DV Restraining Orders in California: My Complete Guide
Authored by Izzat H. Riaz – Californian Paralegal, U.K. Certified Lawyer (LL.M.)
As a California paralegal with an LL.M., I walk clients through domestic violence restraining orders every week. The forms, the deadlines, the hearing itself, it can all feel intimidating when you are just trying to get safe or respond to serious allegations. This guide is the same step-by-step playbook I use in practice, written in clear language, with practical pointers you can use today.If you are in immediate danger, call 911. You can also reach the National Domestic Violence Hotline at 1-800-799-7233 or thehotline.org for confidential safety planning and referrals.
What California Calls “Domestic Violence,” in real life terms
California law covers more than physical injury. Courts regularly see:
- Physical harm, threats, stalking, harassment, or destruction of property
- Emotional or psychological abuse, including intimidation or isolation
- Financial control that traps a partner
- Digital abuse, including tracking, impersonation, or monitoring
You can ask for protection if the restrained person is a current or former spouse or partner, someone you dated, the other parent of your child, or a close family member by blood or marriage. If the relationship does not fit those categories, the civil harassment restraining order path may apply instead.
In my experience: Write down what happened in simple, chronological sentences. Dates, locations, exact words, screenshots, and photos matter. The judge needs concrete facts, not conclusions.
Two stages of protection: temporary and long term
- Temporary Restraining Order (TRO): Quick, short-term protection that can be issued the same or next court day. It usually lasts until your hearing, often about 20 to 25 days.
- After the hearing: The court can issue a longer order, up to five years, with tailored protections like no contact, move-out, stay-away distances, custody, visitation, and firearm prohibitions.
There are other protective orders too, including criminal protective orders and workplace violence orders. If you are unsure which fits, I help clients match the facts to the right track before filing.
Forms you will actually use, and how to complete them well
You will usually need:
- DV-100 Request for Domestic Violence Restraining Order
- DV-110 Temporary Restraining Order
- CLETS-001 Confidential CLETS Information
- If you are responding, DV-120 Response to Request for Domestic Violence Restraining Order
How to draft your declaration so the judge can follow it:
- Use a timeline. “On 6-14-2025 at 7 p.m., at our apartment in Elk Grove, he punched the wall next to my head and said, ‘You will regret this.’ Children were present.”
- Attach exhibits. Screenshots, call logs, photos, medical notes, and police reports. Label them Exhibit A, B, C.
- Be specific about fear of future abuse. Judges must evaluate risk going forward, not only what happened before.
File your papers with the family law clerk in the proper county. There is no filing fee for DVRO requests.
Service, hearings, and what to expect in the courtroom
Serving the papers
You cannot serve the papers yourself. Ask a friend over 18, hire a process server, or request sheriff’s service where available. Make sure a Proof of Service gets filed before the hearing. If service fails, ask the courtroom clerk about a new date and re-service.
At the hearing
- Arrive early, check in with the clerk, and bring three sets of your documents.
- The judge will hear from both sides, ask clarifying questions, and review the evidence.
- Stay calm, answer the judge directly, and focus on facts tied to dates, places, and witnesses.
- If you need an interpreter, ask the clerk before the hearing date.
If you are responding: File DV-120 on time, bring your evidence and any witnesses with firsthand knowledge, and be prepared to explain your position clearly. If you agree to some terms but not others, say so. Judges appreciate practical solutions that keep everyone safe.
What a DVRO can include, and how it protects you
Typical terms the court can order:
- No contact and stay-away orders, including home, work, school, and daycare
- Move-out orders and peaceful property retrieval
- Child custody and visitation orders, including supervised visitation when safety requires it
- Firearms and ammunition surrender and a prohibition on purchase or possession
- Batterer intervention program enrollment where appropriate
- Financial protections for limited issues, such as temporary control of a phone line or vehicle use
Firearms rule you should know: If an order issues, the restrained person must surrender guns and ammunition promptly to law enforcement or a licensed dealer and provide proof to the court. Violations can lead to arrest and separate criminal charges.
After the order: staying safe and creating a paper trail
- Keep certified copies with you, at work, at your child’s school, and with trusted neighbors or building security.
- Consider registering the order with local agencies if your county offers it.
- Document every violation. Save messages, note dates and times, and call police if safety is at risk.
- You can request to extend an order before it expires. File early, ideally three months ahead, and bring evidence of ongoing need.
If there are multiple orders, follow the most restrictive terms. When in doubt, do not guess. Ask the court clerk or an attorney to review the documents with you.
Technology safety, because modern abuse is often digital
In many cases, the danger is in the phone or the car, not the front door. Practical steps I often recommend:
- Change passwords, enable two-factor authentication, and review recovery emails and phone numbers.
- Audit location services and shared Apple or Google IDs.
- Check vehicles and devices for paired Bluetooth or suspicious apps.
- Use a safe device for research and messages about your case. Clear histories on shared devices.
The National Domestic Violence Hotline can walk you through a tech safety plan confidentially.
Children, custody, and safe contact
Judges prioritize child safety. Expect the court to:
- Make temporary custody and visitation orders that reduce risk
- Order supervised visitation when needed and specify a professional provider or an agreed trusted supervisor
- Consider exchanges at police substations or supervised centers if tensions at hand-offs are high
If you also need long-term custody orders, you may open or coordinate a family law case. I help clients align the DVRO with a parenting plan so orders are consistent and easy to follow.
If you have been served and need to respond
You have the right to be heard. Read every page, calendar the hearing date, and file DV-120 promptly. Bring witnesses with firsthand knowledge, organized exhibits, and any records that rebut the claims. If parts of the requested order are reasonable, be candid about that. If something would cost you your housing or job, explain the specific harm and offer safer alternatives.
In my experience: Judges respond well to solutions that protect safety without creating unnecessary collateral damage, for example a peaceful move-out on a short timeline with a supervised property pickup.
Common roadblocks I solve for clients
- Missed service or late proofs: Ask for a continuance rather than rushing. Clean service avoids appeals later.
- Thin evidence: Sworn declarations plus consistent exhibits are far stronger than a stack of screenshots without context.
- Communication traps: Keep all communications polite and brief. Assume the judge will read every message.
- Overlap with criminal court: Respect the criminal protective order. The stricter order controls if there is any conflict.
Where legal help makes a real difference
A lawyer can:
- Draft a tight, credible declaration that tells your story in a judge-friendly way
- Organize exhibits so the court can find what it needs in seconds
- Prepare you to testify without freezing or wandering off point
- Coordinate DVRO terms with custody, support, housing, and property issues so your orders work in real life
At J Legal, we handle DV restraining orders with discretion and urgency. Whether you need rapid filing and safety planning or a focused defense with a clean record of communications, we will meet you where you are and move you forward.
Quick checklist to start today
- Write a dated timeline of incidents, with names of witnesses and locations
- Gather screenshots, photos, call logs, medical notes, police reports, and any prior orders
- Complete DV-100, DV-110, CLETS-001, and any local forms your county requires
- Arrange lawful service, then file the Proof of Service
- Plan your testimony in three parts, what happened, why you fear future harm, and what protections you need
- Prepare a safe exit and tech plan, even if you think you will not need it
Final word from me
Domestic violence cases move fast because safety cannot wait. Clear facts, organized documents, and a practical ask will carry you farther than dramatic language ever will. If you want me to turn this guidance into a tailored packet for your exact facts, I can map your forms, exhibits, and a hearing script so you walk into court prepared and composed. You are not alone, and you do not have to do this in the dark.
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