Can I file for a restraining order for my child in California?
Recently updated on March 11th, 2025 at 08:23 pm
Yes, in California, you can file for a restraining order on behalf of your child if they are under 18 years old and are being threatened, harassed, or abused. The court generally considers the parent or guardian to be the appropriate person to request a restraining order for a minor.
The types are:
Domestic Violence is for harassment, excessive texting, stalking, verbally abusing, controlling behavior, blackmailing or causing fear when the abuser is your current or former husband/wife, or a romantic partner, or a coparent, or a family member (not roommate).
Civil harassment is for situations when the abuser is your roommate, neighbor, coworker, total stranger or anyone who is not a romantic partner or close family member.
Disabled Adult or Elder Abuse: is for situations when a senior citizen or disabled adult is being abused by a caretaker, neighbor or child .
Overview of Restraining Orders
Restraining Orders in California are court orders issued in situations such as abuse, stalking or harassment in range of ways from a current or former lover or relative, a neighbor, a co-worker or even a caregiver which require the abuser to stay a certain distance away from, and refrain from contacting the victim. Failure to comply with the restraining order can result in criminal charges and therefore these serve as effectively a final warning. In practice, these are relatively simple to get from your local court, highly effective for the victim, and additionally provide coverage against abusive and harassment acts which are emotionally painful but not technically a crime.
Domestic Violence Restraining Orders are free but Civil Harassment may have filing fee of about $435 depending the severity of the abuse.
Situation Examples
Example 1: How a parent can use legal means to protect their child from escalating bullying and harassment, including online abuse
Sarah lives in Los Angeles, California with her 13-year-old daughter, Emily. Emily has recently been targeted by a much older boy, Kevin, a 17-year-old from her school, who has been sending Emily inappropriate messages through social media. These messages include threats and explicit content, which has caused Emily immense emotional distress. Kevin has also been showing up at places Emily frequents, such as her school and neighborhood park, and trying to force interactions with her despite her rejections.
Emily confided in her mother, Sarah, who immediately tried to resolve the situation by speaking to Kevin’s parents and the school administrators, but the harassment didn’t stop. Concerned for Emily’s safety and mental well-being, Sarah decides to file for a Civil Harassment Restraining Order against Kevin to protect Emily from further harm. Sarah fills out the necessary paperwork, explains the situation in detail to the court, and requests both a Temporary Restraining Order (TRO) and a permanent one, preventing Kevin from contacting Emily or coming near her home, school, or any other places she frequents.
The judge grants the temporary order, and Sarah and Emily attend the hearing to request a permanent restraining order. At the hearing, they present evidence of the messages and explain the emotional impact on Emily. The judge issues a permanent restraining order, which forbids Kevin from contacting Emily in any way, including online.
Example 2: Parent seeking a restraining order for their child:
Jessica, a single mother in California, has a 15-year-old son, Ethan, who has recently been bullied by a former friend, Alex, both in person and online. After an argument at school, Alex started spreading harmful rumors about Ethan and shared embarrassing photos of him on social media. The harassment escalated to the point where Alex would follow Ethan home from school, yell threats at him, and post daily insults on multiple platforms, tagging Ethan in every post.
The situation became unbearable when Alex showed up outside their house late at night, throwing rocks at Ethan’s window and shouting threats. Ethan is now afraid to leave the house, and his grades and mental health have suffered.
Jessica, deeply concerned for Ethan’s safety, decides to take legal action by filing for a Civil Harassment Restraining Order on Ethan’s behalf. She gathers evidence of the social media harassment, screenshots of Alex’s messages, and testimony from Ethan’s teachers and friends who witnessed Alex’s behavior.
Jessica files the necessary paperwork with the court, requesting both a Temporary Restraining Order and a permanent one. The court grants the temporary order, which immediately prevents Alex from coming near Ethan, their home, or communicating with him in any form. At the final hearing, the judge reviews the evidence, and Jessica successfully obtains a permanent restraining order, giving Ethan the protection and peace of mind he needs to recover from the trauma.
Example 3: School-related bullying threatens a child’s well-being.
Lily, a mother of a 14-year-old daughter named Mia, notices her daughter becoming withdrawn and anxious. After several conversations, Mia reveals that she has been the target of intense bullying from a group of older teens, led by a girl named Rachel, at school. The bullying started as teasing but has since escalated into a series of intimidating confrontations. Rachel has made threatening remarks, sent Mia menacing texts, and encouraged other students to isolate Mia. The harassment worsens when Rachel and her friends begin showing up outside Mia’s after-school activities, shouting insults and threatening to harm her.
