If you're in a situation where you feel unsafe, knowing how to file a restraining order in California can be one of the most important steps you take. Restraining orders — also called protective orders — legally prohibit someone from contacting you, coming near you, or showing up at your home or workplace. The process is available to everyone: you don't need an attorney, and California courts provide free forms and self-help resources specifically designed for self-represented individuals. This guide walks through every step, from choosing the right order type to what happens after the judge signs it.
The 4 Types of California Restraining Orders
California has four main types of protective orders. Filing the correct form matters — using the wrong one can delay or complicate your case.
| Order Type | Who Can File | Form Number |
|---|---|---|
| Domestic Violence Restraining Order (DVRO) | Victim of abuse by a spouse, domestic partner, dating partner, co-parent, or close family member | DV-100 |
| Civil Harassment Restraining Order | Anyone harassed, stalked, or threatened by someone who is not a close family member or intimate partner (neighbor, acquaintance, stranger) | CH-100 |
| Workplace Violence Restraining Order | An employer filing on behalf of an employee who has been threatened or harassed | WV-100 |
| Elder or Dependent Adult Abuse Restraining Order | Person 65+ or an adult with disabilities who has experienced abuse, neglect, or financial exploitation (or a qualifying third party on their behalf) | EA-100 |
A note on civil harassment: Civil harassment orders require more than a single incident. Courts generally look for a pattern of conduct — harassment, threats, stalking, or violence — that would cause a reasonable person substantial emotional distress. If your situation involves a neighbor dispute, a coworker, or someone you know casually, the CH-100 is typically the right form.
If you're unsure which category fits, your local courthouse self-help center can help you identify the correct form. They cannot give legal advice, but they can explain which type applies based on your description.
Step-by-Step: How to File a Restraining Order in California
Step 1 — Fill Out the Correct Forms
All Judicial Council forms are free at courts.ca.gov or at your local courthouse self-help center. The full filing packet for a DVRO includes:
- DV-100 — Request for Domestic Violence Restraining Order (main petition)
- DV-101 — Description of Abuse (attach this if you need more space to explain what happened)
- DV-109 — Notice of Court Hearing (the clerk fills this out)
- DV-110 — Temporary Restraining Order (the judge signs this)
For civil harassment, the equivalent core forms are CH-100, CH-109, and CH-110.
The declaration section is the most important part of your petition. Be specific: include exact dates, locations, what was said or done, any injuries, and prior incidents. A judge reviews your forms without you in the room, so the paperwork needs to tell the complete story. Vague statements like "he was threatening" are much weaker than "On April 3, 2026, at approximately 7 PM outside my apartment, he said 'I will hurt you if you call the police' while blocking the door."
Need help organizing your civil harassment documentation before you file? Bigfirmlit's Civil Rights Complaint Packet ($169) includes a professionally formatted complaint packet, cover letter, and supporting documentation structure — prepared to your specifications as a self-represented filer. Some filers find it helpful to establish a paper trail before filing a restraining order, especially in civil harassment situations.
If you haven't yet escalated to court and are looking to put the other party on notice first, a Demand Letter Packet ($129) is a common pre-court step. See our guide on how to write a demand letter in California for how that process works.
Step 2 — File at the Courthouse
Take your completed forms to the civil or family law clerk's office at your local Superior Court (the court in the county where you live, where the restrained person lives, or where the harassment occurred). Bring:
- Your completed petition forms (original + at least 2 copies)
- A photo ID
- Your fee waiver application (FW-001), if applicable — see fee waiver section below
There is no filing fee for a Domestic Violence Restraining Order. Civil harassment and other order types may have a filing fee (commonly $435–$450 depending on county), but fee waivers are available and frequently granted.
Step 3 — Judge Reviews Your TRO Request
After you file, a judge reviews your petition the same day or the next business day — without the other party present. This is called an ex parte (one-sided) review. The judge will either:
- Grant the TRO and schedule a full court hearing (typically within 20–25 days), or
- Deny the TRO but still schedule a hearing so both parties can be heard, or
- Request additional information before deciding.
If the TRO is granted, the court issues a signed DV-110 or CH-110 order that is immediately enforceable by law enforcement statewide.
Step 4 — Service of Process
Before the court hearing, the restrained person must be formally served with all filed court documents. The petitioner cannot serve the papers themselves — service must be completed by someone who is 18 or older and not a party to the case. Common options include:
- A friend or adult family member (who doesn't live with you)
- A professional process server
- The county sheriff's office (often free for DVRO recipients)
After service is completed, the server fills out a Proof of Service form — DV-200 for domestic violence orders, CH-200 for civil harassment. File the completed proof of service with the clerk before your hearing date. If the other party hasn't been served, the judge will likely postpone the hearing.
