A restraining order can be one of the most powerful legal tools available to a domestic violence survivor. It can require your abuser to leave your home, stay a set distance away from you and your children, surrender firearms, and face criminal consequences if they violate the order.

The process in California is designed to be accessible without an attorney — but understanding each step makes a critical difference in the outcome. This guide walks through every stage: from choosing the right type of order to what happens after it's issued.

Types of Restraining Orders in California

California has four main types of civil restraining orders. Choosing the right one determines which court you file in and what protections you can get.

Domestic Violence Restraining Order (DVRO)

A DVRO is the most comprehensive protection for survivors of intimate partner violence, family abuse, or household member abuse. It can:

DVROs are filed in Family Court (or Unified Family Court where available). There is no filing fee for a DVRO in California.

Emergency Protective Order (EPO)

An EPO is issued by law enforcement at the scene of a domestic violence incident — it's a short-term order that goes into effect immediately and lasts up to 7 days. Police officers can request an EPO from a judge by phone at any hour. If police responded to a call involving you, ask the responding officer to request an EPO before they leave.

Civil Harassment Restraining Order (CHRO)

A CHRO covers harassment by someone who is not a domestic partner or household member — a neighbor, coworker, acquaintance, or distant relative. The standard is different (credible threat of violence, stalking, or harassment), and it's filed in Civil Court.

Criminal Protective Order

When a criminal case is filed (domestic violence charges, stalking), the District Attorney or judge can issue a criminal protective order as a condition of the defendant's release or bail. This is separate from a civil DVRO — you can and should pursue both tracks in parallel. Learn more about your rights in criminal proceedings in our guide to Marsy's Law in California.

Who Can File a DVRO

You can file for a Domestic Violence Restraining Order if the person you need protection from is:

There is no minimum relationship length and no requirement that you were physically injured. Emotional abuse, financial abuse, stalking, and threats all qualify as abuse under California's Domestic Violence Prevention Act (Family Code § 6200 et seq.). You do not need to have police reports or medical records to file — your declaration describing the abuse is the foundation of the case.

Step-by-Step: Filing for a DVRO

Step 1: Complete the Required Forms

The core form is the DV-100 (Request for Domestic Violence Restraining Order). You'll also typically need:

All forms are free at California Courts Self-Help Center or at your county courthouse's family law self-help center. RightsReach can also prepare these forms for you — our free intake tool generates completed DV-100 forms based on your answers.

In the DV-100, you'll describe: the most recent incident of abuse, any previous incidents, why you need the specific protections you're requesting (move-out, custody, firearms surrender), and the relationship. Write clearly and factually. Dates, locations, and specific descriptions of what was said and done are more persuasive than general statements.

Step 2: File at the Courthouse

Bring your completed forms to the family law clerk's office at your county courthouse. Go to the courthouse in the county where you live, where the restrained person lives, or where the abuse occurred.

The clerk will:

  1. Review your paperwork for completeness (they cannot give legal advice, but they can tell you if something is missing)
  2. Assign a case number and stamp your forms
  3. Route your request to a judge for same-day review

Most courthouses have a self-help center with facilitators who can review your forms before you file. This is free and strongly recommended. Find your county courthouse and self-help center hours on our directory page, or look up your county-specific resources.

Step 3: Judge Reviews Your Request (Same Day)

A judge reviews emergency DVRO requests the same day they're filed — often within hours. The judge can:

If a TRO is granted, you'll leave the courthouse with a signed DV-110 that is immediately enforceable. Give copies to local police (they enter it into the state CLETS database) and keep one with you at all times.

Step 4: Service of Process

The restrained person must be personally served with the TRO and notice of the hearing before the hearing date. This is called "service of process." You cannot serve them yourself — it must be done by:

The person who serves must complete a Proof of Service (DV-200) form. File this with the clerk before your hearing. If service can't be completed before the hearing, you can ask for a continuance.

What Happens at the DVRO Hearing

The hearing (also called the "return hearing") is scheduled within 21 days of the TRO being issued. At the hearing, both parties appear before a judge and present their case.

What to Bring

What to Expect

Hearings are typically 15–30 minutes before a family law judge. You will have the opportunity to:

  1. Present your account and any evidence
  2. Ask the court to admit your evidence
  3. Respond to the restrained person's testimony or evidence
  4. Request specific terms (move-out order, custody arrangement, duration of order)

Having an attorney significantly improves outcomes, especially if the restrained person has a lawyer. Many legal aid organizations provide free representation at DVRO hearings — see our guide to finding a free DV lawyer in California. If you're representing yourself, use the courthouse self-help center the morning of your hearing to review your presentation.

If the judge grants the order, you'll leave with a permanent (or 3–5 year) restraining order. If the order is denied and you disagree, you have the right to appeal.

After the Order: Enforcement, Violations, and Renewals

Enforcement

A DVRO is enforceable anywhere in California and must be honored nationwide under federal law (Violence Against Women Act). Carry a certified copy with you. Make sure your local police department has a copy on file. The order is entered into the CLETS database, which law enforcement can access 24/7.

Violations

If the restrained person violates the order — by contacting you, coming within the prohibited distance, or any other prohibited conduct — call 911 immediately. Violating a DVRO is a criminal offense under California Penal Code § 273.6, punishable by up to one year in county jail and fines. Keep records of every violation: save texts, voicemails, screenshots, and write down the date, time, and what happened for each incident.

Renewals

A permanent DVRO typically lasts 3–5 years. Before it expires, you can request a renewal by filing a DV-700 (Request to Renew Restraining Order). You do not need to show new abuse — the court considers whether you still reasonably fear abuse if the order expires. File the renewal request at least 60–90 days before expiration. Orders can be renewed indefinitely.

County-Specific Filing Information

Filing requirements and self-help resources vary by county. Find courthouse hours, addresses, self-help center availability, and local DV services for your county:

How RightsReach Can Help

RightsReach was built specifically to help California survivors through this process. Our free tools include:

You don't need an attorney to start. You don't need money. You don't need to have everything figured out. Start with the intake form and we'll guide the rest.

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If You're in Immediate Danger

Legal steps matter, but your physical safety comes first. If you're in danger right now:

For more on your legal rights as a DV survivor, see our full legal resources page.

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