How to Get a Restraining Order in California Against a Spouse or Partner for Domestic Violence

Matthew A. Breddan, Esq. March 7, 2019

Category:

Domestic Violence

If you’re wondering whether you can get a restraining order against your spouse or partner, let’s start with some important information regarding domestic violence law in California. This is codified under Family Code S6200 and subsequent sections, commonly referred to as the:

What Qualifies as Abuse Under California Law?

Family Code S6203 defines abuse as:

(a) Intentionally or recklessly to cause or attempt to cause bodily injury.
(b) Sexual assault.
(c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or another.
(d) To engage in any behavior that has been or could be enjoined under Section 6320. (Detailed below.)

What Does “Domestic Violence” Mean Legally?

According to California Family Code S6211, “Domestic violence” is defined as abuse perpetrated against any of the following persons:

A spouse or former spouse.
A cohabitant or former cohabitant, as defined in Section 6209.
A person with whom the respondent is having or has had a dating or engagement relationship.
A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act.
A child of a party or a child who is the subject of an action under the Uniform Parentage Act.
Any other person related by consanguinity or affinity within the second degree.

Types of Restraining Orders in California

Domestic violence restraining orders (DVROs) can be categorized into four main types:

Emergency Protective Order (EPO) – Issued by police and valid for 5–7 days.
Temporary Restraining Order (TRO) – Valid for ~21 days until a hearing.
Permanent Restraining Order (PRO) – Can last up to 5 years post-hearing.
Criminal Protective Order (CPO) – Issued in criminal DV cases.

What Behaviors Can Be Enjoined?

Family Code 6320 defines the “enjoinable conduct” as follows:

The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning (including annoying phone calls), destroying property, contacting directly or indirectly, coming within a specified distance, or disturbing the peace of the protected party.

Can Children Be Protected Too?

Yes. If you’re also concerned about your spouse or partner’s behavior towards your children, the kids could also be protected under any restraining order issued.

It’s Complicated – Legal Process Overview

As you can see, domestic violence is far more than just physical violence. Additionally, there is more than one type of domestic violence restraining order.

A temporary or emergency order requires “a showing of good cause,” or “to the satisfaction of the court”, for the order to be granted.

In the event you need a permanent restraining order, you would have to file for a hearing and provide more evidence. If you feel you need a domestic violence restraining order, it is best to consult with an attorney who can help guide you through the process and help you secure the best order for your and your loved ones’ safety.

Step-by-Step: How to File a Domestic Violence Restraining Order in California

Complete legal forms (see next section).
Submit to your county court (e.g., Los Angeles Superior Court).
Request a temporary order if necessary.
Serve the other party via law enforcement or process server.
Attend your court hearing with evidence and witnesses.
Receive and enforce the court’s decision.

Required Legal Forms for a DVRO

You may need one or more of the following:

DV-100 – Request for Domestic Violence Restraining Order
DV-109 – Notice of Court Hearing
DV-110 – Temporary Restraining Order
DV-120 – Response to DVRO
DV-105 – Request for Child Custody and Visitation Orders
DV-130 – Restraining Order After Hearing

These can be downloaded from California Courts Forms.

What Happens After You Get a Restraining Order?

Keep multiple copies and give to schools, employers, and local law enforcement.
File a proof of service to ensure legal delivery.
Follow up if the abuser violates the order; this is a criminal offense.
Renew the order before it expires if threats persist.

Firearm Restrictions Under a DVRO

California law requires anyone subject to a DVRO to:

Surrender all firearms to law enforcement or sell them to a licensed dealer.
Submit proof of compliance to the court.
Violations may result in jail time, fines, or felony charges.

Language Support and ADA Access

If you need language or disability accommodations:

Court interpreters are available upon request.
Many forms are available in Spanish, Chinese, Korean, and more.
You may request ADA accommodations through your local court.

Learn more at California Court Services.

FAQ: Common Questions About Restraining Orders

Can I get a restraining order for emotional or verbal abuse?

Yes. Verbal, emotional, and psychological abuse qualify under Family Code S6320.

How fast can I get a restraining order?

You may receive a temporary order the same day you file, depending on the court.

What if my partner threatens my kids?

You can request protection for your children on the same DVRO petition.

Will the abuser be arrested?

Not automatically. However, violating an order is a criminal act and can lead to arrest.

What if I was falsely accused?

You must respond with DV-120, attend the hearing, and provide rebuttal evidence.

Related Resources and Support Services

Final Thoughts

Domestic violence protection is your legal right, whether the abuse is physical, emotional, or psychological. A restraining order may be the first step toward ensuring your safety and the safety of your children.

Don’t wait for things to escalate. Reach out to legal help, gather evidence, and file your request.

Visit DivorceDigest.com for more in-depth legal resources, guides, and support.