How to Get a Domestic Violence Restraining Order in California
A survivor-focused guide to California’s process for domestic violence restraining orders.
Domestic Violence Restraining Orders in California
What Is a Domestic Violence Restraining Order?
A domestic violence restraining order is a legal order issued by a court to help protect someone from abuse or threats by a person they have a close relationship with. It sets rules that the other person must follow to keep the survivor safe.
Who May Qualify for a Restraining Order?
In California, people who have certain personal relationships with the person they want protection from may qualify. These relationships include:
- Spouses or former spouses
- Dating or engagement partners
- People who have a child together, even if they are not partnered
- Close family members such as parents, children, or roommates
Where to File and Getting Help
Most survivors file for a restraining order at their local courthouse. Many courts have self-help centers where people can get free assistance completing the forms. Additionally, advocates and support organizations often provide guidance and information on the process.
Steps in the Restraining Order Process
- Emergency or Temporary Orders: These are short-term orders that can be issued quickly to provide immediate protection.
- Serving the Restrained Person: The person the order is against must be officially notified, usually by a third party.
- Court Hearing for a Longer Order: A hearing is scheduled where both sides can present information, and the judge will decide if a longer-term order is needed.
Types of Protections Available
Survivors can request a variety of protections depending on their needs, such as:
- Ordering the restrained person to move out of a shared home
- No-contact orders to prevent any form of communication
- Child custody and visitation rules related to safety
- Financial protections like preventing the restrained person from taking shared property
What to Expect at the Court Hearing
At the hearing, survivors can present documents and witnesses to support their case. It’s helpful to bring any evidence such as police reports or medical records. The judge will listen to both sides before making a decision, which usually happens within a set timeline.
Procedures and forms related to restraining orders may change over time. It is important to check updated California court resources or consult with a support organization for current information.
Additional support options can be found through resources listed at DV.Support.