What Happens at a Restraining Order Hearing in California?
Recently updated on January 7th, 2025 at 06:14 pm
Hearing is the key decision point where a Judge evaluates all evidences and determines whether to grant or deny a restraining order.
Restraining Order can be filed by getting a copy of the standard court forms issued by the Supreme Court of California, filling them which includes specifics of harassment and filing them with the clerk at your county’s Superior Court. The forms can be obtained at your local Superior Court, or you can fill them online here and download a PDF copy.
Civil harassment Restraining Order (CHRO) 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. 
Domestic Violence Restraining Order is for situations when the abuser is your current or former romantic partner or family member (not roommate)
Gun Violence Restraining Order: 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.
Elder Abuse: is for situations when a senior citizen or disabled adult is being abused by a caretaker, neighbor or child .
Workplace Violence: An employer (not individual) requests these to protect their employee(s) from a person who has stalked, harassed, been violent or threatened violence at the workplace.
School Violence: A school official requests these when there’s risk of violence against students at a private college or university when the risk of violence is at the on campus.
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.
Once someone asks for a restraining order, the judge quickly checks the documents filed by the person asking for protection. After this fast check, the judge decides if a temporary restraining order should be given and picks a day for a complete hearing. During this full hearing, both the person asking for the order and the person it’s against tell their sides of the story to the judge.
What Happens at a Temporary Restraining Order (TRO) Hearing in California?
A Temporary Restraining Order (TRO) hearing occurs soon after a restraining order request is filed. The judge reviews the submitted documents and decides on immediate protection measures.
The judge holds an urgent hearing to assess the petitioner’s paperwork. The petitioner presents reasons for seeking protection, and the judge decides whether to grant a temporary order to ensure immediate safety.
If granted, a TRO is temporary and typically lasts until the full hearing. It aims to provide immediate protection until a thorough evaluation can be conducted.
What Happens at a Final Restraining Order Hearing in California?
An FRO hearing happens after the TRO. It’s a comprehensive hearing where both parties present their cases to determine if a long-term restraining order is necessary.
At the FRO hearing, both the petitioner and respondent attend. Each party presents evidence, witness testimonies, and their side of the story before the judge.
Based on the evidence and testimonies presented, the judge decides whether to issue a final restraining order. If granted, an FRO can last for an extended period, offering continued protection.
Key Differences
Timing: TRO hearings occur immediately after filing for a restraining order to address urgent safety concerns. FRO hearings take place after the TRO, allowing a thorough examination of evidence and testimonies.
Duration: TROs are temporary, providing immediate but short-term protection. FROs, if granted, offer longer-term protection after a comprehensive evaluation.
Steps: How do I file a Order of Protection
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 New York.
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 Orders of Protection in New York 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.
Criminal Case
A criminal case in progress shows that the district attorney also found evidence of the abuse or crimes and therefore supports your claims.
Photos
Photos of violence, injuries, damage
Messages
Print outs of messages, emails or transcripts of voicemail
911 Calls
For each call document the #, date, time, caller, callee details
Medical Records
Documentation of any medical emergencies or injuries or treatments resulting from abuser’s violence.
Police Report
Police reports filed against abuser for domestic violence.
Testimony
A testimony from a witness who can be a family member, neighbor a co-worker or a bystander, either in writing or in person at the hearing, describing the incidents witnessed.
Step 2: Get a copy of court forms
In order to apply for a Order of Protection, you need to fill and submit a specific set of official New York 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 Family Court
Filing is the process which means the following steps
- Formally submitting the case documents at the court with the office of the clerk
- The clerk reviews and verifies the correctness of forms and completeness of the required info
- Clerk enters the case in the court database, stamps the documents and assigns a case #
County (Venue)
The proper venue for an Order of Protection 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 New York state, one typically file at the Family Court at county of your residence or where the abuse occurred. For example, if you live in Manhattan, then the court is
New York County Family Court
60 Lafayette Street
New York, NY 10013
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 Order of Protection
A judge reviews the case offline and then you will be notified by the court about the outcomes which are:
- Temporary Order of Protection is Granted
- Temporary Order of Protection is 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 Order of Protection it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent
Under the New York 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 New York, prison staff, not the sheriff, will serve your papers.
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 Order of Protection order is issued. At this point it becomes a crime for the abuser to break the conditions of the Order of Protection.
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 Order of Protection.
- 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 may charge a service fees
How long does it take to get a order of protection
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
Order of Protection 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 Order of Protection 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
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 Order of Protection 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.
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.
- Order of Protection(OP) : 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.”
Is an Order of Protection(OP) order helpful?
The purpose of a order of protection to 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 an Order of Protection 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 Order of Protection 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 Orders of Protection (restraining orders)
Here’s the top three findings from a study on domestic violence and Order of Protection 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 Order of Protection hold greater importance.
Order of Protection (OP) If you’re being abused by a current or former intimate partner or a relative by blood or marriage then you can get a Order of Protection against them with judge ordering them to stop the harmful behavior as per New York Consolidated Laws, Family Court Act – FCT § 842, § 846-a. 
Harassment Restraining Orders These orders protect individuals from harassment, stalking, or threats from another person. They are typically issued in cases where there is no familial relationship between the parties involved. (NY Consolidated Laws, Civil Practice Law & Rules – CVP § 6340)About The Author
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