California
California Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 5 primary sources cited on this page. How we verify our legal content
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.
Update, verified September 22, 2026: You do not have to notify the person you are asking to restrain before you file. On September 20, 2026 the Governor signed AB 1657 (Chapter 368, Statutes of 2026), which amends Family Code sections 6300 and 6326 to provide that a court shall not require notice to the party to be restrained in advance of accepting a filing for, or deciding, an ex parte restraining order application, shall not require an explanation or declaration for not providing that notice, and shall not deny the order in whole or in part because the other party was not given notice. The amended sections also provide that a court shall not adopt or maintain any rule, form, or practice inconsistent with those provisions. Existing law already barred denying an ex parte order solely because the other party was not given notice; AB 1657 removes the word solely and extends the bar to denial in whole or in part, and the bars on requiring advance notice or an explanation for not giving it are new. AB 1657 carries no urgency clause, so it takes effect January 1, 2027.
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. That hearing is usually 21 to 25 days out, time enough to get a free case evaluation from a California family lawyer on the texts, photos and witness statements you will present (attorney advertising).
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:
| Order type | Who issues it | Duration |
|---|---|---|
| Emergency Protective Order (EPO) | Law enforcement (judge on call 24/7) | 5-7 days |
| Temporary Restraining Order (TRO) | Superior Court judge (ex parte) | Until hearing, approximately 21-25 days |
| Final DVRO | Superior Court judge (after hearing) | Up to 5 years; each renewal extends 5 or more years, or the court can make it permanent (Family Code section 6345) |
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 owning, possessing, purchasing, or receiving firearms and ammunition 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. AB 1753 (Chapter 458), signed September 26, 2026, also requires officers at a domestic violence scene, or enforcing a domestic violence or gun violence restraining order, to take temporary custody of ammunition in plain sight or found in a lawful search, and lets courts order a firearms database search before hearings on more types of restraining orders; most provisions take effect January 1, 2027 and several January 1, 2028, and current practice applies until then (our explainer).
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. Section 273.6(d) makes that offense punishable by up to one year in county jail, or pursuant to Penal Code section 1170(h), which carries a term of 16 months, two years, or three years. Under realignment, a section 1170(h) term is served in county jail rather than 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).
More California Laws
- California Child Custody Laws
- California Divorce Laws
- California GPS Tracking Laws
- California Self-Defense Laws
Frequently Asked Questions
How do I get a restraining order in California?
File a petition (form DV-100) with the Superior Court in the county where you live, work, or where the abuse occurred. A judge can issue a Temporary Restraining Order the same day or the next business day. A hearing is then scheduled in about 21-25 days, at which the judge decides whether to issue a final DVRO. Court self-help centers and local domestic-violence organizations can assist with the forms at no charge.
How long does a restraining order last in California?
A Temporary Restraining Order lasts approximately 21-25 days until the hearing. A final Domestic Violence Restraining Order lasts up to 5 years and can be renewed before it expires. Under Family Code section 6345, each renewal can extend the order for five or more years, or the court can make it permanent.
How much does a restraining order cost in California?
Filing a Domestic Violence Restraining Order in California is free. Under the federal Violence Against Women Act, courts cannot charge a filing fee or a service fee for domestic-violence protective orders. Filing a Civil Harassment Restraining Order is also free by statute when the petition alleges violence, threats of violence, or stalking. Other civil harassment petitions may carry a fee in some counties, but courts can waive it based on financial hardship.
Can I get a restraining order without a police report?
Yes. A police report is not required to file for a DVRO or a Civil Harassment Restraining Order in California. You file a petition with the court directly and a judge reviews it. Evidence such as text messages, voicemails, photos of injuries, or witness statements can support your petition.
Does a restraining order take away gun rights in California?
Yes. When a DVRO or TRO is served, the respondent must surrender all firearms and ammunition to law enforcement or a licensed dealer within 24 hours and file a receipt with the court within 48 hours. Family Code section 6389 also bars the respondent from owning, possessing, purchasing, or receiving a firearm or ammunition while the order is in effect. A qualifying final order also triggers the federal firearm ban under 18 U.S.C. section 922(g)(8), which applies nationwide.
