What Is the Difference Between a DVRO and a Civil Harassment Restraining Order in California?
The short answer: the relationship between you and the other person decides which order you file. A domestic violence restraining order (DVRO) is for a spouse, former spouse, dating partner, cohabitant, co-parent, or close relative, and it is filed in family court under Family Code section 6211. A civil harassment restraining order (CHRO) is for everyone else, such as a neighbor, coworker, roommate, or stranger, and it is filed under Code of Civil Procedure section 527.6. The two orders protect against different conduct, use different proof standards, and carry different consequences, so filing the right one matters from day one.
Why this guide exists. Every week people walk into the Riverside Family Law Courthouse or the San Bernardino Justice Center with the wrong packet and lose weeks to a refiling. This guide from our domestic violence restraining order attorneys explains who qualifies for each order, what you must prove, which forms to use, and what happens after the order is granted.
Who Qualifies for a DVRO in California?
The relationship test. Family Code section 6211 lists the relationships that qualify for a DVRO: a current or former spouse, a person you live with or lived with, a person you are dating or dated, the other parent of your child, your child, and relatives within the second degree by blood or marriage, such as a parent, sibling, grandparent, or in-law. If the other person fits one of these categories, the Domestic Violence Prevention Act applies and the case belongs in family court.
Cohabitants and dating relationships. A roommate can qualify as a cohabitant under Family Code section 6209 if you regularly reside together, and a brief dating relationship can be enough. If the relationship is unclear, we usually recommend filing the DVRO, because the family court can address the question at the hearing. Our guide on what evidence you need for a restraining order explains how to document the relationship and the abuse.
Who Qualifies for a Civil Harassment Restraining Order?
Everyone outside the family list. Code of Civil Procedure section 527.6 covers neighbors, coworkers, landlords, former friends, distant relatives, online harassers, and strangers. If you have no domestic relationship with the person, this is your order. Related statutes cover workplace violence petitions filed by an employer under Code of Civil Procedure section 527.8 and elder or dependent adult abuse orders under Welfare and Institutions Code section 15657.03.
Choose by relationship, not by severity. People often assume that a civil harassment order is the "lesser" order for less serious conduct. That is not how the statutes work. A stranger who assaults you still gets a civil harassment order, and a spouse who only sends harassing texts still gets a DVRO. The question is who the person is to you, not how bad the conduct was.
What Conduct Counts Under Each Order?
DVRO: abuse broadly defined. Family Code section 6203 defines abuse to include physical injury, sexual assault, placing someone in reasonable apprehension of imminent serious bodily injury, and any conduct the court can enjoin under Family Code section 6320. That last category includes stalking, threatening, harassing, and disturbing the peace of the other party, which the statute now defines to include coercive control. In In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483, the Court of Appeal held that accessing and misusing a former spouse's private emails could qualify as disturbing the peace. Abuse does not require a physical injury.
CHRO: violence, threats, or a course of conduct. Code of Civil Procedure section 527.6 requires (1) unlawful violence, (2) a credible threat of violence, or (3) a knowing and willful course of conduct directed at you that seriously alarms, annoys, or harasses you, serves no legitimate purpose, and would cause a reasonable person substantial emotional distress. A single rude encounter is not enough for the third category; a pattern is required. Constitutionally protected activity, such as a neighbor's lawful complaints to the city, does not count.
How the Burden of Proof Differs
DVRO: reasonable proof by a preponderance. Under Family Code section 6300, the court may issue a DVRO on reasonable proof of a past act or acts of abuse, and the standard at the hearing is a preponderance of the evidence. The petitioner's own sworn testimony can be enough if the judge finds it credible. The court can also issue a temporary order the same day you file under Family Code section 6320 based on the DV-100 alone.
CHRO: clear and convincing evidence. Code of Civil Procedure section 527.6 requires clear and convincing evidence of unlawful violence, a credible threat, or harassment before a final order issues. That is a meaningfully higher bar, and judges in Riverside and San Bernardino apply it. Text messages, photographs, police reports, and third-party witnesses matter more in a civil harassment case because your word alone is less often enough. The temporary order can still issue quickly, usually the same day or the next court day, on the CH-100 petition.
Which Forms Do You File and Where?
DVRO forms. The DVRO packet starts with DV-100 (the request), DV-109 (notice of court hearing), and DV-110 (the temporary order). If children are involved, add DV-105 for custody and visitation requests. The DVRO is filed in the family law division of the superior court, usually the Riverside Family Law Courthouse for west Riverside County and the San Bernardino Justice Center for San Bernardino, Fontana, and nearby cities; check the court's website for current filing locations. There is no filing fee for a DVRO.
