How to File a Restraining Order–Step by Step

Once you determine that you need a restraining order, receiving a permanent order of protection cannot come soon enough. At the same time, if you haven’t been through the process before, the thought of filing for a restraining order can become a seemingly overwhelming task. The truth is, filing for a restraining order in California is not as difficult as many make it out to be. That said, it is also important to keep in mind that restraining orders are almost always contested, and the person you are seeking protection from will almost certainly have an attorney. 

At Power Trial Lawyers, our Los Angeles and Orange County and Orange County restraining order lawyer is committed to helping clients throughout Southern California obtain the legal protections of a restraining order. We recognize that the stakes cannot be higher and that your safety depends on the outcome of the case. Therefore, we take a comprehensive approach to every restraining order case we handle, ensuring that we gain a full understanding of what you’ve been through before developing a strategic plan. 

Five Steps to Filing for a California Restraining Order

Filing for a restraining order is not rocket science, but California law requires you follow the following steps precisely before a judge will hear your petition. 

Step One: Determine Which Type of Restraining Order You Need

There are several different types of restraining orders in California. The type of restraining you need is usually determined by your relationship with the person you are seeking protection from. Below is a brief description of the four types of restraining orders in California.

Domestic Violence Restraining Orders: Domestic Violence Restraining Orders (DVRO) provide protection to those who have experienced abuse from a person they have been close with, for example, spouses, live-in romantic partners, dating partners, or close relatives.

Civil Harassment Restraining Orders: Civil Harassment Restraining Orders (CHRO) protect you against abuse, threats, or harassment carried out by someone whom you do not have a close familial or romantic relationship with, such as colleagues at work, neighbors, roommates, or former friends. 

Elder or Dependent Adult Abuse Restraining Orders: Elder or Dependent Adult Abuse Restraining Orders (EARO) protect seniors or dependent adults from all types of abuse. For these purposes, “abuse” is broadly defined to include hitting, slapping, sexually assaulting, abducting, or making threats. Abuse also includes abandoning, neglecting, or withholding food or medical care. Elder or Dependent Adult Abuse Restraining Orders are also available for those experiencing financial abuse.

Workplace Violence Restraining Orders: Workplace Violence Restraining Orders (WVRO) are sought by employers and provide protection to employees who face threats or violence at work. WVROs can protect all types of workers, including full- and part-time employees, volunteers, and independent contractors. 

Each of the various types of restraining orders requires you to prove you were subject to abuse or harassment. However, there are different standards for each type of order. An experienced Los Angeles and Orange County restraining order lawyer can help you determine which type of restraining order applies best in your situation. 

Step 2: Fill Out the Necessary Forms

Each type of restraining order has a corresponding set of forms. These forms must be completed for the judge to hear your case. Below are the main forms for each type of California Restraining Order:

Domestic Violence Restraining Order Forms

• Request for Domestic Violence Restraining Order (DV-100)
• Confidential CLETS Information (CLETS-001) 
• Notice of Court Hearing (DV-109) 
• Temporary Restraining Order (DV-110) 

Civil Harassment Restraining Order Forms

• Request for Civil Harassment Restraining Orders (CH-100)
• Confidential CLETS Information (CLETS-001) 
• Notice of Court Hearing (CH-109) 
• Temporary Restraining Order (CH-110) 

Elder or Dependent Adult Abuse Restraining Order Forms

• Request for Elder or Dependent Adult Abuse Restraining Orders (EA-100) 
• Confidential CLETS Information (CLETS-001) 
• Notice of Court Hearing (EA-109)
• Temporary Restraining Order (EA-110) 

Workplace Violence Restraining Order Forms

• Petition for Workplace Violence Restraining Orders (WV-100) 
• Confidential CLETS Information (CLETS-001) 
• Notice of Court Hearing (WV-109) 
• Temporary Restraining Order (WV-110) 

Step 3: Fill Out the Restraining Order Forms

Next, you want to go through each of the forms and fill them out as directed. You won’t need to fill out all the sections on all the forms, so be mindful of the directions. The most important form, depending on the type of order you are seeking, is DV-100, CH-100, EA-100 or WV-100. While each of the forms varies slightly, pay special attention to the “Description of Abuse” Section. This is where you will provide a detailed account of the harassment or abuse you’ve been subject to. 

When detailing the other party’s abuse or harassment, use descriptive language but do not exaggerate. Keep in mind that the most powerful statements are often those that you can support with evidence, such as text messages, emails, voicemails, hand-written notes, or video footage. If another person witnessed the harassment or abuse, be sure to provide their name and contact information, as you may want to call them as a witness.

When filling out DV-100, CH-100, EA-100 or WV-100, you will also be able to list any other people that you would like to be protected by the restraining order, such as minor children. Keep in mind, however, that pursuing a restraining order on behalf of children tends to make the proceedings more complex, as the judge will need to follow additional procedures whenever children are involved. 

Step 4: File Your Forms and Serve the Other Party

Once you’ve completed the forms, the next step is to file them with the court. Typically, you should file for a restraining order in the county where the abuse or harassment occurred, where you live, or where the other party lives. However, not every courthouse accepts all types of restraining order cases, so reach out in advance to ensure you visit the correct courthouse. You can also e-file the documents.

Once you file, you’ll need to serve the other party with a copy of the documents. There are a few ways to do this. For example, a sheriff, process server, or any competent adult who is not involved in the case can serve the other party. Whoever effectuates service should fill out the respective “Proof of Personal Service” form, which you will then need to file. 

Step 5: Attend the Restraining Order Hearing

Within 25 days of your filing, the court will schedule an in-person hearing. At this hearing, a judge will review evidence from both sides and ultimately make a ruling. You will have the option to testify, but you do not need to. However, your testimony could be among the most compelling evidence in your case, so it is important to consult with an experienced LA restraining order lawyer prior to making this decision. 

During the hearing, it is essential that you remain respectful towards all parties. While these cases are emotional—to say the least—acting on your emotions can give the judge the wrong idea about you, which could hurt your case. You could also subject yourself to criminal liability if you are not careful. 

Do You Need Assistance Obtaining a Los Angeles and Orange County Restraining Order?

The process of filing for a restraining order can be done without an attorney, but with so much on the line, most people opt to work with a dedicated restraining order lawyer to help them through the process. At Power Trial Lawyers, our Los Angeles and Orange County restraining order lawyer is well-versed in California restraining order law as well as the mechanics of the Los Angeles and Orange County County court system. We put our knowledge and experience into every case we handle, ensuring that your petition is given the attention it deserves. To learn more about pursuing a Los Angeles and Orange County restraining order and to schedule a no-obligation consultation with Matthew Barhoma or another attorney at Power Trial Lawyers, call 213-800-7664 or connect with us through our online contact form.