How to Get a Restraining Order in California
Reviewed by DocDraft Legal Team · California · Last updated September 17, 2026
In California, a domestic violence restraining order (DVRO) is a civil court order that directs an abuser to stop the abuse and stay away from you, issued under the Domestic Violence Prevention Act (Cal. Family Code 6200 and following). You seek one when someone you have a close or family relationship with has abused, threatened, stalked, or harassed you. You start by filing a Request for Domestic Violence Restraining Order (Form DV-100) with the superior court in the county where you live, where the person you want protection from lives, or where the abuse happened. There is no filing fee (Cal. Family Code 6222). A judge can grant a temporary restraining order the same day, without the other person present, based on your written statement showing abuse (Cal. Family Code 6300). That temporary order lasts 21 to 25 days, until a court hearing where both sides can appear. At the hearing the judge decides whether to issue a long-term order, which can last up to five years and can be renewed (Cal. Family Code 6345). If you need protection before you can get to court, a police officer can request an Emergency Protective Order that lasts up to seven days (Cal. Family Code 6250 to 6256). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
Find out where you stand in California
Where are you in getting a restraining order?
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How do I get a restraining order in California?
File a Request for Domestic Violence Restraining Order (Form DV-100) with the superior court in your county. There is no filing fee (Cal. Family Code 6222). A judge can grant a temporary order the same day based on your written statement, and a hearing is set within about three weeks for a longer order.
How long does it take to get a restraining order in California?
A judge can issue a temporary restraining order the same day you file, without the other person present, if your DV-100 shows abuse (Cal. Family Code 6300). If you are in immediate danger, police can request an Emergency Protective Order at any hour that lasts up to seven days (Cal. Family Code 6250).
How long does a domestic violence restraining order last in California?
A temporary restraining order lasts 21 to 25 days, until your court hearing. After the hearing, a judge can issue a long-term restraining order that lasts up to five years (Cal. Family Code 6345). You can ask the court to renew it before it expires, either for five more years or permanently, without proving new abuse.
Which court handles restraining orders in California?
You file in the superior court, in the county where you live, where the person you want protection from lives, or where the abuse occurred. The California Courts self-help centers provide the forms and step-by-step guidance for filing a domestic violence restraining order without a lawyer.
California restraining order law at a glance
In California, a domestic violence restraining order protects you from abuse by a spouse, partner, or family member, under the Domestic Violence Prevention Act (Cal. Family Code 6200 and following). You ask for one by filing a Request for Domestic Violence Restraining Order (Form DV-100) with the superior court, and there is no filing fee (Cal. Family Code 6222). A judge can grant a temporary restraining order the same day, without notice to the other person, if your sworn statement shows reasonable proof of abuse (Cal. Family Code 6300). That temporary order lasts 21 to 25 days, until a hearing. If the judge grants a long-term order, it can last up to five years and can be renewed before it expires (Cal. Family Code 6345). Police can also request an Emergency Protective Order lasting up to seven days (Cal. Family Code 6250 to 6256).
Getting a California restraining order after threats from an ex-partner
Suppose your former partner in California has been showing up at your apartment and sending threatening messages. You complete a Request for Domestic Violence Restraining Order (Form DV-100), describing the threats with dates, and file it with the superior court at no cost (Cal. Family Code 6222). The same afternoon, a judge reviews your statement and signs a temporary restraining order because it shows abuse (Cal. Family Code 6300), setting a hearing about three weeks out. A sheriff's deputy serves your ex with the papers for free. At the hearing you bring screenshots of the messages and testify. The judge grants a three-year restraining order ordering no contact and a stay-away distance (Cal. Family Code 6345). You keep a copy of the signed order with you and calendar its expiration to renew before it ends. Attorney review of your petition is available through DocDraft.
Relevant Laws
Cal. Family Code 6300 (temporary ex parte restraining order)
Authorizes a court to issue an ex parte domestic violence restraining order based on an affidavit or testimony showing, to the satisfaction of the court, reasonable proof of a past act or acts of abuse, without notice to the other party.
Cal. Family Code 6222 (no filing fee)
Provides that there is no fee for filing an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a protective order or other order authorized by the Domestic Violence Prevention Act.
Cal. Family Code 6345 (duration and renewal of the order)
Provides that a domestic violence restraining order may have a duration of up to five years and may be renewed, upon the request of a party, either for five additional years or permanently, without a showing of further abuse.
Cal. Family Code 6250-6256 (Emergency Protective Orders)
Authorize a judicial officer to issue an emergency protective order at the request of a law enforcement officer when there is immediate and present danger of domestic violence, and set its expiration at the earlier of the fifth court day or seventh calendar day.
Regional Variances
California restraining order rules at a glance
Order name
Domestic Violence Restraining Order (DVRO), issued under the Domestic Violence Prevention Act (Cal. Family Code 6200 and following). A separate civil harassment restraining order applies to people you are not related to.
Where to file
The superior court, in the county where you live, where the person you want protection from lives, or where the abuse occurred. There is no filing fee (Cal. Family Code 6222).
Emergency and temporary orders
Police can request an Emergency Protective Order lasting up to seven days (Cal. Family Code 6250 to 6256). A judge can issue a temporary restraining order the same day you file, lasting 21 to 25 days until the hearing (Cal. Family Code 6300).
Final order duration
After a hearing, a long-term restraining order can last up to five years and can be renewed for five more years or permanently before it expires (Cal. Family Code 6345).
