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How do I get a restraining order in California?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

California has the broadest menu of civil protective orders in the country.

1. Types of Protective Orders

  • Domestic Violence Restraining Order (DVRO) — Fam. Code § 6200 et seq. (Domestic Violence Prevention Act).
  • Civil Harassment Order — Code Civ. Proc. § 527.6 for non-DV stalking/harassment.
  • Workplace Violence Order — Code Civ. Proc. § 527.8, filed by employer for employee.
  • Elder/Dependent Adult Abuse — Welf. & Inst. Code § 15657.03.
  • Gun Violence Restraining Order (GVRO) — Pen. Code § 18100 et seq. (red flag).

    • 2. Eligibility

    DVRO requires a qualifying relationship: spouse/former spouse, dating/former dating partner, cohabitant, co-parent, or close relative (Fam. Code § 6211). Civil harassment requires no relationship — anyone subjected to unlawful violence or credible threat may file.

    3. Filing

    File in Superior Court (family or civil division). Forms DV-100 (DVRO) or CH-100 (civil harassment) on the Judicial Council website. No filing fee for DVRO, elder abuse, or workplace violence; civil harassment fee ~$435 may be waived.

    4. Emergency / Ex Parte (TRO)

    Same-day review. Standard: "reasonable proof of a past act or acts of abuse" (Fam. Code § 6300). TRO lasts until the noticed hearing, typically 21-25 days out (Fam. Code § 242).

    5. Full Hearing

    Preponderance of the evidence. Both parties present. Evidence includes testimony, texts, photos, medical records, police reports, witnesses. Cross-examination allowed; self-represented litigants common.

    6. Permanent Order Duration

    Up to 5 years under Fam. Code § 6345; may be renewed permanently without further abuse upon showing of reasonable apprehension.

    7. Enforcement

    Violation is a misdemeanor under Pen. Code § 273.6 (up to 1 year jail / $1,000 fine); felony if injury results. Mandatory arrest under Pen. Code § 836(c). Federal firearm prohibition under 18 U.S.C. § 922(g)(8) plus state surrender within 24 hours (Fam. Code § 6389).

    8. Modification / Termination

    Either party may file Form DV-300 to modify; restrained party must show changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Restrained party is contesting and you fear losing at hearing
    • Order intersects with pending divorce or custody case
    • Restrained party is law enforcement or military (firearm forfeiture stakes)
    Related Statutes & Laws
    • Cal. Fam. Code § 6200 et seq.
    • Cal. Code Civ. Proc. § 527.6
    • Cal. Code Civ. Proc. § 527.8
    • Cal. Pen. Code § 273.6
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.