California Restraining Order Laws (2026): How to Get a Protective Order

In California, a Domestic Violence Restraining Order (DVRO) is available to current or former intimate partners, cohabitants, co-parents, and certain close relatives who have experienced abuse or credible threats. A final DVRO lasts up to 5 years and is renewable; under Family Code section 6345, each renewal can extend the order for five or more years, or the court can make it permanent.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in California

California offers several distinct civil restraining orders depending on the relationship between the parties and the nature of the harm.

The Domestic Violence Restraining Order (DVRO) is the primary tool for intimate-partner and family abuse. It is governed by the California Domestic Violence Prevention Act (Family Code sections 6200-6460) and requires a qualifying domestic relationship. The DVRO can order the respondent to stop contacting the protected person, stay away from the protected person's home or workplace, move out of a shared residence, follow child-custody arrangements, and surrender firearms.

The Civil Harassment Restraining Order (Code of Civil Procedure section 527.6) does not require any domestic relationship and is available to victims of harassment, stalking, credible threats of violence, or knowing and willful conduct that seriously alarms or annoys the petitioner. Neighbors, acquaintances, coworkers, or strangers can be restrained under this order.

California also has an Elder or Dependent Adult Abuse Restraining Order for persons age 65 or older or dependent adults who have experienced physical abuse, neglect, financial abuse, or abandonment, and a Workplace Violence Restraining Order that an employer may seek on behalf of an employee who faces violence or credible threats at work.

Who can get a restraining order in California?

For a Domestic Violence Restraining Order, the petitioner must have a qualifying domestic relationship with the respondent. Eligible petitioners include current or former spouses or registered domestic partners; current or former cohabitants; persons who share a child in common; current or former dating partners; and certain close relatives, specifically a child, parent, sibling, grandparent, or in-law of the respondent. California allows persons who are 12 years of age or older to petition on their own behalf.

If there is no domestic relationship, a Civil Harassment Restraining Order is the appropriate route. That order requires no prior relationship and is available to any person who has experienced harassment, stalking, or credible threats of violence. The standard for a civil harassment order is a showing that the respondent engaged in a course of conduct that seriously alarmed or annoyed the petitioner, served no legitimate purpose, and would cause a reasonable person to suffer substantial emotional distress.

How to file for a restraining order in California

Petitions for a DVRO or Civil Harassment Restraining Order are filed in Superior Court in the county where the petitioner lives, works, or where the abuse occurred. You can file in any of these three locations, so you are not required to file in the county where the respondent lives.

Filing a domestic-violence protective order is free. Under VAWA, courts cannot charge a filing fee or a fee for service of process in a domestic-violence case. This rule applies to the DVRO. Filing a civil harassment order is also free by statute when the petition alleges violence, threats of violence, or stalking; other civil harassment petitions may carry a fee, which the court can waive based on financial hardship.

California courts have self-help centers at most courthouses that provide free assistance filling out the forms. The Judicial Council forms required (DV-100 for a DVRO; CH-100 for a civil harassment order) are available in English and Spanish at selfhelp.courts.ca.gov. Many local domestic-violence organizations also provide advocates who can accompany petitioners to court and help complete the paperwork at no charge.

After you file the petition, a judge reviews it, often the same day. If the judge finds there is sufficient reason, a Temporary Restraining Order (TRO) is issued immediately, and a hearing date is set for approximately 21-25 days later. At the hearing, both parties have the opportunity to present evidence, after which the judge decides whether to issue a final DVRO.

Temporary vs. final orders: how long they last

California uses two types of court-issued temporary orders before the final hearing, plus a police-issued emergency order:

The Emergency Protective Order is issued by a law enforcement officer at the scene of a domestic violence call. Officers have access to a judge 24 hours a day, seven days a week for this purpose. An EPO buys time for the petitioner to file a formal TRO petition with the court.

The Temporary Restraining Order is issued by a judge after the petitioner files the Judicial Council forms. The judge reviews the petition without the respondent present (this is called an ex parte hearing). If granted, the TRO is in effect immediately and remains in force until the noticed hearing, which is usually scheduled 21-25 days out to allow the respondent to be served and prepare a response.

The final DVRO is issued after a noticed hearing at which both parties can appear and present evidence. If granted, the final order lasts up to 5 years. The petitioner can return to court before it expires to request a renewal. Under Family Code section 6345, each renewal can extend the order for five or more years, or the court can make the renewal permanent, at its discretion.

Firearms and a California protective order

California has some of the strongest firearms provisions tied to protective orders in the country.

When a DVRO (including a TRO) is served on the respondent, California law under Penal Code section 29825 and Family Code section 6389 (amended effective January 1, 2026) requires the respondent to surrender all firearms and ammunition within 24 hours of service. The respondent must file a receipt with the court within 48 hours confirming that surrender was completed. The respondent is also prohibited from possessing firearms, ammunition, and body armor for the duration of the order.

Surrender can be made to a local law enforcement agency, to a licensed firearms dealer, or in certain cases, to a third party designated by the court. Failure to comply is a separate criminal violation.

In addition to California's state-law requirements, a qualifying final protective order activates the federal firearm prohibition under 18 U.S.C. section 922(g)(8). Any person subject to a qualifying final order (one issued after notice and a hearing that includes a finding of credible threat or an explicit prohibition on harassing, stalking, or threatening conduct) is barred from possessing any firearm or ammunition under federal law, regardless of where in the United States they are located.

What happens if someone violates the order?

Violating a restraining order in California is a crime under Penal Code section 273.6.

A first violation is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both. If the violation results in physical injury to the protected person, it remains a misdemeanor but carries enhanced penalties: a minimum of 30 days in county jail (not less than 48 hours if there are mitigating circumstances), up to one year, and a fine of up to $2,000.

The charge can be elevated to a felony under Penal Code section 273.6(d), but only when the respondent has a subsequent conviction within seven years of a prior violation, and that subsequent violation involves an act of violence or a credible threat of violence. A felony violation is punishable by up to three years in state prison. Bodily injury from a single, first violation does not by itself trigger the felony track.

Law enforcement officers can arrest a person for violating a restraining order based on probable cause, even without a warrant. If someone violates the order against you, call 911 immediately and report it to law enforcement. Keep a copy of your restraining order with you at all times and provide a copy to your local police or sheriff's department so they have it on file. Report each violation, even ones that seem minor, because documented violations can support a renewal or escalation of the order.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

For a broader overview of how restraining orders work across all 50 states, visit our guide: Restraining Order Laws by State.

Related pages on RecordingLaw.com that may be helpful: California Recording Laws (documenting harassment or threats); California Self-Defense Laws (stand your ground and castle doctrine in California).

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