December 20, 2025 by Anastasiia Ponomarova in California Criminal Defense

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How to Get an Order of Protection in California: A Step-by-Step Guide

Facing threats or harassment in California? An order of protection California provides crucial legal safeguards for individuals experiencing abuse, stalking, or harassment.

When your safety is at risk, understanding how to obtain protection through the legal system becomes essential. Protection orders create legal boundaries that prohibit an individual from contacting, approaching, or harming you. Furthermore, violating these orders carries serious legal consequences, giving them substantial enforcement power.

California offers several types of protection orders, each designed for specific situations and relationships. These range from emergency protective orders that take effect immediately to longer-term restraining orders that provide ongoing protection. Additionally, the application process varies depending on your circumstances and the nature of the threat you're facing.

Navigating the legal system during a crisis can feel overwhelming. Therefore, this comprehensive guide breaks down the entire process into manageable steps, from determining which type of protection order you need to filing the paperwork correctly and preparing for your court hearing. By following these instructions, you can effectively seek the legal protection necessary to ensure your safety and peace of mind.

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Understanding the Types of Protection Orders in California

California law provides several types of protection orders, each serving different relationships and situations. Understanding which order applies to your circumstance is crucial for successful filing.

Emergency Protective Order (EPO)

EPOs offer immediate protection in crisis situations. When police respond to domestic violence calls, officers can contact a judge at any time to request this order on your behalf. A judge issues an EPO only if they believe there is "immediate and present danger" of domestic violence, child abuse, child abduction, or elder abuse ^[1]. These orders last only for a brief period—five business days or seven calendar days, whichever is shorter ^[2]. EPOs provide temporary protection while you prepare to file for longer-term orders.

Temporary Restraining Order (TRO)

When you file for a restraining order, courts typically issue a TRO while waiting for a full hearing. After submitting your petition, a judge decides quickly whether to grant this temporary protection ^[3]. The TRO remains effective until your court hearing, generally within 21-25 days ^[4]. These orders can prohibit contact, require the restrained person to stay away from you, and may include other protections depending on your situation.

Domestic Violence Restraining Order (DVRO)

DVROs protect people from someone they have a close relationship with, such as a spouse, domestic partner, person they've dated, or close family member ^[5]. These orders can last up to five years after a full hearing ^[3]. DVROs can include various protections: no-contact orders, stay-away provisions, move-out requirements, firearm restrictions, and even custody and financial support orders if relevant ^[5].

Civil Harassment Restraining Order (CHRO)

Unlike DVROs, CHROs protect against people you are not related to or haven't dated, such as neighbors, landlords, coworkers, or distant relatives ^[6]. These orders address harassment, threats, stalking, or harm that occurs anywhere, including online ^[6]. After a hearing, CHROs can last up to five years, with possible extension for another five years ^[4].

Workplace Violence Restraining Order (WVRO)

WVROs are unique because only employers can request them to protect employees facing violence, threats, or harassment at work ^[7]. Starting January 2025, employers can also seek these orders against individuals who harass their employees ^[8]. These protections extend to volunteers, part-time workers, independent contractors, and board members ^[7]. In some cases, employee spouses can also receive protection under these orders.

Elder or Dependent Adult Abuse Restraining Order (EARO)

EAROs protect individuals who are either 65 or older or dependent adults (18-64 with limiting conditions) ^[9]. They address physical or financial abuse, neglect, abandonment, isolation, or harmful treatment ^[10]. Besides the elder or dependent adult themselves, conservators, trustees, attorneys-in-fact, or court-appointed guardians can apply for these orders ^[9]. Like other restraining orders, EAROs can last up to five years ^[11].

In California, "restraining orders" and "protective orders" mean exactly the same thing ^[12]. Violating any of these orders is a crime under California Penal Code Section 273.6, potentially resulting in fines, jail time, or both ^[12].

Who Can Request an Order of Protection

Eligibility for protection orders in California depends primarily on your relationship with the person you need protection from and the specific circumstances of your situation.

Qualifying relationships and situations

For Domestic Violence Restraining Orders (DVROs), you must have a specific relationship with the person you're seeking protection from. These qualifying relationships include:

A current or former spouse/registered domestic partner
Someone you're dating or used to date (including same-sex partners)
A person with whom you have a child
Close family members related by blood, marriage, or adoption (including parents, children, siblings, grandparents, in-laws)
A current or former cohabitant who regularly lives/lived in your home

The law defines a "dating relationship" as "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement." Notably, recent case law has complicated the definition of "friends with benefits" relationships—these may or may not qualify depending on specific circumstances.