What happens if the abuser violates the order?
Call 911 immediately. Violating a California restraining order is a misdemeanor under Penal Code section 273.6 (up to 1 year in jail and a $1,000 fine for a first offense; up to 1 year and a $2,000 fine if physical injury results, with a minimum 30 days). A subsequent conviction within 7 years involving an act of violence or credible threat of violence can be elevated to a felony with up to 3 years in county jail under Penal Code section 1170(h). Bodily injury from a single first violation does not by itself trigger a felony charge. Officers can arrest without a warrant on probable cause.
What is the difference between a restraining order and an order of protection?
In California, the terms are often used interchangeably by the public, but the formal name is a Domestic Violence Restraining Order (DVRO). Other states call similar orders an Order of Protection, Protection from Abuse Order, or Civil Protection Order. The underlying legal process is similar: a court orders the respondent to stop contacting or coming near the protected person.
Updates
Corrected two errors: the page wrongly said a restraining order bans the respondent from having body armor (California law restricts only firearms and ammunition), and it wrongly said a felony violation is served in state prison (Penal Code 273.6(d) sentences run in county jail under Penal Code 1170(h)).
Corrected the DVRO renewal-length claim (Family Code 6345 allows renewals of 5-plus years or permanent, at the court's discretion -- the previously cited 15-year figure from AB 2308 applies only to a different, criminal post-conviction order) and fixed the firearm-surrender citation from Code of Civil Procedure 527.9 to the correct Family Code section 6389.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the civil-harassment-order filing-fee claim: CCP 527.6(y)(2)(A) makes filing free by statute (not merely fee-waivable) when the petition alleges violence, threats of violence, or stalking.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Family Code
§ 6300In forcecited in 2 of our articles
(a) An order may be issued under this part to restrain any person for the purpose specified in Section 6220, if an affidavit or testimony and any additional information provided to the court pursuant to Section 6306, shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse. The court may issue an order under this part based solely on the affidavit or testimony of the person requesting the restraining order. (b) An ex parte restraining order issued pursuant to Article 1 (commencing with Section 6320) shall not be denied solely because the other party was not provided with notice. (c) An ex parte request for a protective order, as defined in Section 6218, shall not be rejected for filing by the court clerk if it is submitted on mandatory Judicial Council forms, includes all of the forms required to issue an order, and identifies the party submitting the request and the party who is the subject of the requested order.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 83 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gdowski v. Gdowski (California Court of Appeal 2009, 175 Cal. App. 4th 128)“…oses abuse has occurred in the past. *137 Family Code section 6300, part of the Domestic Violence Preventi…”
- Priscila N. v. Leonardo G. (California Court of Appeal, 5th District 2017, 226 Cal. Rptr. 3d 221)“…s request for an initial restraining order under the DVPA ( Fam. Code, § 6300 et. seq. ) was granted for a term of th…”
- Marriage of M.P. and M.C. (California Court of Appeal 2025)“…testimony of the person requesting the restraining order.” (Fam. Code, § 6300.) Because the DVPA defines abuse and do…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Bars Courts From Requiring Advance Notice Before an Emergency Restraining Order
§ 6345In force
(a) In the discretion of the court, the personal conduct, stay-away, and residence exclusion orders contained in a court order issued after notice and a hearing under this article may have a duration of not more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, either for five or more years, or permanently, at the discretion of the court, without a showing of further abuse since the issuance of the original order. Renewals and subsequent renewals shall be subject to termination, modification, or subsequent renewal by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the orders.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 69 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Priscila N. v. Leonardo G. (California Court of Appeal, 5th District 2017, 226 Cal. Rptr. 3d 221)“…this case, we hold the family court has jurisdiction under Family Code section 6345, subdivision (a) to renew domestic viol…”