CHRO forms. The civil harassment packet starts with CH-100 (the request), CH-109 (notice of court hearing), and CH-110 (the temporary order). These are filed in the civil division, not family court. Under Code of Civil Procedure section 527.6, there is no filing fee when the petition alleges violence, stalking, or a credible threat of violence; otherwise a fee applies unless you qualify for a waiver on FW-001. Both orders require personal service on the respondent before the hearing, and both hearings are set within about 21 days, or 25 days on good cause.
What Protections and Consequences Come With Each Order?
Custody, support, and property come only with a DVRO. Because the DVRO is a family court order, the judge can award temporary custody and visitation, order child support, decide who stays in the home under Family Code section 6321, and control property and debts while the order is in place. A DVRO finding also triggers the presumption in Family Code section 3044 against awarding custody to the restrained parent for five years. A civil harassment order cannot touch custody, support, or the family home. Our guide on supervised visitation explains how a DVRO finding shapes parenting orders.
Firearms, CLETS, and criminal exposure apply to both. Both orders are entered into the statewide CLETS database and both require the restrained person to surrender firearms and ammunition; the DVRO rule is in Family Code section 6389, and the civil harassment rule is inside Code of Civil Procedure section 527.6 itself. Violating either order is a crime under Penal Code section 273.6. A DVRO can last up to five years and be renewed under Family Code section 6345, and a civil harassment order can also last up to five years with renewal available. Read our guide on how long a restraining order lasts for the renewal rules.
What If You Choose the Wrong Order?
The court may redirect you, but you lose time. If you file a civil harassment petition against a spouse or dating partner, the civil judge will usually deny it and direct you to family court, and the reverse happens when a stranger case lands in family court. The temporary order, if one was issued, can lapse in the gap. When the relationship is borderline, such as a short dating history or an occasional overnight guest, we file the DVRO and explain the relationship facts in the declaration, because the DVRO carries the broader remedies and the lower proof standard.
If you are the restrained party, the label matters too. A DVRO on your record carries the Family Code section 3044 custody presumption and is treated as a domestic violence finding by employers, licensing boards, and immigration authorities in ways a civil harassment order usually is not. Our guide on what to do when a restraining order is filed against you covers how to respond on DV-120 and how to challenge a mischaracterized relationship at the hearing. In Corona and across the Inland Empire, we defend these hearings on a flat-fee basis through our affordable family law representation program.
Frequently Asked Questions
Can I get a DVRO against a roommate I never dated?
Sometimes. A roommate qualifies as a cohabitant under Family Code section 6209 if you regularly reside in the same household, and Family Code section 6211 covers cohabitants and former cohabitants. If you shared an apartment as ordinary roommates, most judges will treat you as cohabitants and hear the DVRO. If the person was a short-term guest or subtenant with no shared household, a civil harassment order under Code of Civil Procedure section 527.6 is the safer filing.
Is a civil harassment order harder to get than a DVRO?
Yes, on the proof. A civil harassment order requires clear and convincing evidence, while a DVRO requires only a preponderance of the evidence under Family Code section 6300. The civil harassment statute also requires a course of conduct for harassment claims, so one incident is usually not enough unless it involved violence or a credible threat. Documented evidence such as messages, recordings, and witnesses carries the case.
Can a civil harassment order give me custody of my child?
No. Custody, visitation, child support, and use of the family home are family court remedies available only in a DVRO case or a separate family law action. If the person harassing you is your child's other parent, you qualify for a DVRO under Family Code section 6211 and should file DV-100 with DV-105 to request custody orders in the same case.
Does a civil harassment order show up on a background check?
Usually, yes, while it is active. Both civil harassment orders and DVROs are entered into CLETS and appear in law enforcement databases, and both trigger a firearm prohibition. A DVRO, however, is treated as a domestic violence finding, which carries the Family Code section 3044 custody presumption and heavier collateral consequences than a civil harassment order.
Talk to a Riverside Restraining Order Attorney
Get the right order the first time. Daniel Gramling, Esq. and Gramling Law Group handle DVRO and civil harassment matters for petitioners and restrained parties, with flat-fee and limited-scope options so you know the cost before the hearing. Call (909) 654-4575 or contact us through this website. We serve the Inland Empire, Los Angeles County, Orange County, and Southern California from our Riverside office.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Related Guides From Gramling Law Group
Learn more about our domestic violence restraining order attorneys serving the Inland Empire, Los Angeles County, and Southern California.
We handle restraining order hearings for petitioners and restrained parties in Riverside and San Bernardino.
Gramling Law Group
3600 Lime St, Bldg 2, Riverside, CA 92501
Phone: (909) 654-4575
Serving the Inland Empire, Los Angeles County, Orange County, and all of Southern California except San Diego in family law and criminal defense.
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