How to Get a Restraining Order in California Today
California courts take domestic violence seriously. If you are in danger, a judge can issue an emergency protective order the same day you file — often within hours. You do not need a police report. You do not need a lawyer. You do not need to pay a filing fee. You need to show up, fill out the forms, and tell the judge what happened.
Who qualifies
You can file for a domestic violence restraining order if you have been abused — physically, emotionally, sexually, or financially — by a spouse, partner, co-parent, family member, or someone you live or have lived with. Abuse includes hitting, threatening, stalking, harassing, controlling your access to money or your children, and destroying your property. You do not need to have been physically hurt. Threats and patterns of control qualify.
The forms you need
File DV-100 — Request for Domestic Violence Restraining Order. If you need more space to describe what happened, attach DV-101. If you have children and need custody orders as part of the restraining order, attach DV-105. If you know the restrained person has firearms, attach DV-108. Bring everything to the courthouse the same day.
What happens when you file
The clerk takes your paperwork and gives it to a judge — usually the same day. The judge reviews your DV-100 without the other person present. If the judge finds sufficient grounds, they sign a Temporary Restraining Order (DV-110). That order goes into effect immediately. The other person is then served with the TRO and a notice of the full hearing date (DV-109).
The full hearing
A full hearing is scheduled within 21 days. Both sides appear. The judge hears from both of you and decides whether to make the order permanent — up to five years, renewable. At the hearing, be specific about what happened: dates, what was said, what was done, any injuries or damage. Specificity matters.
If you are in immediate danger
Call 911. Law enforcement can issue an Emergency Protective Order (EPO) on the spot — it takes effect immediately and lasts up to seven days, giving you time to get to the courthouse and file the DV-100. The EPO does not replace the civil restraining order — it just buys time.
Filing fee
Free. There is no filing fee for domestic violence restraining orders in California.
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