- Gordon B. v. Gomez (California Court of Appeal, 5th District 2018, 231 Cal. Rptr. 3d 203)“…in the three months before the expiration of the orders." ( Fam. Code, § 6345, subd. (a).) By their terms, both sta…”
- Garcia v. Escobar (California Court of Appeal, 5th District 2017, 225 Cal. Rptr. 3d 300)“…On appeal, Garcia and amicus curiae persuasively show that Family Code section 6345 -which governs the renewal of a domes…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 6389In force
(a) A person subject to a protective order, as defined in Section 6218, shall not own, possess, purchase, or receive a firearm or ammunition while that protective order is in effect. A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code. (b) On all forms providing notice that a protective order has been requested or granted, the Judicial Council shall include a notice that, upon service of the order, the respondent shall be ordered to relinquish possession or control of any firearms or ammunition and not to purchase or receive or attempt to purchase or receive any firearms or ammunition for a period not to exceed the duration of the restraining order. (c) (1) Upon issuance of a protective order, as defined in Section 6218, the court shall order the respondent to relinquish any firearm or ammunition in the respondent’s immediate possession or control or subject to the respondent’s immediate possession or control.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Superior Court of Los Angeles County (California Court of Appeal 2017, 8 Cal. App. 5th 670)“…seized eventually. This contention is without merit. Family Code section 6389 makes it illegal for a person subject t…”
- Mountain View Police Dept. v. Krepchin (California Court of Appeal 2024)“…citing Nevarez v. Tonna (2014) 227 Cal.App.4th 774, 782.) Family Code section 6389 prohibits an individual subject to a do…”
- S.E. v. Kolstad CA6 (California Court of Appeal 2026)“…th at p. 408.) E. The Firearms Prohibition Under Family Code section 6389 a person subject to domestic violence r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 6200In force
This division may be cited as the Domestic Violence Prevention Act.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 314 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In Re Marriage of Nadkarni (California Court of Appeal 2009, 173 Cal. App. 4th 1483)“…ow cause under the Domestic Violence Protection Act (DVPA) (Fam. Code, § 6200 et seq.) 2 that ordered Da…”
- Herriott v. Herriott (California Court of Appeal, 5th District 2019, 244 Cal. Rptr. 3d 755)“…VRO Against Paul. The Domestic Violence Prevention Act ( Fam. Code, § 6200 et seq. ) (hereinafter DVPA) exists "to…”
- M.A. v. B.F. (California Court of Appeal 2024)“…ng” relationship, but the Domestic Violence Prevention Act (Fam. Code, § 6200 et seq.) (DVPA) does. Under the DVPA, a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
California Code of Civil Procedure
§ 527.6In force
(a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section. (2) An individual need not be a resident of the state to file a petition for an order under this section. A petition for an order as specified in paragraph (1) may be filed in any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to: (A) The county in which the petitioner resides or is temporarily located. (B) The county in which the defendant resides. (C) The county in which the offense occurred. (D) Any other court that may have jurisdiction over the parties or the subject matter of the case. (3) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a temporary restraining order or order after hearing, or both, under this section as provided in Section 374.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 320 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Laabs v. City of Victorville (California Court of Appeal 2008, 163 Cal. App. 4th 1242)“…tr. 447 ] (Ensworth) (discussing Corp. Code, § 25612 and Code Civ. Proc., § 527.6 with the court holding that statute tha…”
- In Re Marriage of Nadkarni (California Court of Appeal 2009, 173 Cal. App. 4th 1483)“…DVPA, section 6320, or the civil harassment statute, Code of Civil Procedure section 527.6, subdivision (b). The parties ap…”
- Schild v. Rubin (California Court of Appeal 1991, 232 Cal. App. 3d 755)“…ute authorizing injunctive relief from willful harassment. (Code Civ. Proc., § 527.6.) 1 Because we find the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
California Penal Code
§ 273.6In force
(a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 77 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- City of Palo Alto v. Service Employees International Union (California Court of Appeal 1999, 91 Cal. Rptr. 2d 500)“…ion 527.8 is a crime. (Code Civ. Proc., § 527.8, subd. (j); Pen. Code, § 273.6.) The City terminated Camm effec…”
