Domestic Violence

How to File for a Domestic Violence Restraining Order in California

A step by step guide to obtaining protection through the California courts

If you are in danger from a current or former partner, California law provides a mechanism for obtaining immediate protection. The domestic violence restraining order process is designed to move quickly, and in many cases, you can get temporary protection within 24 hours of filing. But the process involves specific forms, specific deadlines, and specific legal standards. Getting it wrong can mean a delay in protection or a denial of your request. At Hayat Family Law, we help clients in Sherman Oaks and Glendale navigate the DVRO process from the initial filing through the permanent order hearing. This article explains who qualifies, what counts as abuse, and how the process works from start to finish.

Who Qualifies for a DVRO: Relationship Requirements

Not every conflict between two people qualifies for a domestic violence restraining order. Under Family Code section 6200 et seq., a DVRO is available only when there is a specific relationship between the parties. The protected person and the restrained person must be one of the following: current or former spouses, current or former cohabitants, persons who are dating or have dated, persons who have a child together, or close family members such as parents, children, siblings, grandparents, or in laws.

If the person threatening you does not fall into one of these categories, a DVRO is not the right tool. You may still be able to obtain a civil harassment restraining order, which has different requirements and different protections. The key distinction is the relationship. The legislature intended DVROs to address violence within intimate or familial relationships, where the dynamics of power and control are different from conflicts between strangers or casual acquaintances.

What Counts as Abuse Under California Law

Family Code section 6203 defines abuse broadly. It includes intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury, and engaging in behavior that could be enjoined under Section 6320, which includes molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, destroying personal property, contacting by mail or otherwise, disturbing the peace of the other party, and coercive control.

Coercive control is a relatively recent addition to California law and it deserves special attention. It refers to a pattern of behavior that unreasonably interferes with a persons free will and personal liberty. Examples include isolating the victim from friends and family, controlling access to money, monitoring the victims movements, and threatening to harm the victim, the children, or pets. Coercive control does not require physical violence. Emotional and psychological abuse can be enough to support a DVRO if it meets the statutory definition.

The Three Stages: EPO, TRO, and Permanent Order

The DVRO process in California operates in three stages, each with different procedures and different durations.

How to File: Forms and Courthouse Process

To request a DVRO, you must complete several Judicial Council forms. The primary form is DV 100, the Request for Domestic Violence Restraining Order. This is where you describe the abuse, identify the person you need protection from, and check the boxes for the specific orders you want. You should attach a detailed declaration with specific dates, times, locations, and descriptions of each incident of abuse. Attach any evidence you have, such as photos, medical records, police reports, or threatening messages, as numbered exhibits.

You will also need to complete DV 109 (Notice of Court Hearing), DV 110 (Temporary Restraining Order), and CLETS 001 (Confidential CLETS Information). The CLETS form contains identifying information about the restrained person so the order can be entered into the California Law Enforcement Telecommunications System. This form is confidential and is not given to the other party.

There is no filing fee for a DVRO. California law specifically eliminated this barrier so that financial circumstances never prevent someone from seeking protection. You can file at any courthouse in the county where you live, where the abuse occurred, or where the restrained person lives. After filing, a judge reviews your paperwork, typically the same day or the next business day, and decides whether to grant the TRO.

Important: You cannot serve the papers yourself. Someone over age 18 who is not a party to the case must personally serve the restrained person with copies of the DV 100, DV 110, and DV 109. After service, the server must complete form DV 250 (Proof of Service) and file it with the court before the hearing.

What Happens at the Restraining Order Hearing

The court schedules a hearing within 21 to 25 days of the TRO being granted. Both parties can attend, testify, and present evidence. The burden of proof is preponderance of the evidence, meaning the judge must find that it is more likely than not that the abuse occurred.

At the hearing, you should bring all your evidence, including witnesses if available. The restrained person can cross examine you and present their own evidence. The judge will consider the credibility of both parties, the consistency of the evidence, and the severity of the abuse. If the judge finds sufficient evidence, they will issue a Restraining Order After Hearing on form DV 130, which can last up to five years.

What a DVRO Can Include: Stay Away, Move Out, Custody, Firearms

A DVRO can include a wide range of protective orders. The stay away order requires the restrained person to stay a certain distance from you, your home, your workplace, and your childrens school. The move out order requires the restrained person to move out of the shared residence, even if their name is on the lease or deed. The no contact order prohibits the restrained person from calling, texting, emailing, or contacting you through social media.

If you have children together, the DVRO can include temporary custody and visitation orders. Under Family Code section 3044, a finding of domestic violence creates a rebuttable presumption that custody should not be awarded to the abusive parent. The court may order supervised visitation or no visitation at all, depending on the severity of the abuse and the risk to the children.

Under Family Code section 6389, a person subject to a DVRO is prohibited from owning, possessing, purchasing, or receiving firearms and ammunition. They must relinquish any firearms they currently own to law enforcement or a licensed gun dealer within 24 hours of being served with the order. Violation of this provision is a separate criminal offense.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.