How to Get a Restraining Order in California: DVRO Guide
- Daniel Gramling, Esq.
- 18 hours ago
- 10 min read
If you are being threatened, harassed, hit, stalked, or controlled by a spouse, partner, ex, or close family member, California law gives you a way to get court protection quickly, often the same day you ask for it. That protection is a domestic violence restraining order, usually called a DVRO. This guide explains who qualifies, which forms you file, what happens at the hearing, and what a DVRO actually does once it is granted, with a focus on how the process works in San Bernardino County and Riverside County family courts.
What a Domestic Violence Restraining Order Is
A DVRO is a civil court order issued under the Domestic Violence Prevention Act, which begins at Family Code section 6200. It is not a criminal case. You do not need a police report, an arrest, or criminal charges to ask for one, although those things can help. The person asking for the order is the petitioner or protected party. The person the order is against is the respondent or restrained party.
A DVRO can order the restrained person not to contact you, to stay a certain distance away from you, your home, your work, and your children's school, to move out of a shared residence, to surrender firearms, and to follow temporary custody and visitation orders. It can also protect other family or household members named in the request.
Who Can Ask for a DVRO
The relationship between you and the other person is what determines whether you use a DVRO instead of a different kind of restraining order. Under Family Code section 6211, domestic violence is abuse committed against a spouse or former spouse, a person you live with or used to live with, a person you are dating or used to date, a person you have a child with, a child, or a close relative such as a parent, sibling, grandparent, or in-law.
If the person is a neighbor, coworker, roommate you never dated, or stranger, the correct tool is a civil harassment restraining order (form CH-100) rather than a DVRO. Filing the wrong type of request is a common mistake that delays protection.
What Counts as Abuse
Many people assume a restraining order requires physical violence. It does not. Family Code section 6203 defines abuse to include intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury, and any behavior that could be enjoined under Family Code section 6320.
Section 6320 is broad. It covers molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, destroying personal property, contacting directly or indirectly, coming within a specified distance, and disturbing the peace of the other party. Disturbing the peace is defined to include coercive control, which means a pattern of behavior that unreasonably interferes with a person's free will and personal liberty. Examples in the statute include isolating you from friends and family, depriving you of basic necessities, controlling your movements, communications, finances, or access to services, and compelling you by force or threat to do something you have a right not to do.
In practical terms, the following types of conduct regularly support DVROs in the Inland Empire: repeated threatening texts, showing up uninvited at your home or work, taking your phone or car keys to keep you from leaving, monitoring your location, threatening to take the children, destroying your belongings, and any form of hitting, grabbing, pushing, or restraining.
Step One: Complete the DV-100 and Related Forms
The request begins with form DV-100, Request for Domestic Violence Restraining Order. This is the most important document in the case. It asks you to describe the most recent abuse, any prior abuse, and what orders you are requesting. Every request you check on the DV-100 must be supported by facts in the description sections.
Along with the DV-100, you typically file:
CLETS-001, Confidential CLETS Information, which gives law enforcement the information needed to enter the order into the statewide database. This form is confidential and is not served on the other party.
DV-109, Notice of Court Hearing, which the clerk completes with the hearing date.
DV-110, Temporary Restraining Order, which the judge signs if the temporary orders are granted.
DV-105, Request for Child Custody and Visitation Orders, if you share children with the restrained person and want custody orders.
DV-140, Child Custody and Visitation Order, which the court uses to make the custody orders.
There is no filing fee for a domestic violence restraining order request. In San Bernardino County, DVRO requests are filed with the family law division at the courthouse that serves your area, including the San Bernardino Justice Center and the Rancho Cucamonga, Victorville, and Joshua Tree courthouses. In Riverside County, requests are filed with the family law courts, including the Riverside Family Law Courthouse and the Southwest Justice Center in Murrieta. Both counties accept electronic filing, and both have self-help centers that can assist with the forms.
Step Two: The Temporary Restraining Order
When you file the DV-100, you are asking the court for two things: a temporary restraining order that takes effect immediately, and a hearing on a longer-term order. The temporary order is decided on your paperwork alone, without the other party present. This is called an ex parte request. Under Family Code section 6300, the court can issue the order based on the petitioner's affidavit alone if it shows reasonable proof of a past act or acts of abuse.
The judge reads the DV-100 and decides, usually the same day or the next court day, whether to grant the temporary order. If granted, the DV-110 takes effect as soon as the restrained person is served. If denied, you still get a hearing, but you do not have protection in the meantime. This is why the description of abuse in the DV-100 has to be specific: dates, what was said, what was done, whether there were injuries, whether police were called, and whether there are witnesses or photographs.
Step Three: Serving the Restrained Person
The temporary order and the hearing notice must be personally served on the restrained person. You cannot serve the papers yourself. Service must be done by someone at least eighteen years old who is not a party to the case. Options include the sheriff's civil division, which serves DVRO papers at no charge, a registered process server, or an adult friend or relative.
Under Family Code section 243, the respondent must be served at least five days before the hearing unless the court orders a shorter time. After service, the server completes form DV-200, Proof of Personal Service, and that form must be filed with the court before the hearing. If the respondent cannot be found, you can ask the court to continue the hearing and extend the temporary order using form DV-115.
Do not skip this step or treat it casually. The single most common reason DVRO hearings get continued in San Bernardino and Riverside County is a missing or defective proof of service.
Step Four: The Hearing
The hearing on the long-term order is typically set within 21 days of the temporary order, or up to 25 days if the court finds good cause, under Family Code section 242. At the hearing, the judge hears from both sides. The respondent may file a DV-120, Response to Request for Domestic Violence Restraining Order, and may present evidence and witnesses.
