A California restraining order (also called a protective order) is a court order that prohibits one person from harassing, threatening, contacting, or coming near another. There are five distinct restraining-order schemes, each with its own forms and procedure based on the relationship between the parties.
Which restraining order applies
- CH-100 — Civil Harassment. No close family/dating relationship. CCP §527.6. Covers neighbors, coworkers, acquaintances, strangers.
- DV-100 — Domestic Violence. Spouse, former spouse, dating/sexual partner, parent of your child, blood relative, household member. Family Code §6200 et seq. (Domestic Violence Prevention Act).
- EA-100 — Elder or Dependent Adult Abuse. Petitioner is 65+ or a dependent adult. Welfare & Institutions Code §15657.03.
- GV-100 — Gun Violence. Filed by an immediate family member, employer, coworker, or law-enforcement officer to prohibit a person from possessing firearms. Penal Code §18100 et seq.
- WV-100 — Workplace Violence. Filed by an employer on behalf of an employee who has suffered violence or credible threat from any person. CCP §527.8.
Process for a Temporary Restraining Order (TRO)
- Petition. File the CH-100 / DV-100 / EA-100 / GV-100 / WV-100 series at the superior court in your county.
- Ex parte TRO. The court reviews the petition the same day. If the facts show immediate harm, the court issues a Temporary Restraining Order (CH-110 / DV-110 / EA-110 / GV-110 / WV-110) effective until the hearing — usually 21 days.
- Service on respondent. Respondent must be served personally before the hearing (CH-200 / DV-200 / EA-200 / GV-200 / WV-200 proof of service).
- Hearing. Both sides appear. The court issues either a longer Restraining Order After Hearing (up to 5 years for CH, DV, EA; up to 3 years for GV) or denies the petition.
What we prepare
- The petition (CH-100 / DV-100 / EA-100 / GV-100 / WV-100) with the supporting declaration explaining what happened, when, where, and the immediate threat
- Order on Petition (CH-130 / DV-130 / etc.) — the proposed order the judge will sign
- Proof of Personal Service (CH-200 / DV-200 / etc.) for the respondent
- FW-001 fee waiver if applicable (DV, EA filings have no filing fee under state law)
- Child-custody attachments (FL-105/UCCJEA) when the DV order involves children
- Firearms relinquishment forms when the order requires the respondent to turn in firearms
- CLETS information (for clerk to enter the order into the statewide CLETS database for law-enforcement enforcement)
What we do not do
As a California Legal Document Assistant we cannot represent you at the hearing or argue your case to the judge. Many petitioners successfully represent themselves with our prepared documents. Contested hearings (where the respondent appears with an attorney and disputes the facts) often benefit from your own attorney — we can refer you to one. We will never prepare a restraining-order petition we believe is intended to harass the respondent or made up to gain an advantage in another case.
Statutory authority: California Code of Civil Procedure §527.6 (civil harassment), §527.8 (workplace violence); California Family Code §§6200-6409 (Domestic Violence Prevention Act); California Welfare & Institutions Code §15657.03 (elder or dependent adult abuse); California Penal Code §§18100-18205 (Gun Violence Restraining Order Act).