This section defines domestic violence for the purposes of getting a domestic violence restraining order (DVRO).

Domestic violence is defined as when your current or former spouse, boyfriend, girlfriend, someone you have a child in common with, someone you live(d) with, or someone you are related to through blood or marriage¹ does one of the following:

• causes or attempts to cause you physical injury;
• sexually assaults you;
• makes you fear that you or another person is in danger of immediate, serious physical injury;
• molests, attacks, batters, or strikes you;
• stalks you;
• threatens or harasses you - either in person or through phone calls, emails, or other methods;
• destroys your personal property; or
• “disturbs your peace,” which refers to conduct that destroys your mental or emotional calm, including coercive control.² Note: Coercive control is a pattern of behavior that interferes with your free will and personal liberty. Some examples of coercive control include:
  • isolating you from your friends, family, and other forms of support;
  • depriving you of your basic needs;
  • controlling, regulating, or monitoring your movement, communications, daily activities, and finances;
  • by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, making you do something that you have the right not to do or making you not do something that you have a right to do; or
  • reproductive coercion, which is when the abuser takes control over your reproductive autonomy through force, threat of force, or intimidation. Some examples of this are unreasonably pressuring you to become pregnant, deliberately interfering with contraception use or access to reproductive health information, or using coercive tactics to control, or attempt to control, pregnancy outcomes.²

If the acts of the abuser do not fit in this definition or if you do not have the specific relationship with the abuser that is mentioned above, you may still be eligible for a civil harassment order. If you are elderly or a dependent adult, you may qualify for a protective order if you are being physically abused, neglected, financially abused by anyone or deprived of needed care by your custodian. See Restraining Orders to Prevent Elder or Dependent Adult Abuse for more information.

¹ Cal.Fam.Code § 6211
² Cal.Fam.Code §§ 6203; 6320(a), (c)

A temporary ex parte domestic violence restraining order (DVRO) or a final DVRO can:

• order the abuser not to do the following to you, your children, and your family/household members:
  • assault, threaten, abuse, follow, stalk, sexually assault, destroy the property of, come within a certain distance of, disturb the peace of, harass or make contact (directly or indirectly) on the telephone or by other means.
• grant you the exclusive care, possession, or control of any animal owned or held by either you, the abuser, or a child residing in either of your households and order the abuser to stay away from and not harm the animal;¹
• order the abuser to be removed from the home you are both living in together even if you do not own the home or you are not the tenant;²
• prohibit the abuser from possessing or purchasing a firearm or ammunition and give you information about how many firearms or ammunition are in the abuser’s possession and how those should be turned into law enforcement;³
• order the abuser to pay child support and spousal support (if you are married)⁴ - see Can I get support when I file a DVRO?;
• grant you temporary possession of things that you own together such as a second home, a car, a computer, etc. The judge can also order the abuser to pay ongoing debts associated with those items; ⁵
• order the abuser to pay back money you lost for missing work or other expenses (such as ambulance, medical, dental, shelter, counseling and/or legal fees) that resulted from the abuse;⁶
• order the abuser to pay your attorney fees if you are unable to pay them and if the abuser earns more money than you do;⁷
• order the abuser to attend a batterer’s treatment program or other counseling service;⁸
• transfer a shared cell phone account into your name alone so that you can keep your existing wireless telephone number and the wireless numbers of any minor children in your care;⁹
• give you temporary child custody and visitation. The judge can decide where the children will live, which parent will make decisions affecting the children, and how the children will spend time with each parent, including where, when, and whether that time is supervised or not. Note: Any order for custody, visitation, or support that is made within your DVRO will continue to be effective even when the DVRO ends. You may want to ask the judge to specifically write this fact into the DVRO to make future enforcement of it easier;¹⁰ and
• grant anything else you ask for that the judge agrees to.

Whether a judge orders any or all of the above depends on the facts of your case.

¹ Cal.Fam.Code §§ 6320(a); 6340(a)
² Cal.Fam.Code §§ 6321(a); 6340(c)
³ Cal.Fam.Code § 6304
⁴ Cal.Fam.Code § 6341
⁵ Cal.Fam.Code § 6324
⁶ Cal.Fam.Code § 6342
⁷ Cal.Fam.Code § 6344
⁸ Cal.Fam.Code § 6343
⁹ Cal.Fam.Code § 6347(a)
¹⁰ Cal. Fam.Code §§ 6323; 6252; 6340(a)

In California, you may apply for a domestic violence restraining order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for a DVRO?  You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in California?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

There are no fees for filing for a domestic violence restraining order (DVRO) or for any forms related to the petition.¹You do not need a lawyer to file for a DVRO. However, you may wish to have a lawyer, especially if the abuser has a lawyer. Contacting a lawyer can help you to make sure that your legal rights are protected. If you cannot afford a lawyer but want one to help you with your case, you can find contact information for legal assistance on the CA Finding a Lawyer page. Domestic violence organizations in your area also may be able to help you through the legal process and may have lawyer referrals. Go to CA Advocates and Shelters to find organizations near you.

