What Proof Do You Need for a Restraining Order in California?

A restraining order is a court order that prevents an individual from contacting or coming close to the individual protected by the order. These court orders are often issued in response to domestic violence or civil harassment, but what proof do you need for a restraining order in California? The answer depends on the details of your situation and what type of restraining order you need.

Types of Restraining Orders in California

California courts issue several types of restraining orders, and the proof required depends on which type you are seeking.

• Domestic Violence Restraining Order (DVRO). DVROs apply when you and the restrained person share a qualifying relationship, such as a current or former spouse, dating partner, cohabitant, or co-parent. The standard of proof for a final DVRO is preponderance of the evidence.
• Civil Harassment Restraining Order (CHRO). CHROs apply to neighbors, coworkers, acquaintances, and others outside a domestic relationship. They require clear and convincing evidence.
• Emergency Protective Order (EPO). EPOs are usually requested by law enforcement at the scene of an incident. Once issued by a judge, they are effective immediately and last up to 7 days. This allows a DVRO or other appropriate petition to be filed within that window.
• Temporary Restraining Order (TRO). TROs are issued ex parte (without the other party present) on the same day or next court day, based on reasonable proof. A hearing on whether to make the order permanent must be held within 21 days.

What Proof Do You Need For a Restraining Order in California?

A restraining order is a court order that restricts an individual from certain behaviors. For example, a domestic violence restraining order may require that the individual stay away from the victim and prohibit them from contacting them. The subject of the order may be restricted from coming near the victim’s home, workplace, or their child’s school or daycare center.

If you believe you need a restraining order, some of the most important evidence you will need to secure the order and ensure it is made permanent by the court will be:

• Police reports. If there was any type of police involvement between you and the individual you want to be subjected to the restraining order, copies of these reports are invaluable pieces of evidence for your case.
• Witness testimony. If anyone can provide accounts of what they have seen or heard in support of your case, their statements can be powerful evidence for securing a restraining order. It is important to have an attorney obtain witness statements for you as quickly as possible after the incident to ensure reliability and accuracy.
• Digital communication records. Text messages, voicemails, and emails from the intended subject of the order may be valuable for proving the truth of their behaviors. For example, if you have received threatening text messages or emails, these records can be invaluable for proving that you have a legitimate reason to fear for your safety.
• Photos and video evidence. If available, these forms of evidence can be especially valuable for obtaining a restraining order. If you need to prove that you were harassed, abused, or assaulted, and there is any type of photo or video evidence, it could be some of the most pivotal evidence for your case.
• Medical records. If you suffered any type of physical harm or abuse, records of the medical treatment you received will be important to your case. You will also need these records if you intend to pursue compensation for medical bills and other damages with a civil suit.
• Criminal records. The subject of your order’s criminal history can be used to support your claim. If they have a history of domestic violence or similar behavior, it can help the court make its decision when it comes to approving your restraining order.

How Digital Evidence Can Help in a Restraining Order Case

Courts have become increasingly receptive to digital evidence in restraining order cases. If you are documenting a pattern of harassing or controlling behavior, the following types of digital evidence can be particularly effective:

• Screenshots of threatening or harassing text messages, emails, or direct messages (including deleted messages recovered from cloud backups)
• Call logs showing repeated unwanted contact
• Social media posts or messages targeting you
• Location-tracking or surveillance data from shared accounts, smart home devices, or vehicle GPS
• Logs from co-parenting apps such as TalkingParents or OurFamilyWizard showing harassing communications

California law specifically recognizes that coercive control can be carried out through internet-connected devices. Effective January 1, 2026, Senate Bill 50 amended Family Code section 6320 to explicitly include internet-connected devices which could include surveillance through smart home systems, vehicles, and wearables as a basis for a restraining order. If someone has been monitoring your movements or accessing your accounts without permission, that is now expressly recognized as a ground for a DVRO.

The aftermath of any type of domestic violence or an incident of civil harassment can be distressing and traumatic. If you and your family need protection that a restraining order can provide, knowing what proof you need for a restraining order in California is crucial, but you should also know the value of having experienced legal counsel on your side.

The attorneys at Quinn & Dworakowski, LLP, have more than 40 years of combined experience helping California clients navigate the family court system for all types of cases, and we have helped past clients secure domestic violence restraining orders and civil harassment restraining orders. If you need protection, our firm can help you secure it, so reach out to us as quickly as possible to learn how we can help.

Ready to protect yourself and your family? Call Quinn & Dworakowski, LLP at (949) 660-1400 or schedule a consultation online.

FAQs

Can a Family Law Attorney Help Me With a Restraining Order?

Yes. A family law attorney may be a critical ally when you need a restraining order.

If you are seeking protection, an attorney may help you gather and organize evidence, draft a compelling declaration, and file the correct paperwork with the court. California courts issue restraining orders under different statutes depending on your relationship with the other party, and choosing the wrong form or missing a deadline can delay your protection. An attorney ensures nothing falls through the cracks.

Restraining orders in family law cases rarely exist in isolation. A domestic violence restraining order can directly affect child custody. It can also influence spousal support, your right to remain in the family home, and the overall trajectory of a divorce. An attorney who handles both restraining orders and family law matters can protect your interests across all of these fronts at once.

What Is the Burden of Proof for a Restraining Order in California?

The burden of proof depends on the type of restraining order. For a domestic violence restraining order (DVRO), the standard is a preponderance of the evidence — meaning the evidence is more likely true than not (above 50%). For a civil harassment restraining order under Code of Civil Procedure section 527.6, the standard is higher: clear and convincing evidence, requiring a strong showing that harassment is highly probable. For an initial temporary restraining order, the standard is simply ‘reasonable proof,’ which is the lowest threshold and is frequently met by the petitioner’s sworn declaration alone.

How Long Does It Take to Get a Restraining Order in California?

A temporary restraining order (TRO) is typically issued on the same day you file your petition or the next court day, based solely on your written declaration. Once a TRO is granted, California law requires the full hearing to be held within 21 days for a domestic violence restraining order (Family Code section 242) or 22 days for a civil harassment restraining order (Code of Civil Procedure section 527.6(g)). At that hearing, the court decides whether to issue a long-term order, which can last up to five years and may be renewed.

What Are the Penalties for Violating a Restraining Order in California?

Violating a restraining order is a crime under California Penal Code section 273.6. A first violation is typically a misdemeanor, carrying up to one year in county jail and a fine of up to $1,000. If the violation causes physical injury, there is a mandatory minimum of 30 days in jail. A second violation within seven years that involves violence or threats of violence is a ‘wobbler’ that can be charged as a felony, carrying up to three years in state prison and a fine of up to $10,000. Additional penalties can include mandatory counseling, payments to a domestic violence shelter, and restitution to the victim.

How Do I Contest a Wrongful Restraining Order in California?

If you must contest a wrongful restraining order in California, it is crucial to speak with an attorney right away. You will need to file a written response to the order and attach any supporting evidence you have. It is important that you comply with the temporary order completely, even if you know it is wrongful; otherwise, you face contempt of court. At your hearing, your attorney can present your side of the story to contest the restraining order.

Quinn & Dworakowski, LLP, can provide comprehensive legal representation for any type of restraining order case in California. Whether you are filing or responding to a domestic violence restraining order or a civil harassment restraining order, we can help. It is important that you consult legal counsel at your first opportunity, so reach out to our team today and schedule a consultation with an attorney who can help.