Know Your Rights

How to Get a Restraining Order in California

A Domestic Violence Restraining Order (DVRO) is a court order that legally requires an abuser to stay away from you. California courts issue them quickly — often on the same day you file. There is no filing fee, and you do not need a lawyer to apply.

1. 1
   Complete Form DV-100

   Form DV-100 (Request for Domestic Violence Restraining Order) asks about your relationship with the abuser and what happened. You can fill it out at the court's self-help center or use RightsReach's guided intake tool to prepare your answers in advance.
2. 2
   File at the court clerk's window

   Go to your county Superior Court and hand the completed form to the clerk. Tell them you are filing for a domestic violence restraining order. There is no filing fee for DVROs under California law (Family Code § 6226). Bring two copies of every form.
3. 3
   A judge reviews your request the same day

   The clerk takes your forms to a judge. If the judge finds you are in immediate danger, they will issue a Temporary Restraining Order (TRO) that day — without notifying the abuser first. The TRO takes effect immediately and lasts until your hearing date.
4. 4
   The abuser is served notice

   A law enforcement officer (not you) serves the TRO and hearing notice on the abuser. This is called "service of process." The abuser cannot be bound by the order until they have been properly served. The court arranges this — you don't have to do it yourself.
5. 5
   Attend the hearing (within 21 days)

   Both parties can appear and speak. You can bring evidence: photos, texts, emails, medical records, police reports, witness statements. Having a lawyer helps but is not required. You can also bring a support person who stays quiet.
6. 6
   Permanent order is issued (up to 5 years, renewable)

   If the judge rules in your favor, a permanent DVRO is issued — enforceable across all of California and entered into law enforcement databases nationwide. It can include move-out orders, child custody provisions, and financial support. Renewals are free.

Your Rights Under Marsy's Law

Marsy's Law (California Proposition 9, 2008) added victim rights directly into the California Constitution. These rights apply automatically — you don't need to hire a lawyer or fill out paperwork to have them. They apply whenever the person who harmed you is in the criminal justice system.

• 📋
  Right to be notified. You must be notified of all court hearings, plea bargains, sentencing, parole hearings, and if the defendant is released from custody. Register with the county DA's Victim Services unit to ensure you receive these notices.
• 🎤
  Right to be heard (victim impact statement). At sentencing and parole hearings, you have the constitutional right to address the judge or parole board directly. Your statement can cover how the crime affected your life, relationships, finances, and safety.
• 🏛️
  Right to be present at all hearings. You cannot be excluded from court proceedings the way ordinary witnesses sometimes are. You have the right to attend and sit in the courtroom for any hearing involving your case.
• 🛡️
  Right to refuse interviews with the defense. In many circumstances, you have the right to decline to be interviewed or deposed by the defendant's lawyer. You do not have to speak with the other side's attorney without your own counsel present.
• 💰
  Right to restitution. If the defendant is convicted, the court must order them to pay restitution for your losses — medical bills, lost wages, property damage, relocation costs, counseling. Restitution is mandatory, not discretionary.
• ⚡
  Right to a speedy trial. Cases involving victims of violent crimes must be resolved promptly. Excessive delays that prejudice the victim's rights can be challenged through the victim's attorney or the DA's Victim Services office.
• 🔒
  Right to privacy of records. Your personal information (address, workplace, medical records, immigration status) has additional protections in DV cases and cannot be disclosed to the defendant without court approval.

What Is a Contingency-Based Lawyer?

Most domestic violence survivors assume they can't afford a lawyer. With a contingency-fee arrangement, you pay nothing upfront. The lawyer only gets paid if you win, taking a percentage of any settlement or judgment. If you lose, you owe them nothing.

• →
  You pay $0 to start

  No retainer, no hourly fees, no upfront costs. The attorney absorbs all the risk. This makes experienced legal representation accessible regardless of your financial situation.
• →
  The attorney takes a percentage if you win

  Typical contingency fees in California civil cases range from 25% to 40% of the recovery. The percentage is disclosed in your retainer agreement before signing. Common splits: 33% pre-litigation, 40% if the case goes to trial.
• →
  Cases where contingency lawyers help DV survivors

  Civil lawsuits against an abuser for physical and emotional harm; Marsy's Law civil rights violations by law enforcement; housing discrimination after leaving an abuser; workplace discrimination or retaliation for taking California Domestic Violence leave (Cal. Labor Code § 230.1); and claims against third parties (landlords, employers, institutions) who failed to protect you.
• →
  Criminal cases vs. civil cases

  In criminal cases, you don't hire a lawyer — the District Attorney prosecutes on the state's behalf. If you can't afford a lawyer for a separate civil case, you may also qualify for free representation through California Legal Aid organizations. Contingency applies to civil claims only.

Emergency Contacts & Hotlines

If you are in immediate danger, call 911. These confidential resources are available around the clock — calls and texts are free, and counselors understand domestic violence situations. Your call history is not stored after the session if you ask them to delete it.

California County Self-Help Courts

Every California Superior Court has a free self-help center for unrepresented litigants. Staff can help you understand forms, find the right courtroom, and connect you with local legal aid. Find your county below — or use the self-help intake to get county-specific filing instructions.