The petitioner has the burden of proof by a preponderance of the evidence, meaning it is more likely than not that abuse occurred. This is a lower standard than the beyond a reasonable doubt standard in criminal cases. The judge does not need to find that a crime was committed.
What judges look for at the hearing:
Specific, dated incidents rather than general characterizations. "He threatened to kill me" carries less weight than "On June 12, 2026, at approximately 9:00 p.m., he sent me a text message that said he would kill me if I left, a copy of which is attached."
Corroboration where it exists. Photographs of injuries or property damage, screenshots of messages with the phone number and date visible, police reports, medical records, and witness declarations. A DVRO can be granted on testimony alone, but corroboration makes the difference in contested cases.
Consistency between the DV-100, your testimony, and your exhibits. Judges notice when the story in court is materially different from the story in the paperwork.
Credibility. Judges in domestic violence departments hear these cases every day. They watch how each party testifies, whether they answer the question asked, and whether their account holds together on cross-examination.
If the judge grants the order, it is issued on form DV-130, Restraining Order After Hearing. Under Family Code section 6345, the order can last up to five years, and it can be renewed, potentially permanently, without any showing of further abuse if the protected party has a reasonable apprehension of future abuse.
What a DVRO Does Beyond the Stay-Away Order
The consequences of a DVRO extend well beyond keeping the other person away from you.
Firearms
Under Family Code section 6389, a person subject to a DVRO is prohibited from owning, possessing, purchasing, or receiving a firearm or ammunition for the duration of the order. The restrained party must surrender firearms within 24 hours of being served and file proof of surrender with the court. Violating this prohibition is a crime.
Child Custody
A DVRO has a direct effect on custody. Family Code section 3044 creates a rebuttable presumption that awarding sole or joint physical or legal custody to a person who has committed domestic violence against the other parent or the child within the previous five years is detrimental to the best interest of the child. A DVRO issued after a hearing is a finding of domestic violence that triggers this presumption. This is why the custody sections of the DV-100 and the DV-105 matter, and why respondents contest these requests vigorously.
Criminal Consequences for Violations
Violating a DVRO is a crime under Penal Code section 273.6. Police can arrest a restrained person for contacting the protected party, showing up at a protected location, or possessing a firearm. The order is entered into the CLETS database so that any officer in California can confirm it.
Housing, Immigration, and Employment
A DVRO can include a move-out order requiring the restrained party to leave a shared home, even if the restrained party's name is on the lease or title. Protected parties who are not citizens may also have immigration options that depend on documented domestic violence, which should be discussed with an immigration attorney. Restrained parties may face consequences in professional licensing, security clearances, and employment that requires firearm possession.
Common Mistakes That Weaken a DVRO Request
Leaving the DV-100 description vague. The court decides the temporary order on the paperwork alone. General statements about being afraid, without specific incidents, are frequently denied at the ex parte stage.
Checking custody or move-out boxes without explaining why. Every order requested needs a factual basis in the form.
Continuing to contact the respondent after the temporary order is issued. A DVRO restrains the respondent, not the petitioner, but a petitioner who keeps texting and calling the respondent undermines the claim of fear and gives the respondent an argument at the hearing.
Bringing hundreds of pages of unorganized screenshots to the hearing. Select the strongest evidence, organize it as numbered exhibits, and be able to explain what each one shows.
Failing to file the proof of service. Without the DV-200 on file, the court cannot proceed with the hearing.
If You Have Been Served With a DVRO
If you are the respondent, take the temporary order seriously from the moment you are served. Do not contact the petitioner for any reason, including through friends, family, or social media. Surrender any firearms as required and file the proof. File a DV-120 response before the hearing setting out your side with the same specificity expected of the petitioner. A DVRO after hearing creates a domestic violence finding that will follow you into every custody proceeding for five years and may affect your job and your right to possess firearms. It is worth defending properly.
Under Family Code section 6305, the court cannot issue mutual restraining orders unless both parties personally appear, both present written evidence of abuse, and the court makes detailed findings that both acted primarily as aggressors and neither acted primarily in self-defense. A respondent who wants protection must file their own DV-100.
Frequently Asked Questions
How long does it take to get a restraining order in California?
A temporary restraining order can be granted the same day or the next court day after you file the DV-100. The hearing on the long-term order is usually set within 21 days.
Do I need a police report to get a DVRO?
No. A police report can be helpful evidence, but the court can grant a DVRO based on your sworn description of the abuse alone.
Does a restraining order cost money?
There is no filing fee for a domestic violence restraining order, and the sheriff will serve the papers at no charge.
Can I get a restraining order for verbal abuse or harassment?
Yes, depending on the facts. Family Code section 6320 covers threats, harassment, stalking, and disturbing the peace, including coercive control. Physical violence is not required.
How long does a DVRO last?
A temporary order lasts until the hearing. An order after hearing can last up to five years and can be renewed under Family Code section 6345.
Will a DVRO affect custody of my children?
Yes. Under Family Code section 3044, a domestic violence finding creates a presumption against awarding custody to the restrained parent. Temporary custody orders can also be included in the DVRO itself.
Get Help With a Restraining Order in the Inland Empire
Whether you are seeking protection or defending against a request, the outcome of a DVRO hearing often turns on preparation: a specific and well-supported DV-100, properly served papers, organized exhibits, and clear testimony. Gramling Law Group handles domestic violence restraining order cases and related custody matters throughout San Bernardino County, Riverside County, and the Inland Empire, with flat-fee and limited-scope options available. Call (909) 654-4575 or contact us through this website to schedule a consultation.
If you are in immediate danger, call 911.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
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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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