For Civil Harassment Restraining Orders, you can file when you don't have an intimate relationship with the person, specifically for neighbors, roommates, coworkers, or more distant relatives.

Elder or Dependent Adult Abuse Restraining Orders protect individuals who are 65+ or dependent adults (18-64 with limiting conditions) from physical abuse, neglect, financial abuse, isolation, or harmful treatment.

When minors or dependents are involved

Minors who are 12 years or older can file for restraining orders without parent or guardian assistance. However, if the minor is under 18 and living with a parent or guardian, a copy of the restraining order must be sent to at least one parent or guardian, unless the judge determines this isn't in the minor's best interest.

The juvenile court has exclusive jurisdiction to issue restraining orders protecting a child who is subject to a petition under section 300 or any other child in the household. Applications may be made orally at scheduled hearings or through written application using specific forms (JV-245 or JV-258 for restraining orders against children).

Resource parents or relative caregivers concerned about a foster child's safety can discuss restraining the threatening person with the case social worker and the child's attorney.

Employer vs individual petitions

Workplace Violence Restraining Orders (WVROs) stand apart as they can only be requested by employers, not by individual employees. Employers can seek these orders to protect employees who have experienced:

Unlawful violence
Credible threats of violence
Harassment (starting January 2025)

Importantly, individual employees cannot file WVROs on their own. Instead, they must seek other types of restraining orders like Civil Harassment Restraining Orders.

When an employer petitions for a WVRO, they will identify all employees for whom protection is sought. The employer needs to explain and present evidence regarding why those employees need protection, initially through written declarations and potentially later through live testimony.

Significantly, all employees who have experienced or been threatened with violence may be protected under the WVRO. Family members of employees who are threatened or harassed can also be included and protected under the same order.

For situations involving domestic violence, an employer's application may be submitted without notice, and the court may immediately grant a temporary order. For non-domestic violence situations, the standard notice requirements in Code of Civil Procedure section 527 apply.

How to File for an Order of Protection

Filing for an order of protection in California involves completing specific paperwork, submitting it to the court, and ensuring proper legal notification to the restrained person. The process might seem complex, yet breaking it down into manageable steps makes it more straightforward.

Step 1: Fill out the required forms

All California courts use the same basic set of forms for protection orders, though the exact paperwork varies based on the type you need ^[13]. For most protection orders, you'll need to complete:

Main request form (such as DV-100 for domestic violence or CH-100 for civil harassment)
Confidential CLETS Information form (CLETS-001)
Notice of Court Hearing form
Temporary Restraining Order form
Civil Case Cover Sheet ^[14]

Some courts require additional local forms; contact your court clerk or check your court's website to determine if you need any ^[13]. You can download forms online or use court-provided programs to complete them ^[14]. For fee waiver requests, complete forms FW-001 and FW-003 ^[14].

Step 2: File the forms with the court

After completing your forms, make two copies—you'll need the original plus two copies when filing ^[14]. You can file:

In person at the courthouse
Online (e-filing)
Via courthouse drop box (if available) ^[15]

Domestic Violence Restraining Orders are always free to file. For Civil Harassment orders, you won't pay a filing fee if the case involves violence, stalking, or threats—otherwise, fees typically range from $435-$450 ^[14][16].

Many courts have specific deadlines—some require domestic violence restraining order paperwork by 2:00 p.m. for same-day processing ^[17].

Step 3: Get a court date and temporary order

After filing, a judge will review your request, typically that same day or the next ^[15]. The judge will decide whether to grant temporary protection until your full hearing. If granted, you'll receive:

A court date for your full hearing (usually within three weeks) ^[18]
A temporary restraining order valid until your court date ^[15]

Keep the temporary order with you at all times—consider taking photos of all pages on your phone for easy access ^[15]. Even if temporary protection is denied, you'll still receive a court date for a hearing on your long-term order request ^[17].

Step 4: Serve the other party

For the restraining order to be legally effective, the restrained person must be formally notified through a process called "service" ^[19]. This crucial step gives the judge power to issue a long-term order ^[20]. You cannot serve the papers yourself—you have three main options:

Sheriff service (free): The sheriff will serve your papers at no cost if you provide the restrained person's address ^[20]
Other adult (free): Ask a friend or relative over 18 who isn't involved in your case ^[20]
Professional process server (paid): Hire someone who specializes in delivering legal documents ^[19]

Whoever serves the papers must complete a proof of service form, which you must file with the court before your hearing ^[21]. If service proves difficult, the judge can extend your temporary order and give more time to complete service ^[20].

