How to Get a Domestic Violence Restraining Order in California
A survivor-focused guide to California’s process for domestic violence restraining orders.
Understanding Domestic Violence Restraining Orders in California
A domestic violence restraining order in California is a legal tool designed to protect survivors from abuse or threats by ordering the abuser to stay away and avoid contact. These orders aim to provide safety and peace of mind by setting clear boundaries and consequences for violations.
Who May Qualify for a Restraining Order?
In California, a range of relationship types may qualify a person for a domestic violence restraining order. This includes not only married partners but also dating partners, individuals who share children, and certain family members such as those related by blood or marriage. The law recognizes the complexity of relationships and focuses on protecting individuals facing domestic abuse.
Where to File and Who Can Help
Survivors typically file for restraining orders at their local court. Many courts provide self-help centers where survivors can access forms, instructions, and support. Additionally, advocates and domestic violence organizations often offer guidance through the filing process and can help survivors understand the options available to them.
Steps to Getting a Restraining Order
- Emergency or Temporary Orders: Survivors may first obtain a short-term order if immediate protection is needed. This emergency order can last several weeks while the full hearing is scheduled.
- Serving the Restrained Person: After filing, the restrained individual must be officially notified of the order and hearing date through a formal process called service.
- Court Hearing for a Longer Order: At the hearing, a judge will review evidence and decide whether to grant a longer-term order, which can last up to several years.
Types of Protections Available
Survivors can request various protections tailored to their safety and needs. Common protections include:
- Move-Out Orders: Requiring the abuser to leave the home.
- No-Contact Provisions: Prohibiting the abuser from calling, texting, or approaching the survivor.
- Child-Related Orders: Arranging custody, visitation, or protecting children from abuse.
- Financial Protections: Addressing support, property use, or access to shared assets.
What to Expect at the Hearing and How to Prepare
At the court hearing, survivors may be asked to present their story, submit documents, and provide any witnesses who can support their case. Bringing any police reports, medical records, or text messages that show abuse can help. The judge will consider all information before deciding on the final order. Hearing dates and procedures can vary, so preparing early and seeking help from court self-help centers or advocates is important.
Stay Informed with Current California Resources
Because laws, forms, and court procedures can change, survivors are encouraged to check recent resources and official California court websites. Reliable information and support can always be found through trusted sources, including dv.support, which offers a network of survivor resources and guidance.