Restraining Orders in California — How to Get One and What It Covers

A restraining order is a court order that prohibits one person from contacting, harassing, threatening, stalking, or coming within a specified distance of another person. In California family law, restraining orders are most commonly sought in connection with domestic violence, divorce, or custody disputes. Understanding how to obtain a restraining order, what types exist, and how they interact with custody proceedings is essential for anyone experiencing domestic violence or threats in a family law context.

What Is a Restraining Order?

California law recognizes several types of restraining orders, each with distinct requirements and scope. A domestic violence restraining order — commonly referred to as a DVRO — is the most frequently sought in family court. A DVRO can prohibit the restrained person from contacting the protected person, require them to move out of a shared residence, award temporary custody of children, and restrict the restrained person's access to firearms. A civil harassment restraining order addresses abuse by someone who is not in a close personal relationship with the petitioner — neighbors, coworkers, or acquaintances. An elder or dependent adult abuse restraining order protects people 65 and older or dependent adults from abuse or neglect.

How to Get a Restraining Order in California

How can I obtain a restraining order is the most urgent question people in dangerous situations ask. The process begins at the courthouse. In family law matters, you file a request for a domestic violence restraining order using Judicial Council form DV-100. The court can issue a temporary restraining order — called an emergency protective order or temporary restraining order — the same day you file, without the other party being present, if you demonstrate that you or your children face immediate danger. A hearing is then scheduled, usually within 21 days, at which both parties can appear and present evidence. If the court finds that abuse occurred or there is a sufficient showing of need, it can issue a permanent restraining order — properly called a restraining order after hearing — lasting up to five years and renewable.

What Evidence Is Needed for a Restraining Order?

Courts consider all evidence of abuse when evaluating a restraining order request. Physical evidence includes photographs of injuries, damaged property, or threatening messages. Documentary evidence includes text messages, emails, voicemails, and social media posts. Witness testimony from people who observed the abuse or its aftermath is also considered. Medical records documenting injuries, police reports, and prior restraining orders all strengthen a petition. California law defines abuse broadly — it includes physical violence, sexual assault, threats, stalking, harassment, disturbing the peace, and destruction of property. You do not need to have been physically struck to obtain a DVRO; conduct that places you in reasonable apprehension of imminent serious bodily injury qualifies.

Domestic Violence Restraining Orders and Child Custody

A DVRO has direct implications for child custody. Under Family Code § 3044, if a court finds that a parent has perpetrated domestic violence against the other parent or a child within the past five years, there is a rebuttable presumption that awarding sole or joint custody to the abusive parent is detrimental to the child. The restrained parent bears the burden of rebutting this presumption. A temporary restraining order in a divorce or custody proceeding can include an order granting temporary custody to the protected parent and restricting or suspending the restrained parent's visitation rights pending a full hearing. The interaction between a domestic violence restraining order and a custody order is complex, and the terms must be carefully coordinated so they do not conflict.

No Contact Orders in California

A no contact order is a type of restraining order that prohibits all contact between the restrained person and the protected person — no phone calls, no texts, no emails, no third-party contact, and no presence within a specified distance. No contact orders are commonly issued as conditions of criminal probation following a domestic violence arrest, in addition to civil DVROs issued by family court. The two systems operate independently — a criminal court no contact order and a family court DVRO can coexist, and violation of either carries separate consequences. Violating a restraining order is a misdemeanor under Penal Code § 273.6, punishable by up to one year in county jail and a fine of up to $1,000, with enhanced penalties for subsequent violations.

Emergency Protective Orders

An emergency protective order — EPO — is issued by law enforcement officers at the scene of a domestic violence incident when they believe the victim or household member is in immediate danger. An EPO takes effect immediately and lasts up to seven days, giving the victim time to go to court and request a temporary restraining order. Law enforcement is required to offer an EPO to domestic violence victims when responding to calls. The EPO is transmitted to the court and entered into the California Restraining and Protective Order System so all law enforcement agencies can access it.

Restraining Orders in Divorce Proceedings

Domestic violence does not have to be present for restraining orders to arise in divorce. When a divorce petition is filed in California, Automatic Temporary Restraining Orders — ATROs — immediately go into effect. ATROs are mutual — they bind both spouses equally from the date of service. They prohibit transferring, concealing, or disposing of property; removing children from California without court permission or the other spouse's consent; canceling insurance; and making changes to beneficiary designations. ATROs remain in effect throughout the divorce proceeding. They are different from domestic violence restraining orders — ATROs are financial and parenting protective orders, not personal safety orders, and they do not require any allegation of abuse.

