Every week, California courts process thousands of restraining order requests filed by self-represented individuals — people without lawyers who sat down, filled out the forms, and walked them to the courthouse clerk. You don't need an attorney to get a restraining order in California. You need the right forms, the right court, and a clear, detailed description of what happened to you.
California has three main types of restraining orders. A Domestic Violence Restraining Order (DVRO) is for people in a close personal relationship. A Civil Harassment Restraining Order (CHRO) is for neighbors, coworkers, acquaintances, and others who don't qualify under the domestic violence statutes. A Elder or Dependent Adult Abuse Restraining Order covers a narrower population and won't be covered here. This guide focuses on DVROs and CHROs — the two types most people need.
Here's the most important thing most people don't know: a Temporary Restraining Order (TRO) is issued the same day you file — ex parte, without notice to the other party. If the judge grants it, a full hearing is automatically set within 21 days. You don't need to wait weeks or months to get immediate protection.
Part 1: Which Type Do You Need?
Choosing the right restraining order matters because the forms are different, the burden of proof is different, and filing under the wrong category can result in a denial.
Domestic Violence Restraining Order (DVRO)
The DVRO is available to people who have a close personal relationship with the person they need protection from:
- Current or former spouse or domestic partner
- Current or former dating or engagement partner
- Parent, child, sibling, or other close family member
- A person you live with or have lived with
DVROs are governed by Family Code §6200 et seq. and are filed on form DV-100 (Request for Domestic Violence Restraining Order).
Burden of proof: The petitioner must show "reasonable apprehension of future abuse." Abuse includes physical abuse, sexual abuse, emotional abuse, stalking, threats, harassment, and disturbing the peace (Fam. Code §6203).
Civil Harassment Restraining Order (CHRO)
If the person harassing you does not fall into one of the close-relationship categories above — a neighbor, coworker, acquaintance, distant relative, or a stranger — you need a CHRO. CHROs are governed by Code of Civil Procedure §527.6 and are filed on form CH-100.
Burden of proof: You must show harassment, which CCP §527.6(b)(3) defines as unlawful violence, a credible threat of violence, OR a course of conduct that causes substantial emotional distress. The full hearing requires "clear and convincing evidence" — a higher bar than the DVRO standard.
DVRO vs. CHRO — Quick Comparison
| DVRO | CHRO | |
|---|---|---|
| Relationship required | Close personal (spouse, dating, family, cohabitant) | Any other (neighbor, coworker, acquaintance) |
| Governing law | Fam. Code §6200 et seq. | CCP §527.6 |
| Request form | DV-100 | CH-100 |
| Burden of proof | Reasonable apprehension of future abuse | Clear and convincing evidence of harassment |
| Order duration | Up to 5 years | Up to 5 years |
| Free sheriff service | Yes (Fam. Code §6383) | No — you must arrange service |
Rule of thumb: If your relationship qualifies for a DVRO, always file for a DVRO. The lower burden of proof gives you a better chance at the TRO and the full hearing.
Part 2: What You Need to Prove
For a DVRO
You must show that the restrained person committed or threatened abuse as defined by Fam. Code §6203:
- Physical abuse (hitting, shoving, grabbing, sexual assault)
- Emotional abuse (threats, intimidation, disturbing your peace)
- Stalking or following you
- Destruction of property, harassment by phone or message
- Attempting any of the above
The abuse does not have to be physical to qualify. A pattern of threatening texts can be enough.
For a CHRO
You must show:
- Unlawful violence (assault, battery)
- A credible threat of violence that would place a reasonable person in fear of their safety, OR
- A course of conduct (repeated acts over time) that serves no legitimate purpose and causes you substantial emotional distress
One incident can sometimes be sufficient if it involves a credible threat or actual violence. A course of conduct typically means two or more incidents.
Document Everything Before You File
Before you go to the courthouse, gather:
- Dates and times of every incident — the more specific, the better
- Text messages and emails — screenshot them (include sender name, date, and time visible in the screenshot); print them out
- Photos of injuries, property damage, or messages on a screen
- Police report numbers if you called law enforcement
- Names of witnesses who saw or heard incidents
- Any prior court orders between you and the restrained person
This documentation will strengthen both your TRO request and your full hearing presentation.
