Recently updated on March 11th, 2025 at 07:56 pm

In order to get a Domestic Violence Restraining Order (DVRO), the proof needed is to establish that a current or former lover or dating partner or close relative, more likely than not, did any of the following to the victim

• Physical harm including hitting, shoving
• Stalking including online stalking
• Forced sex
• Threats of any kind including strangulating gesture, threat to harm kids or anything that causes the victim to be fearful
• Blackmail or any other controlling behavior

Create DVRO Forms Online

The relationship is an important part for Domestic Violence Restraining Order as the abuser must be victim’s current or former husband or wife, or boyfriend or girlfriend, a dating interest, or close related relative like mom, dad, stepparents, stepson, grandparents, uncle, or aunt. Partners of former lovers (i.e. my ex’s new girl friend) who operate in intimate home like situation may also qualify.

All supporting material such as any police reports, pictures taken, screenshots of text messages, and medical bills must be attached to your statement to show that the definition of domestic violence was met.

These are submitted as part of the paper work called the petition, and then later at the court hearing. These help the Judge determine whether you meet the eligibility requirements for a restraining order.

Courts in California apply the “preponderance of the evidence” standard to DVROs when deciding whether to grant or not the restraining order.  “Preponderance of the evidence” means that the evidence shows that the abuse likely happened rather than not.  This is a lower standard the one used for criminal cases.

 

Steps: How do I file a Domestic Violence Restraining Order

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Step 1: Gather evidence (Proof)

The first step is to gather the evidence to support your case. What proof do you need for a restraining order in California.

There are a few different types of restraining orders and typically only one of them may apply to your situation so it’s important to select the correct one.

It’s important to understand the technical meaning of domestic violence and the laws governing the Domestic Violence Restraining Order (DVRO) in California in order to determine what proof is needed.

Domestic violence can commonly refer to any physical, sexual or emotional abuse within a household or romantic partners. However, there is a legal definition in every state within US, and its important to know that to determine what is domestic violence and what is not.

 

 

Step 2: Get a copy of court forms 

Create DVRO Forms Online

 

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.

 

Tip: Check your county’s Superior Court website Or use LegalAtoms to get a complete and updated list of required forms.

 

 

Step 3: File with the County’s Superior Court

Filing is the process which means the following steps

1. Formally submitting the case documents at the court with the office of the clerk
2. The clerk reviews and verifies the correctness of forms and completeness of the required info
3. Clerk enters the case in the court database, stamps the documents and assigns a case #

 

County (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).

Determine the 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.

Determine the 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 # 2: 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: Judge Sets Hearing, Grant/Deny Temporary Restraining Order (TRO)

A judge reviews the case offline and then you will be notified by the court about the outcomes which are:

• Temporary Restraining Order Granted
• Temporary Restraining Order Denied

In addition the Judge would typically set a hearing. If the case doesn’t have sufficient evidence it might be dismissed without even a hearing.

The temporary order (if issued) is valid until the hearing i.e. typically about 3 weeks. 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 a set of Stamped Case Forms including Hearing Notice to Abuser 

 

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

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

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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 fees for filing. Online filing platforms may charge a service fees

 

How long does it take to get a restraining order

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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

 

What if I am Under 18 years of Age

Restraining orders can be requested by anyone 12 years or older, and without your parent’s permission.  If you are under 18, then in some situations , a judge may ask you to have a trusted adult help you in your case after you have filed for the petition. such as a parent a counselor or a neighbor.

If you are under 18, you can go to your local court’s Self-Help Center for help. For support and safety tips, you can chat at loveisrespect.org, text “LOVEIS” to 22522, or call 1-866-331-9474.

If you are 12 or older and someone has asked for a restraining order against you, you can go to court without a parent. In some situations, the judge may ask you to have a trusted adult help you in your case.

Situation Examples

Example 1:  Husband is sexually and verbally abusive, and controlling  

My husband doesn’t allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now.  He verbally abuses me by calling me a whore if I don’t sleep with him.  During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities.  Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully.   Often times I feel that if I resist, or decline his advances that my reputation, our property, or even me life will me in danger.  I feel little, humiliated and disgusted with myself.

 

Example 2:  Boyfriend blackmails and destroys property to control and induce fear

Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, “if you mess with me, I’ll retaliate,” was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael’s behavior becomes particularly alarming when he is under the influence of drugs.

 

Example 3: Ex-boyfriend stalks 

Jenna’s ex-boyfriend shows up at Jenna’s work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.

Risks

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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:

1. Physical assault or violence
2. Harming or taking away children
3. Damaging jointly owned property
4. Disregarding the order and persisting with threats, possibly through intermediaries
5. Inflicting harm or causing harm to pets
6. Harassing your loved ones for information
7. Engaging in stalking behavior
8. Initiating a retaliatory restraining order against you
9. 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.

 

DVRO Comparison with Criminal Case

If you’re a victims of domestic violence, then you can file the following legal cases:

• Criminal Case: In a criminal case, the burden of proof is beyond a reasonable doubt, the highest burden of proof.
• Domestic Violence Restraining Order (DVRO) : This is considered a family law case, and the victim has to give some evidence and generally the burden is low and the victim must establish “reasonable proof of a past act or acts of abuse.” Cal. Family Code § 6300.For Domestic Violence Restraining Order (DVRO), you just need evidence to support that abuse occurred which is defined as bodily injury or fear that you will get bodily injury.The legal language is in California Penal Code 13700: “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.”

Is a restraining order helpful?

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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

1. Approaching or contacting the petitioner including via text or social media
2. Staying away from the usual places petitioner is at such as home, work or school
3. Prohibit stalking, or surveillance of any kind
4. In situations where they lived together, provide custody or access to
   • Children
   • Pets
   • Important documents
   • Personal items such as clothes, medications, cell phones
   • Cars
5. Extending the protections to others living with the petitioner

Research findings on benefits of restraining orders