What to Expect at the Court Hearing

Attending a court hearing for an order of protection can feel intimidating, yet knowing what to expect helps you present your case effectively. Court hearings typically follow a structured process where both parties have the opportunity to speak and present evidence.

Presenting your case and evidence

When your case is called, you'll take a seat at the front table of the courtroom ^[2]. The judge will ask both sides to identify themselves and may require you to swear to tell the truth ^[2]. Accordingly, you should be prepared to:

Present clear, logical testimony about the incidents
Bring three copies of any documents (one for you, one for the other party, and one for the court file) ^[22]
Introduce witnesses who can support your claims
Reference relevant exhibits that strengthen your narrative ^[23]

It's acceptable to bring notes and read from them during your presentation ^[1]. Remain composed and avoid interrupting the other party—if you need to respond, wait until they finish speaking, then ask the judge for permission ^[1].

What the judge considers

Judges evaluate several factors when deciding whether to grant an order of protection:

Primarily, they assess whether allegations are specific, detailed, and consistent ^[23]. They examine if the petitioner appears genuinely fearful and if the evidence supports the claims ^[23]. Judges carefully evaluate the credibility of both parties by scrutinizing demeanor, memory, consistency, and honesty ^[23].

Furthermore, courts look for timeline inconsistencies, especially when a petitioner claims fear but maintains friendly communication or delays filing ^[23]. Judges in California particularly value two factors: credibility and clarity ^[23].

Possible outcomes of the hearing

Once all evidence has been presented, the judge will make a decision, typically on the same day ^[1]. Possible outcomes include:

Granting the order of protection—valid for up to five years ^[2]
Denying the request—ending the restraining order case ^[1]
Requesting more information—scheduling another court date ^[1]

If granted, the protected person must complete additional paperwork for the judge to sign ^[1]. For the restrained person, violating any terms of the order may result in jail time, fines, or other consequences ^[1].

Sometimes, even if the protection order is denied, other issues like child custody might still require resolution through the court ^[1].

After the Order is Granted

Once a judge grants your order of protection, understanding what happens next becomes crucial for your ongoing safety.

How long the order lasts

Most domestic violence restraining orders in California remain valid for up to five years ^[24]. Without a specified termination date, these orders automatically last three years from issuance ^[25]. Criminal protective orders typically stay in effect until the criminal case concludes, with possible extension up to ten years afterward ^[26]. Workplace violence restraining orders and elder abuse restraining orders similarly provide protection for up to five years ^[27].

Modifying or renewing the order

Should circumstances change, either party can request modifications to the protection order by filing appropriate court forms ^[28]. For renewal, you must apply during the three months before expiration ^[29]—waiting even one day past expiration means starting over with a new application ^[30]. After review, a judge may extend your order for an additional five years or permanently ^[31]. Importantly, you don't need to prove further abuse occurred to obtain a renewal ^[31].

What happens if the order is violated

Immediately call police if the restrained person violates any terms ^[32]. Violation constitutes a crime under Penal Code 273.6 ^[33]. First offenses typically result in misdemeanor charges with penalties including up to one year in jail and fines up to $1,000 ^[34]. Subsequent violations involving violence may become felony charges carrying prison terms up to three years ^[3]. Always keep a copy of your protection order with you—consider taking photos of all pages on your phone ^[5].

Conclusion

Seeking an order of protection through California's legal system undoubtedly requires careful preparation and understanding. The various types of protection orders—emergency protective orders, temporary restraining orders, domestic violence restraining orders, civil harassment restraining orders, workplace violence restraining orders, and elder abuse restraining orders—each serve specific relationships and situations. Therefore, identifying the correct order for your circumstances marks the first crucial step toward securing legal protection.

Filing the appropriate paperwork accurately becomes your next essential task. Courts require specific forms depending on your situation, and proper completion ensures your case proceeds without unnecessary delays. Additionally, understanding the service requirements guarantees the restrained person receives legal notification, activating the court's authority to issue protection.

Court hearings might seem intimidating, though thorough preparation significantly increases your chances of success. Judges evaluate your credibility, the specificity of your allegations, and supporting evidence before making their decision. After receiving protection, you must remain vigilant about enforcement, carrying your order at all times, and reporting any violations immediately.

The legal process may seem overwhelming, especially during times of stress or fear. Nevertheless, these protective measures exist specifically to safeguard your wellbeing and establish clear legal boundaries. Remember that local resources, legal aid organizations, and courthouse self-help centers stand ready to assist throughout this process.

Safety planning should accompany your legal efforts. While protection orders create legal consequences for violations, they work most effectively as part of a comprehensive safety strategy. Your diligence in following through with each step of the process contributes directly to your security and peace of mind.

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