Part 3: Step-by-Step — Filing the DVRO
Step 1: Get the Forms
Download or pick up at the courthouse clerk's window:
- DV-100 — Request for Domestic Violence Restraining Order (the main petition)
- DV-109 — Notice of Court Hearing (the clerk fills this in after you file)
- DV-110 — Temporary Restraining Order (the judge signs this if the TRO is granted)
Optional attachments based on your situation:
- DV-101 — Safety of Children (if children are involved)
- DV-105 — Request for Child Custody and Visitation Orders (if you want custody terms in the order)
- DV-140 — Orders: No Guns or Other Firearms (strongly recommended if the restrained person has access to weapons)
All forms are free at courts.ca.gov or your county courthouse.
Step 2: Fill Out DV-100
The most important section is your description of the abuse. Write in plain language. Include:
- What happened (the specific act — threat, hit, message, etc.)
- When it happened (date and approximate time)
- Where it happened (address or location)
- What was said or done (direct quotes if you remember them)
Vague descriptions ("he has been harassing me for months") are the #1 reason TROs are denied. Specific descriptions ("on May 15, 2026, at approximately 9:00 PM, he sent me a text message stating 'I will kill you if you leave'") are what judges need to act.
Step 3: File at the Courthouse
For a DVRO, you can file in:
- The county where you live
- The county where the restrained person lives
- The county where the abuse occurred
You choose. If safety is a concern, filing in your county avoids the restrained person knowing which courthouse you used initially.
There is no filing fee for a DVRO. Bring a government-issued ID.
Step 4: Judge Reviews Ex Parte (Same Day)
After filing, a judge reviews your DV-100 the same day without a hearing — the restrained person is not notified. The judge can:
- Grant the TRO — you receive a signed DV-110 with a hearing date set within 21 days (Fam. Code §6300)
- Deny the TRO — you still have a hearing date; see Part 6 below
- Request more information before ruling
Step 5: Personal Service — Required Before Enforcement
This is the most critical step most people skip or delay. The TRO is not enforceable until the restrained person is personally served. Mail, email, or leaving documents at their door does not count.
For DVROs, the sheriff's office will serve the restrained person for free (Fam. Code §6383). Take the signed DV-110 and a copy of your DV-100 to the sheriff's civil division as soon as possible after receiving them. The sheriff will serve the restrained person and return a proof of service to you.
Getting your forms right matters. Bigfirmlit prepares your California Restraining Order packet — correctly formatted, court-ready, and compliant with your county's requirements.
Step 6: File Proof of Service (DV-200)
Once the restrained person has been served, the sheriff (or process server) completes a proof of service. File the completed DV-200 (Proof of Personal Service) with the court before your hearing. Without proof of service on file, the judge may continue (postpone) the hearing.
Step 7: Attend the Hearing
The hearing is typically set 15–21 days after filing (Fam. Code §6300). Both sides appear before the judge. The judge decides whether to issue a permanent DVRO — valid for up to five years.
Come prepared. See Part 5 for exactly what to bring.
Part 4: Step-by-Step — Filing the CHRO
Step 1: Get the Forms
- CH-100 — Request for Civil Harassment Restraining Order
- CH-109 — Notice of Court Hearing
- CH-110 — Temporary Restraining Order (signed by judge if granted)
- CH-200 — Proof of Personal Service
Step 2: Fill Out CH-100
Same principle as the DV-100 — specific dates, times, locations, and exact language used. Describe each incident separately. If you need more space, attach a separate signed declaration.
Step 3: File in the Right County
Under CCP §527.6(p), you can file in:
- The county where the harassment occurred, OR
- The county where the respondent lives
Step 4: Fee Waiver Is Available
Some people think CHROs require full civil filing fees with no waiver option. That's incorrect. The FW-001 fee waiver application works for CHRO filings just as it does for any civil court filing. If you meet the income or public benefits eligibility requirements, apply for the fee waiver when you file.
Step 5: Ex Parte TRO Review
Same-day or next-day review by the judge. If the judge grants the TRO, you receive a signed CH-110 and a hearing date within 21 days.
Step 6: Personal Service (Your Responsibility)
Unlike DVRO cases, the sheriff does not serve for free in CHRO cases. You must arrange service through:
- A process server (typically $50–$150)
- The sheriff's civil division (paid service, fees vary by county)
- Any person 18 years of age or older who is not you (not the petitioner)
The respondent must be served personally — not by mail, not by email. Service must be completed before the hearing.