- People v. Faber (California Court of Appeal 2017)“…of intentionally and knowingly violating protective orders (Pen. Code, § 273.6, subd. (a)). The evidence at tri…”
- People v. Shivers (California Court of Appeal 2015)“…order and electronically distributing a harassing message (Pen. Code, §§ 273.6, subd. (a), 653.2, subd. (a), respectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 29825In force
(a) A person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so in any jurisdiction by a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, a protective order as defined in Section 6218 of the Family Code, a protective order issued pursuant to Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, subdivision (k) of Section 646.9, Section 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, a protective order issued pursuant to Section 15657.03 of the Welfare and Institutions Code, or by a valid order issued by an out-of-state jurisdiction that is similar or equivalent to a temporary restraining order, injunction, or protective order specified in this subdivision, that includes a prohibition from owning or possessing a firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Leslie CA4/2 (California Court of Appeal 2025)“…r receipt of a firearm while subject to a protective order (Pen. Code, § 29825, subd. (a) (§ 29825(a))) and other offe…”
- Miranda Wallingford v. Robert Bonta (Court of Appeals for the Ninth Circuit 2023, 82 F.4th 797)“…lly, the complaint asks the district court to declare that “California Penal Code sections 29825, 27500, 27540, 30305–30306, and 30370,…”
- (PS)McGee v. Mansfiled (District Court, E.D. California 2022)“…charges had been filed against 10 Bird for violations of Cal. Penal Code §§ 29825(b) and 30305(a)(1) (unlawful possession…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1170In forcecited in 4 of our articles
(a) (1) The Legislature finds and declares that the purpose of sentencing is public safety and to reduce recidivism achieved through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration, the deprivation of liberty satisfies the punishment purpose of sentencing. Therefore, the carceral system should not, except as incidental to justifiable separation or the maintenance of discipline, aggravate the suffering inherent while experiencing imprisonment. The essential purpose of incarceration is rehabilitation and successful community reintegration achieved through education, treatment, and active participation in rehabilitative and restorative justice programs. This purpose is best served by terms that are proportionate to the seriousness of the offense with provision for uniformity in the sentences of people incarcerated for committing the same offense under similar circumstances.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 1,726 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Eric J. (California Supreme Court 1979, 25 Cal. 3d 522)“…e courts shall be required to apply the substantive rule of Penal Code section 1170, subd. (b) providing for the sentencing…”
- Dix v. Superior Court (California Supreme Court 1991, 53 Cal. 3d 442)“…opinion of Justice Baxter. However, I would add a caveat. Penal Code section 1170, subdivision (d), authorizes the trial…”
- The People v. Super. Ct. (California Court of Appeal 2013, 215 Cal. App. 4th 1279)“…tion of the original sentence. Kaulick draws an analogy to Penal Code section 1170, former subdivision (f)(1), which prov…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Age of Consent Laws: Statutes, Penalties and Reporting, California DUI Laws: Penalties, BAC Limit & License (2026), California Pepper Spray and Stun Gun Laws (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- California Family Code sections 6200-6460 (Domestic Violence Prevention Act)(leginfo.legislature.ca.gov).gov
- California Code of Civil Procedure section 527.6 (Civil Harassment Restraining Order)(leginfo.legislature.ca.gov).gov
- California Penal Code section 273.6 (Violation of Protective Order)(leginfo.legislature.ca.gov).gov
- California Courts Self-Help Center, Domestic Violence Restraining Orders(selfhelp.courts.ca.gov).gov
- California Family Code section 6389 (firearm and ammunition prohibition and surrender under a protective order)(leginfo.legislature.ca.gov)
- California Penal Code section 1170(h) (realignment; county jail felony terms of 16 months, two years, or three years)(leginfo.legislature.ca.gov)
- Assembly Bill 1657, Chapter 368, Statutes of 2026, amending Family Code sections 6300 and 6326, chaptered text(leginfo.legislature.ca.gov).gov