How To Get A Restraining Order In California

A California restraining order (also a protective or civil no-contact order) is a type of judicial writ issued to limit or restrict an individual's access or proximity to another person. California courts issue restraining orders as a preventive civil remedy when there is proven risk of harm or intimidation that the state's statute may define as abuse, harassment, or unlawful violence. They may also be issued when safety concerns arise or as part of safety planning in especially precarious situations. The provisions for these definitions are outlined in the California Family Code § 6203, Code of Civil Procedure §§ 527.6 and 527.8, as well as Welfare & Institutions Code § 15657.03.

Once granted, a restraining order typically becomes part of California civil court records, meaning it is docketed in the Superior Court's case-management system alongside other filings in the matter.

Types of Restraining Orders in California

California law provides for various restraining orders which generally apply to specific situations:

• Domestic Violence Restraining Orders (DVRO) are issued for protection against abuse by someone with whom the victim has a close relationship (such as a spouse, former intimate partner, co-parent, or close family member).
• Civil Harassment Restraining Orders (CHRO) apply to situations where there is harassment, threats or stalking by someone with whom the victim does not have a familial relationship. They are primarily used when the abuse does not fall under domestic violence laws.
• Elder or Dependent Adult Abuse Restraining Orders are issued for the protection of a person age 65 or older or a dependent adult subjected to abuse or neglect.
• Workplace Violence Restraining Orders are obtained to protect an employee from unlawful violence or credible threats of violence at the workplace.

According to California Penal Code § 273.6, violating these orders is considered an offense punishable by up to one year in jail and a fine. Most restraining orders also prohibit the restrained person from owning or purchasing firearms for the duration of the order, with firearm violations carrying separate criminal charges and penalties.

Are Restraining Orders Public Records In California?

Yes. In California, restraining orders are generally part of the public court record. They are typically filed with the court and entered into its record system, so anyone can request to view the case file at the courthouse (unless a judge has explicitly sealed the record).

However, while the existence of a restraining order is public, specific personal details in the filings may be kept confidential. For example, California law allows or requires the redaction of sensitive information such as home addresses, telephone numbers, and the identities of minor children in some cases. Generally, only in very sensitive situations (e.g., certain juvenile cases) are restraining order records confidential; standard civil restraining order cases cannot be entirely sealed or expunged as criminal records might be.

How To Lookup Restraining Orders In California

Some options for looking up restraining orders in California include:

• In-person courthouse search – Each of California's 58 superior courts keeps its own case files. Unless sealed by law, the public may inspect a restraining order file at the clerk's counter and purchase certified copies.
• County online indexes—Many courts (e.g., San Francisco or Orange County) provide searchable civil case portals that reveal case numbers, party names, and hearing dates.
• Law-enforcement databases (CLETS / CARPOS)
• The parties, serving agencies, and third-party sites

Can You Lookup Restraining Orders Online?

Yes. Many California superior courts provide online case information portals or indexes, but remote access for the general public is limited for specific case categories. For instance, in family law cases and civil harassment cases, courts typically make only the register of actions, case number, and basic case information available online – the actual filings and detailed documents are not viewable remotely by the public.

It is worth noting that there is no single statewide public database that allows a member of the public to search for the existence of restraining orders in California by name. Public access is generally on a county-by-county basis via court records. The primary digital system that contains restraining order data is the California Law Enforcement Telecommunications System (CLETS), which includes the California Restraining and Protective Order System (CARPOS) used by law enforcement. CLETS/CARPOS is updated whenever a restraining order is issued, modified, or terminated – courts are required to transmit the order information to the California Department of Justice, which makes it available to all police agencies statewide. However, CLETS is law-enforcement-only: the general public cannot access it, and even the parties involved cannot directly query it (though a protected person can ask the police to confirm their order is in the system).

For public digital lookup, individuals must rely on county court websites or third-party background check services. Many county courts offer online case search portals; for example, some use a system called Odyssey or have a searchable case index. Using these tools often requires knowing the party names or case numbers and selecting the correct case type (civil, family, etc.). Even then, as noted, the information returned might be limited to case status and dates. The California Courts' online Self-Help Center directs users to "Find my Court", meaning one should identify the specific county court and check if it provides an online case access system for restraining orders. In addition, some courts allow e-filing and electronic access for the parties, which can expedite obtaining copies of orders.

It's also possible for involved parties to obtain copies of restraining orders through law enforcement agencies that served the order. For instance, if a sheriff's deputy served a civil harassment order, they are likely to have a copy on file.

How To File A Restraining Order In California

Interested and eligible persons may file a California restraining order in the following steps:

• Step 1: Identify the Type & Complete Forms

Petitioners may begin the process by determining which type of restraining order applies to their situation. They may then fill out the correct Judicial Council forms or required paperwork for that type (e.g., Form DV-100 for domestic violence, CH-100 for civil harassment, WV-100 for workplace violence, and EA-100 for elder abuse).

• Step 2: File at Superior Court

Take the required forms to the county's Superior Court (clerk's office). The court clerk may process the paperwork and provide a hearing date (usually within 21 days). They may also request a Temporary Restraining Order (TRO) for immediate protection until the final hearing.

