse or its effects
• Audio or video recordings — if you have them (California is a two-party consent state for recordings, but evidence rules at DVRO hearings are more flexible)
• Your own written declaration — a detailed account of all abuse incidents, organized chronologically

How the Hearing Works

You will testify under oath about the abuse you experienced. The judge may ask questions. The restrained person (who may have filed a DV-120 Response form) also has the right to testify and present evidence. Both sides can bring witnesses. The judge decides based on a preponderance of the evidence—meaning whether it is more likely than not that abuse occurred. FC §6340

If the judge finds sufficient evidence, the court issues a permanent DVRO on form DV-130, which can remain in effect for up to five years. FC §6345 If the evidence is insufficient, the TRO dissolves and no permanent order is issued.

If the Restrained Person Does Not Show Up

If the restrained person was properly served but does not appear at the hearing, the judge can still issue the permanent DVRO based on your testimony and evidence alone. Failing to appear does not stop the process—it simply means the restrained person forfeits the opportunity to present their side.

What Happens If a Restraining Order Is Violated

A restraining order is only effective if it is enforced. California takes DVRO violations seriously—violating a restraining order is a criminal offense.

Criminal Penalties

Under PC §273.6, a first violation of a DVRO is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both. If the violation involves physical injury, the penalties increase to a mandatory minimum of 30 days in jail. Subsequent violations or violations involving violence can be charged as a felony with state prison time.

Mandatory Arrest Policy

California law enforcement has a mandatory arrest policy for domestic violence restraining order violations. If an officer has probable cause to believe the restrained person violated the order—by showing up at your home, contacting you, or coming within the stay-away distance—the officer must make an arrest. There is no discretion to issue a warning and leave.

How to Report a Violation

• Call 911 immediately if you feel unsafe or the restrained person is present
• Save all evidence — screenshot text messages, save voicemails, note the time and location of any contact
• File a police report — even if the violation was not in person (a prohibited text message is still a violation)
• Notify your attorney — violations can be used as evidence in custody proceedings and to seek contempt of court sanctions

Defending Against a Restraining Order

If you have been served with DVRO papers, the stakes are serious. A restraining order is not just a court order to stay away—it carries lasting consequences that affect nearly every area of your life. Here is what you need to know.

Your Rights

You have the right to attend the hearing, present evidence, testify, call witnesses, and cross-examine the petitioner. You can file a DV-120 (Response to Request for DVRO) before the hearing to tell the judge your side of the story in writing. Filing the DV-120 is not required, but it is strongly recommended—it gives the judge your perspective before you walk into the courtroom.

Show Up to the Hearing

This is critical. If you do not appear, the judge will almost certainly issue the permanent DVRO based solely on the petitioner’s evidence. You lose the opportunity to challenge the claims, present your own evidence, or offer any alternative explanation. Not showing up is effectively a default.

Consequences of a DVRO on Your Record

A DVRO has far-reaching consequences beyond the stay-away and no-contact provisions:

• Firearms prohibition — You must surrender all firearms and ammunition within 24 hours and cannot possess any for the duration of the order. Under federal law (18 U.S.C. §922(g)(8)), this prohibition is backed by criminal penalties. FC §6389
• Custody presumption — If you are the subject of a DVRO, California creates a rebuttable presumption against granting you custody of your children. FC §3044 This is one of the most significant consequences in family law.
• Background checks — DVROs appear on CLETS (California Law Enforcement Telecommunications System) and may appear on background checks for employment, housing, and professional licensing.
• Immigration consequences — A DVRO can have serious immigration implications, potentially affecting visa applications, green card renewals, and naturalization proceedings. If you are not a U.S. citizen, consult an immigration attorney immediately.

Working with an Attorney: Why Representation Matters

While California law allows you to file for a DVRO without an attorney, the process involves legal standards, evidence rules, and courtroom procedures that can be difficult to navigate alone—especially during a crisis.

If You Are Filing for a DVRO

An experienced attorney can:

• Draft a strong declaration that mirrors the legal standard under FC §6300 and presents your facts persuasively
• Ensure all forms are complete and correctly filed — errors on form DV-100 or missing the CLETS-001 can delay your protection
• Prepare you for the hearing — including what questions to expect and how to present evidence effectively
• Connect your DVRO to custody and divorce proceedings — a DVRO directly affects custody, divorce, and support, and an attorney ensures these issues are handled together
• Request the full scope of protections available — many people filing on their own do not realize they can request custody, support, property, and pet orders within the same DVRO

If You Are Defending Against a DVRO

The consequences of a permanent DVRO are severe—loss of custody under the FC §3044 presumption, mandatory firearms surrender, and a record that follows you on background checks. An attorney can review the petitioner’s claims, identify inconsistencies, gather counter-evidence, file a strong DV-120 response, and represent you effectively at the hearing.

How Family Law Matters Helps

At Family Law Matters, we handle DVROs for both petitioners and respondents throughout Riverside County—including Temecula, Murrieta, Menifee, Wildomar, Canyon Lake, and Corona. We understand how restraining orders intersect with custody, divorce, and support proceedings, and we approach every case with the urgency it requires. Whether you need protection or need to defend against an order, we can typically begin working on your case the same day you call.