Recently updated on March 11th, 2025 at 08:36 pm

Overview of How to Get a Restraining Order

You can get a restraining order online by filling standard forms from this website or by visiting the Superior Court at your county. The entire process can take a month but you can get a restraining order the same business day and possibly for free.

Restraining Orders in California are court orders given in situations such as abuse, stalking or harassment by requiring the abuser to stay a certain distance away from, and refrain from contacting the victim.  Restraining Orders for couples can also cover topics such as child custody, visitation, support, and kicking out the person from a the shared residence.

Failure to comply with the restraining order can result in criminal charges and therefore these serve as effectively a final warning before being criminally prosecuted and jailed.

The specific type and criteria to successfully get a restraining order depends on the relationship between the victim and abuser.  For example:

• Domestic Violence Restraining Order (DVRO) is for abuse involving lovers or relatives
• A Civil Harassment Restraining Order (CHRO) is for neighbors, roommates, or co-workers

There are less common types of retraining orders for protecting senior citizens from abuse and for taking firearms away from a mentally unstable family member.

Restraining orders are simple to get from your local Superior 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.

Process for filing for a restraining order

Select the Suitable Type to Get a Restraining Order and Gather Evidence

There are about six common types of restraining orders and typically only one of them may apply to your situation. It’s important to select and request the correct one to maximize your chances to get a restraining order.

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). For a complete overview of what is domestic violence please review: What is the legal definition of Domestic Violence in California

Create Documents for a Domestic Violence Restraining Order

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.

Create Documents for a Civil Harassment Restraining Order

Gather Evidence

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.

Step 2:  Fill Official Application 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.

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.

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.

Step 4: Judge Issues 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 or not issued at all.

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 

The Sheriff of your county can serve the court documents to the other party. The Sheriff can serve the other party (abuser) if

• You know the abuser’s address or location
• Abuser is in jail  (not prison)

If the abuser 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

List of Sheriff’s Offices – Updated October 2024

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.

Bring evidence or witnesses
If you have evidence like pictures, text messages, or emails, print them out and make three copies. One copy is for you, one for the judge, and one for the other person. If you have witnesses who can support your case, bring them to court. If you have a lot of witnesses, you might need to fill out extra forms.

Plan what to say to the judge
It helps to plan and write notes about what you want to tell the judge. You can read from your notes in court if you need to. Focus on the facts that support your side of the story.

Review documents from the other side
If the other person gave you papers, go over them carefully. Understand what they are asking for and their arguments. The judge will give you a chance to respond, so think about how you want to defend your side.

Make arrangements beforehand
Find childcare if needed, as court may take a long time. Some courts have a Children’s Waiting Room—check with your court ahead of time to see if it’s available.

Bring things you’ll need, like:

• Pen and paper
• Your court papers
• Papers from the other side (if any)
• Three copies of anything you want the judge to see
• Notes on what you plan to say

You can bring a support person if you want. If you asked for the restraining order, they can sit next to you, but they cannot speak for you.

Dress nicely, like for a job interview—no shorts, hats, or flip-flops.

What to expect at your court date
The judge will give both sides a chance to speak. Usually, the person asking for the restraining order speaks first. It’s important not to interrupt when the other person is talking. If you have something to say, wait and ask the judge for permission to speak.

Presenting your case to the judge
When it’s your turn to speak, explain the facts that support your case. It’s okay to read from notes and bring evidence or witnesses to help prove your points.

Let the judge know if you have evidence. This could be witnesses, or documents like texts, emails, or photos of injuries. Bring three copies of any documents: one for you, one for the other person, and one for the court. If you have video or audio recordings, check with your local Self-Help Center before court—sometimes a transcript (a written version) is required.

The judge makes a decision
The judge usually decides whether to give the restraining order on the same day. If more information or time is needed, the judge may ask you to come back.

If the judge denies the restraining order, the case is over. But if there are other issues, like child custody, you might have to return to court.

If the judge grants the restraining order, the protected person has to take some extra steps, like filling out a form for the judge to sign. If you are the restrained person, you must follow all the orders the judge made. If not, you could be sent to jail, fined, or face other penalties.

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.