Fearing for Mia’s safety, Lily decides to file for a School Violence Restraining Order against Rachel. She gathers all the text messages, screenshots from social media where Rachel has posted threatening comments, and statements from Mia’s friends who witnessed the bullying.
Lily files the necessary paperwork with the court and requests an immediate Temporary Restraining Order (TRO) to protect Mia. The court grants the TRO, which prohibits Rachel from coming within a certain distance of Mia at school, after-school programs, and their home. At the final hearing, the judge hears from both sides, and based on the evidence, grants a permanent restraining order that ensures Rachel cannot continue to contact or harass Mia in any way, helping Mia regain her sense of safety and confidence.
Is a restraining order helpful?
The purpose of a restraining order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.
The specific terms of a restraining order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.
Typically, a restraining order may prohibit the respondent from
- Approaching or contacting the petitioner including via text or social media
- Staying away from the usual places petitioner is at such as home, work or school
- Prohibit stalking, or surveillance of any kind
- In situations where they lived together, provide custody or access to
- Children
- Pets
- Important documents
- Personal items such as clothes, medications, cell phones
- Cars
- Extending the protections to others living with the petitioner
Research findings on benefits of restraining orders
Here’s the top three findings from a study on domestic violence and restraining orders from the University of New Hampshire
Reduce Violence
Civil protective orders (such as a DVRO) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.
Cost Effective
They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.
Urban Vs. Rural
The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the restraining orders hold greater importance.
Process for filing for a restraining order
Step 1: Gather Evidence or Proof
The first step is to gather the evidence to support your case. What proof do you need for a restraining order in California? The following are considered as evidence of domestic violence.
Evidence Type 1: Pending Criminal Case
Was the abuser involved in any crime or is there a police report, related to the abuse being done to you ? Judges are more likely to issue an order if there is an ongoing criminal case, therefore it’s important to mention such cases out in your paperwork for applying for restraining order.
When a judge sees that there’s a criminal case happening, they might think it means the police or the district attorney are pretty sure they can prove the crime happened.
Evidence Type 2: Photos of violence, injuries, damage
These are the most common types of evidence submitted. These can be photos of victim’s injuries inflicted by the abuser. It is helpful to add photos next to the related incident description to help create a complete picture for the judge.
Evidence Type 3: Print outs of messages, emails or transcripts of voicemail
You can take screenshots of text messages and attach them. Similarly you can print emails and attach them as pictures or PDF files. While in most cases you cannot submit digital files such as
Evidence Type 4: 911 Calls
Rather than just saying you called 911 or any specific hotline, you can make your case stronger by listing the following items
- The number dialed in case of the domestic hotline
- The date and time (or approximate date and time) when the call was made
- Who made the call
- What was reported on the call
- Any specific details of the person who answer the 911 call e.g. male/female voice
Evidence Type 5: Medical Records
.You can attach documentation of previous medical emergencies or injuries that resulted from the actions of the abuser. These could be hospital visit records, print outs from your hospital portal (E.g. mychart) showing details of your visit.
Evidence Type 6: Police reports
You can attach a copy of the police reports filed against abuser for domestic violence.
Evidence Type 7: Testimony
- A testimony from a witness. The witness can be anyone such as a family member, neighbor a co-worker or a bystander. The testimony is just an essay written describing the incidents witnessed, with as many specifics as possible.
Step 2: Get a copy of court forms
You can fill these online for free by visiting here
In order to apply for a restraining order, you need to fill and submit a specific set of official California court forms. These have questions aimed at understanding your situation and the people involved.
Domestic Violence Restraining Order Forms needed for filing for a Restraining Order
Civil Harassment Restraining Order Forms needed for filing for a Restraining Order
The complete set of documents is at the California Courts website. While these forms are used in most courts, certain courts use modified versions of these forms, and its important to uses those versions.
Tip: You can check your local court’s website to see the exact versions and set of court forms needed. You need to prepare these forms. Courts also offers a free self help center where you can take forms. Alternatively you can use a free website such as LegalAtoms to prepare the restraining orders paperwork online.
Nothing happens until you file the forms. So its a good idea to step through the forms even if you think you don’t plan to file for a protection order right now, to get
You can then file them online when you’ve thought through all aspects. There are special protections for victims, and you’re protected even if your immigration status is undocumented in United States.
Step 3: File the Court Forms
The process of submitting your case documents with a court is called filing. It involves delivering your case documents to the court where the clerk reviews that the documents are correct and complete, and enters them into the court’s database, at which point the case is officially filed.
