If someone is threatening, stalking, or abusing you, a restraining order gives you court-backed protection that the police can enforce. The process is designed so you can start it yourself, often the same day, without a filing fee when violence or stalking is involved. What stops many people is not the cost but the uncertainty: which forms, which court, and what happens after you file.
I am Jessica Abdollahi, and after 14+ years of successfully handling domestic violence matters across Sacramento, Yolo, and Placer counties, I have walked many clients through this exact process. This guide lays out each step so you know what to expect and can act with a clear plan.
First, Identify the Right Type of Order
California offers four restraining orders, and choosing the correct one determines which forms you file and which court hears your case. Your relationship to the person you need protection from is what sets them apart.
Domestic Violence Restraining Order
This order applies when the person you need protection from is a spouse or former spouse, a current or former dating partner, a cohabitant, a close relative, or your co-parent. It falls under the Domestic Violence Prevention Act and is filed in family court using the DV-100 form.
Civil Harassment Restraining Order
When the person is a neighbor, roommate, coworker, distant relative, or a stranger, you may seek a civil harassment order under Code of Civil Procedure section 527.6. It is filed with form CH-100, and the standard of proof is higher than in a domestic violence case.
Elder Abuse and Workplace Violence Orders
An elder or dependent adult abuse order (form EA-100) protects people 65 or older, and dependent adults aged 18 to 64, from physical, emotional, or financial abuse, neglect, or isolation. A workplace violence order (form WV-100) protects an employee, but only the employer can file it.
Step One: Complete the Court Forms
Filing starts with a set of Judicial Council forms, and the domestic violence packet is the most common. Each form has a specific job, so completing them accurately protects your request.
The Core Domestic Violence Forms
You begin with the DV-100, where you describe the abuse and check the specific orders you want. You file it alongside the DV-109 (Notice of Court Hearing), the DV-110 (the temporary order the judge signs or denies), and the CLETS-001, a confidential form that lets law enforcement enter the order into their statewide system.
Describe the Abuse with Facts
The judge decides your request based mainly on what you write, so specificity matters more than emotion. State what happened, when, how many times, and what was said or done, starting with the most recent incident, and attach proof such as texts, emails, or photos if you have them.
Forms for Children and Support
If you share children with the restrained person, you can request custody and visitation orders now by adding the DV-105 and DV-140. Because a domestic violence finding directly affects a child custody determination, addressing it at this stage often shapes the parenting arrangement that follows.
Step Two: File Your Forms with the Court
Once your forms are complete, you turn them in to the superior court in the county where you live or where the harassment occurred. Filing is straightforward and, in qualifying cases, free.
Where and How to File
You file at the family law clerk's office for a domestic violence order, or the civil clerk's office for a civil harassment order, by giving the clerk your original plus two copies. Many California courts also allow electronic filing or a drop box, so check your court's website for the options available in your county.
No Fee in Violence-Based Cases
There is no filing fee for a domestic violence restraining order. For a civil harassment order, the fee is waived when the request is based on violence, a credible threat of violence, or stalking, and a fee waiver is available if you cannot afford the cost in other situations.
Step Three: The Temporary Restraining Order
Immediate protection comes from a temporary restraining order, or TRO, which a judge can issue before the other person is ever notified. This is the part of the process that provides safety while your case moves forward.
Same-Day Review
A judge reviews your DV-100 declaration the same day you file, or the next business day, based only on what you wrote. If the judge finds reasonable proof of past abuse or a reasonable fear of future abuse, the judge signs the DV-110, and the temporary order takes effect right away.
How Long It Lasts
A temporary order lasts only until your court hearing, which the clerk sets when you file. Keep a copy of the signed DV-110 with you at all times, and photograph it on your phone so you can show it to police if the order is violated.
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File with Someone Who Knows the Process
A restraining order only protects you if the forms are complete and the case is argued well at the hearing. I help clients across file, seek, and defend these orders from the first form through the final hearing.
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Step Four: Serve the Other Person
Before the court can issue a long-term order, the restrained person must be formally served with your papers. You cannot serve them yourself.
Who Can Serve and the Cost
Anyone 18 or older who is not part of the case can serve the papers, and in cases involving violence or stalking, the sheriff or marshal will serve them for free. The server then completes a proof of personal service form, which you file before the hearing to show the court that notice was given.
Why Service Matters
Certain orders, including child support and spousal support, can only be granted after the other side has been served. If you cannot locate the person in time, you can ask the court to reschedule the hearing so you have more time to complete service.
Step Five: The Court Hearing
The hearing is where a judge decides whether your temporary protection becomes a long-term order. Both sides appear, and preparation makes a real difference in the outcome.
What to Expect
The hearing is typically set about 20 to 25 court days after you file. You testify about what happened, and you may bring witnesses and evidence such as messages, photos, or medical records. The restrained person can respond and present their own evidence, and the mechanics of how these orders work are the same whether you are seeking one or defending against one, which is why the restraining order laws in California reward thorough preparation on both sides.
If the Judge Grants the Order
A long-term domestic violence order can last up to five years and can be renewed before it expires. Once granted, it can require the restrained person to stay away from your home, work, and children's school, cut off all contact, move out of a shared residence, and surrender any firearms.
What a Restraining Order Can and Cannot Do
A restraining order is a powerful safety tool, but it works best when you understand its scope. Knowing its limits helps you plan realistically.
The Protections It Provides
Beyond no-contact and stay-away provisions, the order can set temporary custody, order support, direct the return of property, and mandate that the restrained person relinquish weapons. Police can arrest someone who violates it, which is what gives the order its force.
Its Practical Limits
An order is a legal boundary, not a physical barrier, so a personal safety plan remains important. A criminal protective order from a related criminal case takes priority over a family or civil order, so tell the judge if more than one order exists.
Talk with a Sacramento Family Law Attorney
Filing a restraining order is something you can start on your own, but the hearing carries real stakes, and the difference between a temporary order and lasting protection often comes down to how well your case is presented. If children, shared property, or firearms are involved, the outcome reaches well beyond the order itself.
Our team at AF Law helps clients across Sacramento, Yolo, and Placer counties seek and defend restraining orders with the urgency these situations demand. I provide you with an honest assessment of your circumstances and prepare your case for the hearing that determines your protection. Contact AF Law today to schedule your consultation.
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