Step 5 — Attend the Hearing for a Permanent Order
The full hearing is where both sides present their case. The judge will hear testimony, review evidence, and decide whether to issue a restraining order after hearing — the permanent order — which can last up to 5 years and can be renewed before it expires.
Courts generally require you to appear in person. If you don't show up and the other party was properly served, the TRO may be dissolved and you'd need to refile.
What to Bring to the Hearing
Preparation matters. Some filers find it helpful to organize their evidence in advance and bring:
- All filed court documents and any TRO the judge already issued
- Printed text messages or emails — courts generally prefer printed copies; screenshots with visible timestamps are helpful
- Photos of injuries, property damage, or relevant locations
- Police or incident reports related to any reported incidents
- Medical records documenting any injuries
- Witness names and contact information (witnesses may attend or submit written declarations)
- A written timeline of events — a chronological summary helps you stay organized and focused when speaking to the judge
Speak directly to the judge, not to the other party. Stick to facts and dates. If you have witness declarations, bring extra copies for the court and the other side.
Fee Waivers (Form FW-001)
If paying court fees would prevent you from meeting basic living expenses, you may qualify to have them waived. Complete form FW-001 (Request to Waive Court Fees) and submit it with your restraining order filing packet.
| Qualifier | Threshold or Program |
|---|---|
| Income-based | At or below 125% of the federal poverty level |
| Public benefit recipients | Medi-Cal, SSI/SSP, CalFresh, CalWORKs, General Assistance |
| Out-of-pocket hardship | Paying fees would prevent meeting basic needs |
Approval is typically confirmed the same day. If granted, fees for filing and sheriff's service are waived.
Common Mistakes to Avoid
- Vague declarations. Judges need specific facts. Dates, locations, exact words, and documented incidents carry far more weight than general descriptions.
- Filing the wrong form type. A DV-100 won't work for a neighbor situation; a CH-100 won't work for a domestic partner. Mismatching the form type can result in rejection or delay.
- Skipping or mishandling service. The restrained person must be properly served before the hearing, and the proof of service must be filed with the court. Courts are strict about this step.
- Not showing up to the hearing. If you filed and obtained a TRO but miss the hearing, the court may dissolve the temporary order and the other party could request fees.
After the Order Is Granted
Once a restraining order is issued after the hearing, the court transmits it to the California Law Enforcement Telecommunications System (CLETS), making it visible to law enforcement throughout the state. Any police officer who runs a name check can see the active order.
Keep a certified copy of the order with you at all times. If the restrained person violates any term — coming near you, contacting you, showing up at a protected location — that is a criminal offense. Call 911 immediately and tell them you have an active restraining order. Violations can result in arrest, criminal charges, and possible jail time.
If circumstances change (the threat escalates, the restrained person moves, the protected address changes), you can return to court to request a modification.
Frequently Asked Questions
Do I need a lawyer to file a restraining order in California? No. California courts are specifically set up for self-represented filers. All Judicial Council forms are free, the courthouse self-help center can assist with form identification and completion (though not legal advice), and there is no requirement to have an attorney at any stage. Many people successfully obtain restraining orders each year without any legal representation.
How long does a restraining order last in California? A Temporary Restraining Order (TRO) lasts until the scheduled court hearing — typically 20–25 days. If the judge grants a restraining order after the hearing, it can last up to 5 years. Before it expires, you can file a renewal request — there is no limit on the number of renewals.
What if the other party violates the order? Violating a restraining order is a criminal offense under California Penal Code §273.6. Call 911 immediately and tell the dispatcher you have a restraining order in place. Officers can arrest the restrained person on the spot. Document every violation — dates, times, what happened — and consider filing a police report even if no arrest is made that day.
For related reading, see our guides on filing a complaint with the California Civil Rights Department (CRD) and how to write a demand letter in California.
If you're dealing with civil harassment and need help organizing your documentation into a properly formatted complaint packet, Bigfirmlit's Civil Rights Complaint Packet ($169) provides a complete, structured filing set prepared to your specifications — no attorney needed.
Bigfirmlit is a non-attorney document preparation service registered as a California Legal Document Assistant. We help self-represented individuals prepare and organize legal documents. We are not attorneys and cannot provide legal advice, represent you in court, or tell you what the law means as it applies to your situation. If you need legal advice, please consult a licensed California attorney.