Restraining Order Attorney in Orange County and Riverside County

Whether you are seeking a restraining order for protection or have been served with one, the stakes are significant. A restraining order attorney can help you gather and present evidence effectively, understand how a DVRO interacts with your custody case, and navigate the court process under emergency conditions. Furubotten Law, APC represents clients in domestic violence restraining order proceedings, DVRO hearings, and related custody matters throughout Orange County and Riverside County. Call (714) 795-3862 to schedule a complimentary initial case evaluation.

What Is a Restraining Order in California — Types and Procedures

Whats a restraining order in California? It is a court order that prohibits a person from contacting, harassing, threatening, stalking, or coming within a specified distance of the protected person. California has several types: a domestic violence restraining order (DVRO) for people in close domestic relationships (spouses, former spouses, dating partners, cohabitants, and certain relatives); a civil harassment restraining order for people outside of domestic relationships (neighbors, coworkers, acquaintances); an elder or dependent adult abuse restraining order; and a workplace violence restraining order. What restraining order applies to your situation depends on your relationship with the person you need protection from.

A civil restraining order — specifically a civil harassment restraining order under Code of Civil Procedure section 527.6 — is available when someone who is not in a close domestic relationship has engaged in a course of conduct that seriously alarms, annoys, or harasses you and serves no legitimate purpose. Whats a restraining order process like in California? For a DVRO, you can file the same day at your courthouse's family law clerk's office. A judge can issue a temporary emergency protective order (EPO) by phone at any hour of the day or night through law enforcement. A temporary restraining order (TRO) is then issued ex parte (without the other party present) and typically lasts 20-25 days. A permanent restraining order can be issued after a hearing where both parties appear, and lasts up to five years, renewable.

What restraining order should you seek in a California divorce involving domestic violence? A DVRO is separate from and in addition to your divorce case — it is filed in the family law division and handled on an expedited basis. A finding of domestic violence in connection with a DVRO has direct consequences for custody: Family Code section 3044 creates a rebuttable presumption against awarding sole or joint physical or legal custody to a parent who has perpetrated domestic violence within the prior five years.

Does a restraining order go on your record in California? A DVRO is a civil court order and appears on civil court records, which are generally public. It does not appear on a criminal record unless there is a related criminal proceeding. How long does a restraining order stay on your record? A civil DVRO is a permanent court record, though the restraining order itself expires after five years unless renewed. Does a restraining order go on your record for employment purposes? A civil restraining order may appear in civil court background checks, depending on the employer's screening practices. No contact order vs restraining order — what is the difference? A criminal no-contact order is issued in a criminal case and is enforced through the criminal justice system; a civil restraining order is issued in a civil or family law court proceeding. How to get a restraining order in California — you file a request at the family law clerk's office and a temporary order can be issued the same day. Where to get a restraining order? At your local Superior Court family law division. Obtaining a restraining order in California does not require a prior police report, though a police report can support your petition. California restraining order procedures are available from the California Courts' online self-help center.

Restraining Orders — More Questions Answered

How to file a restraining order in california: complete the DV-100 (Request for Domestic Violence Restraining Order) and any applicable child custody orders, file at the family law clerk's office, and a judge can issue a temporary restraining order (TRO) the same day. How to file a restraining order in california for civil harassment (not domestic violence): complete CH-100 (Request for Civil Harassment Restraining Order) and file at the courthouse. Where to get a restraining order? Any California Superior Court clerk's office in the county where you live, the abuser lives, or where the abuse occurred. Obtaining a restraining order in California does not require a police report or prior criminal case. No contact order vs restraining order — what is the difference? A criminal no-contact order is issued as a condition of probation or in a criminal case; a civil restraining order is issued in family law or civil proceedings. Both prohibit contact but are enforced through different systems. How long does a restraining order stay on your record? A DVRO is a permanent civil court record, though the order itself expires after up to five years (renewable). Does a restraining order go on your record for employers? Civil court records may be visible in civil background checks depending on the employer's screening practices. California restraining order enforcement: violation of a DVRO is a crime under Penal Code section 273.6 — the violating party can be arrested and prosecuted criminally in addition to civil contempt proceedings. How to terminate parental rights of an abuser: a DVRO finding may be used as evidence in a subsequent termination of parental rights proceeding, but a separate proceeding with its own statutory grounds is required.