Step 7: File CH-200 Proof of Service
File the completed proof of service with the court at least five court days before the hearing.
Step 8: Attend the Hearing
The full CHRO hearing uses the "clear and convincing evidence" standard — higher than the TRO standard. This means you need solid, specific evidence of harassment. Bring everything: printed messages, photos, a timeline of incidents, and any witnesses.
Part 5: At the Hearing
Before You Walk In
- Arrive 20–30 minutes early
- Check in with the clerk and confirm your case is on calendar
- Bring at least three copies of everything you filed: DV-100 or CH-100, the signed TRO order, and any supporting declarations
- Bring any new evidence collected since filing
What to Bring as Evidence
- Text messages / social media messages: Print screenshots that clearly show the sender's name or phone number, the date, and the message text. If possible, bring your phone as backup to show the judge the original
- Emails: Print with full headers showing sender address and date
- Photos: Print clearly; organize with dates labeled
- Police report numbers: You don't need the full report; the incident number is sufficient for the judge to note
- Witness names and contact info: You can request witnesses testify, or the judge may ask you to bring them to a continued hearing
How the Hearing Works
The hearing is informal compared to a trial. Each side gets to speak. The judge may ask questions. There are no strict rules of evidence — the judge has broad discretion.
- If the respondent doesn't appear: the judge will typically grant the order by default
- If the respondent appears with a lawyer: stay calm, speak only when the judge addresses you, focus on specific dates and facts, and don't engage in arguments
After the Order Is Granted
Once the judge signs a permanent restraining order, it is automatically entered into the CLETS database — the California Law Enforcement Telecommunications System. Law enforcement throughout California can look up the order instantly. Keep a certified copy of the order with you at all times, in your car, and at your home.
Part 6: If the TRO Is Denied
A denied TRO doesn't mean your case is over. The most common reasons for denial:
- Insufficient detail: The DV-100 or CH-100 narrative was too vague — "he threatens me all the time" without specific dates or content
- Relationship doesn't qualify: You described a coworker situation and filed for a DVRO when a CHRO was the right vehicle (or vice versa)
- Incidents too old without recent conduct: A judge may deny a TRO if the most recent incident was months ago with nothing recent to suggest imminent danger
Your options after denial:
- Re-file with more specifics. Add exact dates, direct quotes, and recent incidents
- Appear at the hearing. Even without a TRO, you have a scheduled court date. You can present evidence at the full hearing, and the judge may still issue a permanent order based on the hearing record
Part 7: Common Mistakes to Avoid
1. Filing a CHRO When You Qualify for a DVRO
If the person is your ex-partner, a family member, or someone you lived with, always file for a DVRO. The lower burden of proof significantly increases your chance of getting the TRO granted and the full order issued. Filing under CHRO when you qualify for DVRO puts you at a disadvantage you didn't need.
2. Not Serving the Respondent Before the Hearing
An unserved TRO cannot be enforced. If the respondent hasn't been served before the hearing date, the judge will typically continue (postpone) the hearing and you'll have to come back. Get service arranged as soon as you receive your signed TRO — don't wait until the week before the hearing.
3. Vague Descriptions in the Narrative
"He has been harassing me for two years" gives a judge almost nothing to work with. Courts need dates, times, locations, and specific conduct. Rewrite your narrative to lead with the most recent, most serious incident, then add a timeline of prior incidents.
4. Not Bringing Evidence to the Hearing
Documents you attached to your DV-100 or CH-100 are not automatically "admitted" at the hearing. Bring originals and copies of everything: the text message screenshots, photos, declarations, police reports. If you don't bring it, you can't use it.
5. Forgetting to Request Child Custody or Firearms Provisions
If you have children in common with the restrained person, attach DV-105 (child custody and visitation orders) and DV-101 (safety of children). If the restrained person has access to guns or other firearms, request a firearms prohibition using DV-140. These provisions must be requested in the DV-100 — the judge won't add them automatically.
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Bigfirmlit is a non-attorney, self-help legal document preparation service registered as a Legal Document Assistant in California. We are not a law firm and do not provide legal advice, legal representation, or legal counsel. Nothing in this article constitutes legal advice. If you need legal advice, please consult a licensed California attorney. For information about finding free or low-cost legal help, visit courts.ca.gov/selfhelp.