Getting a Restraining Order in California: Step-by-Step Guide (2025)

If you’re worried about your safety due to harassment, threats, abuse, or stalking, getting a restraining order in California can be a powerful legal tool to help protect you and your family. California’s process is structured, but it can feel intimidating if you’ve never been to court before. This guide breaks it down into clear steps so you know what to expect.

If you are in immediate danger, call 911. This article is general information, not legal advice.

Step 1: Choose the Right Type of Restraining Order

California has several restraining order types, and the “right” one depends mostly on your relationship to the other person and the kind of harm involved. The California Courts Self-Help guide is the best starting point for selecting the right category.

Common types include:

Domestic Violence Restraining Order (DVRO): for someone you’ve had an intimate relationship with, or a close family relationship
Civil Harassment Restraining Order (CHRO): for neighbors, roommates (in many situations), acquaintances, coworkers, or strangers
Other types can exist for specific situations (like elder/dependent adult abuse, workplace violence, and gun violence restraining orders).

Step 2: Gather Evidence and Write a Clear Timeline

Judges decide based on details and credibility. Before you fill out forms, collect anything that supports your request, such as:

Texts, emails, DMs, voicemails
Photos of injuries or property damage
Police reports or incident numbers
Medical records (if relevant)
Witness names and what they saw/heard

A simple timeline (date → what happened → any proof) makes your paperwork stronger and helps you speak clearly at the hearing.

Step 3: Fill Out the Correct Court Forms

Your forms depend on the order type.

Examples of commonly used Judicial Council forms:

DVRO requests often start with DV-100 (Request for Domestic Violence Restraining Order)
Civil harassment requests often start with CH-100 (Request for Civil Harassment Restraining Orders) and may include CH-110 (Temporary Restraining Order)

Most courts have a Self-Help Center that can help with procedure (not “legal advice”) and ensure forms are complete.

Step 4: File Your Forms With the Court

After completing your forms:

Make copies (or e-file, if your county allows it)
File with the clerk in the correct courthouse (often based on where you live or where the incident happened)

A judge may review your request quickly and decide whether to issue a temporary restraining order (TRO) that lasts until the court hearing.

Step 5: Serve the Other Person (Legal Notice)

The person you’re seeking protection from must be formally notified (“served”) with the filed papers and hearing date. Courts usually require service by someone who is:

Over 18, and
Not you

Proper service is critical—if service rules aren’t followed, the judge may delay or deny the request even if your situation is serious.

Step 6: Prepare for the Court Hearing

A hearing is where a judge decides whether to grant a longer-term restraining order. In civil harassment cases, the order can last up to 5 years (and DVROs can also be issued for multi-year periods depending on the case).

Bring:

Printed evidence (labeled, organized)
Any witnesses (if allowed/needed)
A written outline of your key points
Copies for the court and the other side (if required)

Tip: Focus on facts—what happened, when, and why you fear future harm.

Step 7: After the Judge’s Decision (Next Steps)

If the restraining order is granted:

Keep multiple copies (home, car, work, phone photo)
Share it with people who need to know (workplace security, child’s school, etc., if relevant)
Follow the order yourself (for example, custody/communication rules if included)

Enforcement and violations

A restraining order is a court order. Knowingly violating certain protective orders can be a crime under California law (Penal Code § 273.6), with penalties that can include jail and fines depending on the circumstances.

Firearms restrictions

Some restraining orders can restrict firearm and ammunition access. California Courts provide guidance on complying with firearm-related orders.

Quick FAQs

How fast can I get protection?
In many cases, the court can issue a temporary restraining order quickly after filing, then schedule a hearing for longer-term orders.

Does my county change the rules?
The core process is statewide, but filing methods, local forms, and hearing timelines can vary by county. The California Courts Self-Help site is the most consistent reference point.