Recently updated on March 11th, 2025 at 08:12 pm

Overview

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.

When applying for restraining orders, attach all supporting material such as any police reports, pictures taken, screenshots of text messages, and medical bills to show that the definition of abuse was met.  The proof should support your main description of abuse.

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 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.

In California, there are six different types of restraining orders and the proof needed depends on the type of restraining order being requested, so its important to understand the types and the proof needed.

Determine the Suitable Type of Restraining Order for your Situation

The proof needed depends on the type of a restraining order. 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.

Domestic Violence Restraining Order 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

Criteria: You must demonstrate that the person has committed acts of domestic violence against you, such as:

• Physical abuse (hitting, kicking, pushing).
• Sexual assault.
• Threats of harm or harassment.
• Stalking or surveillance.
• Destroying personal property or other acts of intimidation.

Proof: Evidence can include police reports, medical records, witness statements, photos of injuries, threatening messages, or your own testimony

Create Domestic Violence Restraining Order Documents

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.

Criteria: You must show that the person has harassed, stalked, threatened, or committed violence against you. Harassment might include:

• Repeated, unwanted contact or following.
• Verbal or written threats.
• Physical assault or attempted assault.

Proof: Similar to a DVRO, you should provide any available evidence of harassment or threats.

Start Civil Harassment Restraining Order Documents

Elder Abuse: is for situations when a senior citizen or disabled adult is being abused by a caretaker, neighbor or child.

Criteria: The abuse can include:

• Physical or financial abuse.
• Neglect or abandonment.
• Emotional or psychological abuse.
• Deprivation of care necessary for your health.

Proof : Can include medical reports, financial records, witness testimony, or other documentation of the abuse.

(Not quite ready for online filing)

Gun Violence: is for cops or family members to apply for when an unstable person has a firearm,  and risks hurting themselves or others. The court order requests firearms to be taken away.

• Criteria: The petitioner must demonstrate that the individual poses a danger to themselves or others by having access to guns.
• Evidence: Can include social media posts, threats, past acts of violence, or other behavior indicating a risk.

(Not quite ready for online filing)

Workplace Violence: An employer usually requests these to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.

(Not quite ready for online filing)

School Violence is for school officials to get when there’s risk of violence against students at a private college or university when the risk of violence is at the on campus.

(Not quite ready for online filing)

Proof (Evidence) Needed for Restraining Order in California

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.

Process for Getting a Restraining Order

Step 1: Select the Type

These are explained above in the overview section

Step 2: Fill Forms 

In order to apply for a civil protection 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.

1. DV-100: Request for Domestic Violence Restraining Order (DV-100)  The most important form is the DV-100 which formally asks the judge for a restraining order and tell the judge why you need one.
2. CLETS-001: Confidential CLETS Information: The information on this form will help police enforce your restraining order. The court will not use the information on this form and the person you want a restraining order against will not get a copy.
3. DV-109 Notice of Court Hearing: The court will complete most of this form. You only need to complete numbers 1 and 2.
4. DV-110 Temporary Restraining Order: The court will complete most of this form. You only need to complete numbers 1, 2, and 3.
5. FL-150: Use this form if you are asking for attorney’s fees, spousal support, or child support. This form asks how much money you earn and what your expenses are. Attach proof of your income (like paystubs) from the past two months to the form.
6. DV-120: Response to Request for Domestic Violence Restraining Order
7. DV-200: Proof of Personal Service (CLETS) Use this form to prove to the court that the restrained person has been served in person. Your server fills out and signs the form.

If you have children together, and also want child custody, parenting time, or child support orders:

1. DV-105: Request for Child Custody and Visitation Orders: Ask the judge for custody orders if you have children with the person you want a restraining order against.
2. DV-140 Child Custody and Visitation Order: On form DV-140, complete items 1 and 2 and the judge will complete the rest of this form. If you are asking for the parent to be supervised during their visits with your child, you will also need form DV-150. Complete items 1 and 2 on form DV-150 and the judge will complete the rest of this form.
3. DV-108: Optional: Request for Order: No Travel With Children.
   If you believe that the other parent may take your child without your permission, you can ask the court to protect against this. To ask a judge for orders to prevent child abduction, you must complete form DV-108.  This form is optional because you do not have to ask for these orders if you want to ask for custody.
4. ChildrenDV-145 On form DV-145, complete items 1 and 2. If the judge grants your request, the judge will complete the rest of this form and include it with form DV-110. This form is optional because you do not have to ask for these orders if you want to ask for custody.

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 Forms with the Court 

Submit your case documents at the court such that the clerk reviews their corrects and accepts them is called filing.

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 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

There are rules provided by the court to figure out where you should file. Some times the court depends on the zip code e.g. here’s the scheme from Superior Court of California at San Diego.

Please refer to the Zip Code List (SDSC Form # ADM-254PDF) for most family law cases, including Non-Governmental Child Support, Custody and Visitation, Divorce (Dissolution), Domestic Violence Restraining Orders, and Paternity cases. Some exceptions to the Zip Code List are noted below. 

Different Ways of Filing a Restraining Order

Method # 1: In Person:

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:  Electronically via a portal

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 pay around $5-$10 filing 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 an Emergency Temporary 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 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.

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 a Cop (FREE)

A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. You will however need the address of the abuser. 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 specialized courier

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

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

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

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.

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.

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.”