How to Get a Restraining Order in California

A California judge can order someone to stop contacting you, stay a set distance away, or move out of a shared home. The judge will do this only after you file the right forms with the Superior Court and show why you need protection. Knowing how to get a restraining order in California starts with identifying which type of order fits your relationship with the other person and what evidence the judge expects to see.

If you are in immediate danger, call 911. If you need to file or have been served with a request, call The Law Office of George Gedulin at 858-943-6591 for a free case discussion with our San Diego restraining order attorneys.

Which Type of Restraining Order Fits Your Situation?

California has four main types of restraining orders: domestic violence, civil harassment, elder or dependent adult abuse, and workplace violence. The right one depends on your relationship with the other person and what they did.

• Domestic violence restraining order: This order is for spouses, former spouses, people who are dating or used to date, co-parents, people who live together, and close family members. Abuse under Family Code § 6203 includes causing physical injury, sexual assault, and placing someone in reasonable fear of imminent serious harm. It can also cover conduct that can be enjoined under § 6320, including harassing, stalking, threatening, and disturbing the peace.
• Civil harassment restraining order: This order is for people without a close relationship, such as neighbors, roommates, or acquaintances. Under Code of Civil Procedure § 527.6, you must show unlawful violence, credible threats of violence, or a knowing and willful course of conduct that serves no legitimate purpose and actually causes, and would cause a reasonable person to suffer, substantial emotional distress.
• Elder or dependent adult abuse restraining order: This order protects people 65 or older, and dependent adults (ages 18 to 64) with physical or mental limitations. It applies to physical abuse, financial abuse, neglect, abandonment, and isolation under Welfare and Institutions Code § 15657.03.
• Workplace violence restraining order: An employer or, in specified circumstances, a collective-bargaining representative may request one on behalf of an employee who has suffered violence or credible threats at work under Code of Civil Procedure § 527.8. The statute also gives the employee the right to decline to be named before the petition is filed.

What Is an Emergency Protective Order?

An emergency protective order is a short-term protective order that a judge issues at a law enforcement officer’s request when there is immediate danger of domestic violence, child abuse, elder abuse, child abduction, or stalking.

You do not file anything to get one. An officer who responds to a call can ask a judge by phone, day or night, and the order can take effect right away. It expires on the earlier of the 5th court day or 7th calendar day, so its real purpose is to give you time to request a temporary restraining order. Tell the responding officer about every threat and injury, because the resulting police reports become evidence later.

Steps to Get a Temporary Restraining Order

You file a request with the superior court, a judge reviews it, and if it shows reasonable proof of abuse or harassment, the judge can issue a temporary restraining order without the other party present.

1. Complete the forms. Domestic violence requests use the DV-100 and DV-109/DV-110 forms, civil harassment uses CH-100 and CH-110, and elder abuse uses EA-100. Completing forms means describing each incident, including dates, the words used, injuries, and witnesses.
2. Gather evidence. Useful items include text messages, voicemails, photos of injuries, medical records, police reports, and the names of anyone who saw what happened.
3. File with the court clerk. DVRO requests are generally free to file. For civil harassment, the no-fee rule applies when the petition is based on violence, credible threats of violence, or stalking, while other civil harassment petitions may require a filing fee unless waived.
4. Wait for the judge’s decision. A judge usually reviews a request for a temporary order on paper the same or next business day in most counties and may grant it, deny it, or ask for more information.
5. Have the other party served. Someone over 18, other than you, must deliver the papers to the restrained person, and the court date can proceed only with proper service.

Our attorneys can help prepare declarations and organize evidence so the request tells a clear, consistent story.

What Happens at the Full Court Hearing?

The full court hearing is often set within a few weeks of the temporary order, with the exact date appearing on the court notice form. At it, the judge hears from both sides and decides whether to grant a longer-term protective order.

With the other party present, both people can testify, call witnesses, and submit evidence. A civil harassment judge must find clear and convincing evidence, a higher bar than most civil cases. If a properly served restrained person does not appear, the judge can still rule. The temporary order generally remains in effect until the hearing unless the court changes or ends it.

If granted, the order can include:

• Stay-away and no-contact terms: The restrained person must keep a certain distance from you, your home, workplace, and children’s school, and cannot call or send text messages.
• Move-out orders: In domestic violence cases, a judge may order the restrained person to move out of a shared residence.
• Firearm restrictions: The restrained person generally must surrender firearms.
• Family orders: Domestic violence orders can address temporary child custody, visitation, and support.

A restraining order after a hearing, or a long-term restraining order, usually lasts up to five years and can be renewed. Violating it can lead to arrest.

If You Have Been Served as the Restrained Person

If you are served with a restraining order request, do not contact the protected person, and file a written response before the hearing, because the judge can issue a long-term order even if you do not show up.

Read the hearing date carefully and gather your own evidence, such as messages, witnesses, and records that contradict the claims. Our attorneys handle these cases for both people seeking protection and people responding to a request. A restraining order case is civil, but the same conduct can lead to domestic violence or elder abuse criminal charges, and statements you make at the hearing can be used against you.

Protecting Yourself While the Case Moves Forward

A safety plan is a written set of steps to stay protected before, during, and after a restraining order case, and it matters most in the weeks leading up to the hearing.

• Keep the order with you: Carry a copy of the temporary order and give copies to your workplace, your children’s school, and trusted family members.
• Document every violation: Save texts, screenshots, and dates, and report violations to the police.
• Change your routines: Vary routes and, where safe, update passwords and locks.
• Call a hotline for support: The National Domestic Violence Hotline, 1-800-799-7233, offers confidential support and help creating a safety plan.

Quick Answers About Restraining Orders in California

These are the questions people ask most often before they file.

Do I need a lawyer to get a restraining order?

No, California does not require one, and the court provides the forms. A legal professional can help you present evidence clearly and appear with you at the hearing, which matters most when the other side hires counsel.

Can a judge grant a temporary restraining order without the other person knowing?

Yes. The judge reviews the request without the other party present, but the restrained person must be served with the order and hearing notice before the full hearing.

Speak With a San Diego Restraining Order Attorney Today

Whether you need protection or need to respond to a request, the first deadline is the hearing date. Call The Law Office of George Gedulin at 858-943-6591, or our secondary office at 858-358-6922, to schedule a free case discussion with our San Diego restraining order lawyers. Our offices are at 12636 High Bluff Drive, Suite 400, San Diego, CA 92130, and 501 W. Broadway, Suite 800, San Diego, CA 92101.