Main form
Form DV-100, Request for Domestic Violence Restraining Order, filed with DV-109 (notice of hearing) and DV-110 (temporary order). Forms are free through the California Courts self-help site.
Suggested Compliance Checklist
Complete the Request for Domestic Violence Restraining Order (DV-100)
As soon as possible after the abuse days after startingFill out Form DV-100 describing the abuse, your relationship, and specific dates, and prepare the related forms (DV-109 and DV-110). Use the free California Courts self-help forms and a family law facilitator if you need help. Attorney review of your petition is available through DocDraft.
File your forms with the superior court
Same day you finish the forms days after startingFile the DV-100 with the superior court clerk in the county where you live, where the other person lives, or where the abuse occurred. There is no filing fee (Cal. Family Code 6222). Ask the clerk when the judge will decide on your temporary order.
Get and carry the temporary restraining order
Same day the judge signs it days after startingIf the judge grants a temporary restraining order (Cal. Family Code 6300), get the signed DV-110 and keep a copy with you. It lasts 21 to 25 days, until your hearing. Note your hearing date from the DV-109.
Arrange service on the other person
Before the hearing days after startingHave an adult who is not you, or law enforcement at no charge, personally serve the other person with your filed papers, then file the proof of service. Service is required for the judge to grant a long-term order at the hearing.
Attend the court hearing with your evidence
On the hearing date in your DV-109 days after startingGo to the hearing and bring photos, messages, and any witnesses. Both sides can testify. The judge decides whether to issue a long-term order (Cal. Family Code 6340). If you miss the hearing, your temporary order can expire.
Track the expiration and renew if needed
Before the order expires (up to 5 years out) days after startingA long-term order can last up to five years (Cal. Family Code 6345). Calendar the expiration date and file to renew before it ends, either for five more years or permanently. You do not have to prove new abuse to renew.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the Request for Domestic Violence Restraining Order (DV-100) | Fill out Form DV-100 describing the abuse, your relationship, and specific dates, and prepare the related forms (DV-109 and DV-110). Use the free California Courts self-help forms and a family law facilitator if you need help. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File your forms with the superior court | File the DV-100 with the superior court clerk in the county where you live, where the other person lives, or where the abuse occurred. There is no filing fee (Cal. Family Code 6222). Ask the clerk when the judge will decide on your temporary order. | - | Same day you finish the forms |
| Get and carry the temporary restraining order | If the judge grants a temporary restraining order (Cal. Family Code 6300), get the signed DV-110 and keep a copy with you. It lasts 21 to 25 days, until your hearing. Note your hearing date from the DV-109. | - | Same day the judge signs it |
| Arrange service on the other person | Have an adult who is not you, or law enforcement at no charge, personally serve the other person with your filed papers, then file the proof of service. Service is required for the judge to grant a long-term order at the hearing. | - | Before the hearing |
| Attend the court hearing with your evidence | Go to the hearing and bring photos, messages, and any witnesses. Both sides can testify. The judge decides whether to issue a long-term order (Cal. Family Code 6340). If you miss the hearing, your temporary order can expire. | - | On the hearing date in your DV-109 |
| Track the expiration and renew if needed | A long-term order can last up to five years (Cal. Family Code 6345). Calendar the expiration date and file to renew before it ends, either for five more years or permanently. You do not have to prove new abuse to renew. | - | Before the order expires (up to 5 years out) |
Frequently Asked Questions
No. There is no filing fee for a domestic violence restraining order in California. Family Code 6222 states there is no filing fee for an application, responsive pleading, or order to show cause that seeks to obtain, modify, or enforce a protective order. You also cannot be charged for serving the papers.
An Emergency Protective Order (EPO) is a short order a police officer can request at any hour when there is immediate danger of domestic violence, before you file your own case. An EPO expires at the earlier of the fifth court day or the seventh calendar day after it is issued (Cal. Family Code 6250 to 6256).
You can file if the person who abused, threatened, stalked, or harassed you is a spouse or former spouse, a current or former dating or cohabiting partner, a co-parent, or a close relative. A parent or guardian can file for a child. For abuse by someone you are not related to, you would use a civil harassment restraining order instead.
You start with Form DV-100, the Request for Domestic Violence Restraining Order, and file it with related forms including DV-109 (notice of court hearing) and DV-110 (temporary restraining order). The California Courts self-help website and family law facilitators provide the current forms and instructions at no charge.
At the hearing, both you and the other person can attend, present evidence, and testify. The judge decides whether to issue a long-term restraining order and what terms to include, such as no contact and stay-away orders (Cal. Family Code 6340). If the other person was served and does not appear, the judge can still grant the order.
Yes. A long-term domestic violence restraining order can last up to five years, and you can ask the court to renew it before it expires (Cal. Family Code 6345). A renewal can be for another five years or made permanent, and you do not have to prove that new abuse occurred to get it renewed.
Violating a restraining order is a crime in California. Call the police, who can arrest the person, and the court can also hold them in contempt. Keep a copy of your order with you at all times and report every violation. Active orders are entered in a statewide law-enforcement database so any officer can enforce them.
No. California courts are set up for people to request restraining orders on their own, with free forms, self-help centers, and family law facilitators. Many people file without a lawyer, especially for a temporary order. Legal help can be useful if the case is contested or the other person has an attorney.
Other California guides
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