• Step 3: Serve the Papers

Have a neutral adult (18 or older) personally serve the filed papers to the restrained person on your behalf. The server fills out a Proof of Service form (e.g., Form DV-200) filed with the court.

• Step 4: Attend the Hearing

Go to the court hearing. Both sides can present evidence. The judge will decide whether to issue a long-term restraining order (lasting up to five years). They may also decide the terms for child support and visitation where applicable and may issue an order unique to where the respondent resides and their household member.

Can You File A Restraining Order For No Reason in California?

No. California courts issue restraining orders only when statutory proof exists. The Domestic Violence Prevention Act permits protection solely on "reasonable proof of a past act of abuse" (Family Code § 6300). Civil harassment injunctions likewise demand evidence of harassment or credible threats of violence (Code Civ. Proc. § 527.6). Petitions lacking such facts are denied.

What Proof Do You Need For A Restraining Order In California?

To obtain a restraining order, the person seeking protection (the petitioner) is generally required to provide evidence of the abuse or threats that justify the order. The proof necessary differs slightly between getting a temporary order and obtaining a long-term order. Still, the overall burden of proof in California civil courts is lower than in criminal cases. In some specific contexts (such as gun violence restraining orders under Penal Code § 18175), a higher standard of clear and convincing evidence is required.

Proof Required For Temporary Protective Orders

California courts generally grant temporary or emergency restraining orders based solely on the applicant's sworn allegations as long as those allegations show reasonable proof of abuse or harassment and a risk of imminent harm.

Proof Required For A Permanent Restraining Order

In this case, the petitioner will be required to prove the allegations at the hearing to the judge (since the respondent will have a chance to contest them). This process is still much less formal than a criminal trial, but both sides can present testimony, documents, and other evidence. The types of proof that are commonly used include:

• Witness testimony (from the victim or other witnesses who saw or heard abuse)
• Photos of injuries or property damage
• threatening messages (texts, emails, social media posts, voicemails),
• police report or 911 call records
• Medical records, if applicable.

How Long Does It Take To Get A Restraining Order In California?

The length of time it takes to get a restraining order varies with the type and the circumstances surrounding the petition. However, a California court can act very quickly once a petition is filed:

• Emergency Protective Order (EPO) — A police officer can reach an on-call judge at any hour; the order is issued immediately.
• Temporary Restraining Order (TRO) —State law requires the judge to grant or deny the ex-parte request the same day it is submitted; many clerks release signed orders that afternoon or the next business morning.
• Restraining Order After Hearing — If the judge rules in favor of protection at that hearing, the long-term order is signed that day.

How Long Does A Restraining Order Last in California?

The expiration of California restraining orders also varies:

• An Emergency and Temporary Order only lasts 5 to 7 days.
• A Temporary Restraining Order (TRO) is generally in effect for 2–3weeks
• Hearing and "Permanent" Orders: Despite sometimes being called "permanent", these orders are of limited duration. A Domestic Violence Restraining Order and a Civil Harassment Restraining Order generally last up to 5 years. However, if the judge does not set a termination date, the order automatically expires three years from issuance by default. Once a restraining order reaches its expiration date, it is no longer enforceable (unless renewed or extended by the court).

How Much Does A Restraining Order Cost?

The cost of filing for a restraining order in California depends on the type of order and the circumstances. However, the California legislature has mostly eliminated filing fees for restraining orders in cases involving violence or threats to ensure victims are not deterred by the cost. Hence, DVRO and Elder Abuse Restraining orders have no court filing fee per Family Code § 6222 and Welf. & Inst. Code § 15657.03.

Similarly, if a Civil harassment petition alleges violence, stalking, or a credible threat of violence, then no filing fee is charged under CCP § 527.6. However, suppose the civil harassment petition does not allege any violence or credible threats and is solely about non-violent harassment (e.g., repeated annoying phone calls or minor harassment). In that case, a filing fee is required unless waived due to low income. The fee is the same as the usual civil first appearance fee, roughly $435–$450 in most courts. If the petitioner cannot afford it, they can request a fee waiver (by filing form FW-001), and the court may waive the fee based on income.

Can You Cancel A Restraining Order in California?

Yes. However, once a restraining order is issued, it can only be changed or ended by the court – the parties themselves cannot privately ignore or alter it.

Either party may file a request to modify or dissolve the order in the following steps:

• Filing: Petitioners may begin by filing a motion with the court. In family law (domestic violence cases), this is done by filing a Request for Order (Form FL-300) along with an attachment explaining the reason for the petition. There is also an information form, DV-400-INFO "How to Ask Change or End a DV Restraining Order", that provides guidance. For civil harassment, elder abuse, or workplace orders, a similar motion or application must be filed (courts may use generic forms or local forms for those).
• Service and Notice: After filing, the requesting party must serve the other party with a copy of the request and a notice of the hearing on the modification. The court will set a hearing date for the modification request.
• Court Hearing and Decision: At the hearing, the judge will consider whether there is a good reason to change or terminate the order.
• Notice to Law Enforcement: If an order is modified or ended, the court will update law enforcement (CLETS) similarly to when it was issued. The same dissemination happens – the updated order or termination is sent to the DOJ and to the local police so that officers on the street know the order's status.