Venue
The proper venue for a restraining order case is the county where the abuse took place or where the restrained party lives. However, venue is a defensive motion and should be considered by the court only if the restrained party objects by filing a noticed motion for change of venue at or before the time of responding to the request.25 Improper venue is not a proper basis for the court to deny relief on its own motion (sua sponte).
Identify the court at your county
In California, one typically file at the Superior Court at county of your residence or where the abuse occurred. For example, if you live in San Francisco city, then the Superior Court of California, County of San Francisco. There can be many special cases and fine print but that is the most common case. Please consult a lawyer if your situation is uncommon e.g. the abuser is overseas or you are overseas and the abuser is in California.
Correct sub-location
Within the Superior Court of a county, there may be one location such as Superior Court of San Francisco OR multiple locations such as the one in San Bernardino, and each court has it’s own system so that you must file at the correct location.
For example here are some of the locations of the Superior Courts in California at San Bernardino County which are
- Barstow District: 235 East Mountain View Street Barstow, CA 92311
- Fontana District: Fontana District: 17780 Arrow Boulevard Fontana, CA 92335
- Joshua Tree District: 6527 White Feather Road Joshua Tree, CA 92252
- Needles District: 1111 Bailey Ave Needles, CA 92363
- Rancho Cucamonga District: 8303 Haven Avenue Rancho Cucamonga, CA 91730
- Victorville District: 14455 Civic Drive Victorville, CA 92392
- San Bernardino District: 351 North Arrowhead Avenue San Bernardino CA 92415
Identify the methods of Filing
Method # 1: In Person by visiting the court house
Your court location would accept the forms to be submitted in person at the court hours.
Tip: All courts have lunch hours when they are closed for an hour
When you submit your case documents at the court, typically you take 3 copies.
The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.
The stamp may look something like this:
Method # 1: E-file online
This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files.
Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit.
You will be required to some online service fees.
Method # 3: Via another person
Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.
Step 4: Get a Temporary Order
Depending on the facts and evidence presented, a Judge can issue a restraining order with immediate effect until the hearing called a Temporary Restraining Order. In relatively less risky situations, a temporary order is issued in a few days.
If there are no grounds or if the application is incomplete or the jurisdiction is incorrect the application may be rejected.
The temporary order is only valid for about 2-3 weeks which is the amount of time until the hearing. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.
Step 5: Serve the abuser
If you were successful in getting a temporary order only then this step is necessary, otherwise you will have to wait until you get one.
In the California legal system system, whenever one party initiates a restraining order it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent, and is often seen in movies and TV shows as “You’ve been served”.
Under the California law there are multiple ways in which the other party can be served.
You cannot serve your papers yourself.
Option 1: Ask the Sheriff (FREE)
A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in California, prison staff, not the sheriff, will serve your papers. Follow the instructions by the California Department of Corrections and Rehabilitation for serving someone in prison
Option 2: Ask a friend, relative or any adult (FREE)
You ask someone you know to be your server
- 18 or over, and
- not part of your case
Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers.
Option 3: Hire a courier for legal papers (Process Server)
You can also hire a courier called professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example . An example is ABC Legal Services.
You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.
Step 6: Present Evidence in a Court Hearing
Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full restraining order is issued. At this point it becomes a crime for the abuser to break the conditions of the restraining order.
Step 7. Collect the Final Order
After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.
Costs – How much does it cost to get a Restraining Order
There are no costs associated with a
Domestic Violence Restraining Order
- FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
- FREE filing: There is no fees for filing. Online filing platforms may charge a E-filing fees
- FREE Serving the other party
Civil Harassment Restraining Order
- FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
- DEPENDES Filing:
- FREE $0 If there is violence or stalking involved OR if you have low income and you qualify for a fee waiver
- $435: Otherwise
- FREE Serving the other party
How long does it take to get a Restraining Order from filing for a Restraining Order
You can get a temporary protection order the same day as you file.
Courts can have a cutoff of around 2 p.m. for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.
Courts are generally open Monday-Friday and closed on Saturday-Sunday.
The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.
At the hearing a formal order may be issued
Risks of a Restraining Order
It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.
The response of your abuser after the filing of a protection order is unpredictable. While a Domestic Violence Protection Order (DVPO) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.
Despite the safeguards intended by a DVPO, abusers may retaliate through various means, such as:
- Physical assault or violence
- Harming or taking away children
- Damaging jointly owned property
- Disregarding the order and persisting with threats, possibly through intermediaries
- Inflicting harm or causing harm to pets
- Harassing your loved ones for information
- Engaging in stalking behavior
- Initiating a retaliatory restraining order against you
- Spreading false information about you in court documents, online, or publicly
Following the submission of a domestic violence Protection order, it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.
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