Understanding how to file a restraining order in California is an important step when court protection may be needed for safety or legal boundaries. The process involves specific forms, strict deadlines, and procedural requirements that vary depending on the type of restraining order requested. Knowing what to expect can help individuals prepare for filing, service, and the required court hearing.
The expedited nature of restraining order cases and the specific procedures that must be followed demand a focus on precision in filing, careful organization of evidence, and adherence to court rules so that the matter can be presented as clearly as possible to the judge, which is why working with an experienced Orange County restraining order lawyer can be critical.
Identify Which Restraining Order Fits Your Situation
The California legal system offers different restraining order tracks that vary according to the relationship between the parties involved and the nature of the misconduct. A domestic violence restraining order, or DVRO, is usually based on a qualifying relationship between the parties under the Domestic Violence Prevention Act.
A civil harassment restraining order is typically used when the parties lack a domestic relationship that qualifies for a DVRO, as in neighbor, coworker, or acquaintance disputes. It is important to file the correct type of order from the beginning, as each order has a different procedure and different court forms.
DVRO – Civil Harassment Quick Guide
- DVRO: Family or household members, or certain other intimate partners
- Civil Harassment: Non-domestic relationships
Complete the Required Court Forms
The court forms needed vary based on the type of restraining order being sought. The request form for domestic violence restraining orders includes questions about the relationship between the parties, the alleged conduct, and the type of protection requested.
After the forms are filed, a judge reviews the request and may issue temporary protection prior to the hearing. Forms that are commonly part of a DVRO packet can include:
- DV-100: Request for Domestic Violence Restraining Order
- DV-109: Notice of Court Hearing
- DV-110: Temporary Restraining Order, if issued
File With the Court and Get the Judge’s Initial Decision
After the papers are filled out, they are filed with the clerk of the superior court. The request is sent to a judge to review. A judge can issue or deny temporary restraining orders without a hearing based solely on the written request.
The clerk normally gives you a date and time to return to the court to pick up the court papers that have been signed and to find out about the date for the hearing. This first review of the request is made prior to the restrained person being made aware of the case.
Serve the Other Side and Prepare for the Hearing
After filing, you must formally serve the request for a restraining order on the person you want to restrain. Service must be made in accordance with the court’s rules and before the hearing. At the hearing, the parties may give testimony and present documents and witnesses. The judge may issue a long-term domestic violence restraining order that can last up to five years. Preparation for the hearing often involves:
- Preparing written declarations and exhibits
- Preparing witnesses, if any
- Filing evidence in accordance with local court rules
FAQs About How to File a Restraining Order in California
How Common Are Restraining Order Requests in California?
Restraining order requests are fairly common in California courts. Statewide, law enforcement agencies receive over 18 domestic violence-related calls per hour. Not all of these calls result in a court filing, but this level of frequency demonstrates how often safety concerns cause people to seek legal relief. For this reason, restraining order matters are handled on an expedited schedule in California courts.
Do You Need Evidence Before Filing a Restraining Order?
No, you do not need evidence before filing a retraining order, but you do need to make a sworn statement in your request. You don’t need to provide messages, photos, or witness statements when you file, but your request for a restraining order needs to include a sworn declaration explaining what happened and why you need protection. Judges weigh credibility and detail when deciding whether to grant temporary or long-term orders.
Can Someone File a Restraining Order Without a Lawyer?
While California courts allow people to file their own restraining order requests and staff court self-help centers to assist with form-filling, it is highly discouraged by legal professionals. This process involves legal standards, deadlines, and evidentiary rules, and some people consult with an attorney for help preparing declarations and organizing evidence or responding to contested hearings.
How Long Do Restraining Orders Last?
Typically, temporary orders are only in place until the court hearing. A long-term order handed down by the judge at that hearing can last for years. The precise length is based on the type of restraining order and what the court finds at the hearing. When you hire a domestic violence lawyer, they can help you navigate this process efficiently.
Why Does the Court Hear Domestic Violence Claims Without Evidence of Injury?
Physical harm is not the only form of abuse that courts recognize. According to federal public health data, more than 61 million women and 53 million men in the United States have experienced psychological abuse by an intimate partner in their lifetime. Emotional abuse, threats, and other coercive tactics can often foreshadow or lead to more physical violence, so the court considers the overall context when determining whether protection is necessary.
Hire a Domestic Violence Lawyer
Restraining orders are more complicated in California than simply filling out paperwork. Each step in the process is a legal proceeding, from the choice of the type of restraining order to the information you present at a hearing. By understanding the restraining order process in California, you may be able to present the required information to the court without unnecessary procedural problems.
Quinn & Dworakowski, LLP is a family law firm based in Orange County. We handle restraining order cases as well as the family court issues that arise along with them, including domestic violence hearings. Schedule a consultation with our experienced team at Quinn & Dworakowski, LLP to get started today.