If you have to pay for a lawyer, you could ask the judge to order the abuser to pay your attorney’s fees, as long as you win the case. If the abuser wins the case, s/he can also ask the judge to order you to pay his/her attorney’s fees. However, a judge would only order that if the abuser proves that your petition was frivolous or that you filed the petition only with the intention to abuse, intimidate, or cause unnecessary delay. Before the judge awards attorney’s fees and costs to either party, the judge must first decide if the party has the ability to pay.²

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ Ann.Cal.Fam.Code § 6222
² Ann.Cal.Fam.Code § 6344

If there is no current child support order and your child is living with you, the judge may order the abuser to pay you child support. However, you have to request it, and there may be additional forms you have to fill out. In deciding whether to grant child support in domestic violence situations, the judge also considers whether a lack of support would put you and your child in danger.¹

You may also be able to get spousal support if you are married to the abuser and no spousal support order exists. You may have to fill out additional forms. When deciding whether or not to order the abuser to pay spousal support, the court considers whether the lack of support would put you in danger, including safety concerns related to your financial needs.²

¹ Cal.Fam.Code § 6341(a)
² Cal.Fam.Code § 6341(c)

You can get the request (application) for a domestic violence restraining order from the court clerk. To find the courthouse in your county, go to CA Courthouse Locations. Petitions can also be submitted electronically over the internet instead of going to the courthouse.¹

¹ Ann.Cal.Fam.Code § 6306.5(a)(1)

Give your forms to the clerk. S/he will then give them to the judge who may or may not want to speak to you. The judge will review your application for a temporary ex parte restraining order and may grant you an ex parte temporary order that same day. However, if you file in a really busy court or if you file late in the day, the order might not be signed until the next court day. If you get a temporary restraining order, it will last from the time you file for your restraining order until your full court hearing. If you file your petition for a DVRO electronically, the temporary ex parte order will be issued electronically.¹

Whether or not you get a temporary order, the clerk will tell you when to come back for your court hearing, generally about three weeks later. The clerk should write down when and where your hearing will be on the copies of your court forms.

Note: You must go to the scheduled court hearing. If you do not go, the judge may dismiss your case. If you absolutely cannot go for some reason, call the court clerk to find out how to get a continuance for a later date and have the temporary order reissued. According to the law, either party may request a continuance of the hearing, which the judge should grant if there is “good cause” to do so. The request may be made in writing before or at the hearing or orally at the hearing.²

¹ Cal.Fam.Code § 6306.5(a)(1), (a)(2)
² CA Civil Code §§ 245; 240

To get a final restraining order, you must attend to the court hearing either in person or remotely¹ and prove that the abuser has committed an act(s) of domestic violence (as defined by the law) against you or your children. It would likely be best if you had a lawyer with you to represent you at the hearing. If you can’t get a lawyer before your court date, you can ask the judge for a “continuance” to set a later court date so you can have time to find a lawyer. It is up to the judge whether or not to grant your request. According to the law, either party may request a continuance of the hearing, which the judge should grant if there is “good cause” to do so. The request may be made in writing before or at the hearing or orally at the hearing.² Go to CA Finding a Lawyer to find legal help.

Here are some tips to remember when going to court for the hearing:

• Get to court on time – or, even better, get there early;
• Bring copies of all of the forms that you already filed in court or that you have to file; evidence that will help you prove that you need the DVRO, such as witnesses who saw the abuse, photos of any injuries; medical, repair, or other bills that are related to the domestic violence you suffered; relevant police reports; and other papers that are important to your case. (For any document you want the judge to look at, bring the original and two copies. Give the court clerk or bailiff one copy to give to the abuser.) If you are asking for child support, you can try to meet with the court’s family law facilitator to find out how much child support you could get, and take these documents to court as well:
  • your last three pay stubs;
  • your most recent federal and state tax returns; and
  • proof of child care or uninsured health care expenses for the child;
• If at all possible, arrange for someone to watch your child while you go to court. If that is not possible, some courthouses have children’s waiting rooms but you should call your courthouse to find out if this is an option before you go to court. For contact information, go to CA Courthouse Locations; and
• If your child has important information about the violence or threats, ask an attorney, a victim witness counselor, or the domestic violence counselor about how to have the judge hear from your child. To find someone who can help you with this, go to CA Advocates and Shelters;
• Check in with the clerk or bailiff as soon as you get to court. If the abuser is also at the court, and you are worried about your safety, tell the clerk or bailiff so that they can help you. After you have checked in, take a seat and wait until your case is called.

Note: Even if you cannot find an attorney to represent you, you may want to try to talk to an attorney to get advice as to what types of evidence you can bring to court and other ways to represent yourself. You can also go to our At the Hearing page for more information when representing yourself.

¹ Cal.Fam.Code § 6308(a)
² CA Civil Code §§ 245; 240

These are some things you may want to consider after you have been granted a restraining order. Depending on what you think is safest in your situation, you may do any or all of the following: 

• Review the order before you leave the courthouse.  If you have any questions about it, be sure to ask the judge or clerk.
• Make several copies of the restraining order as soon as possible.
• Keep a copy of the order with you all of the time.
• Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
• You may wish to consider changing your locks and your phone number.

If the abuser did not come to the hearing, you must have the new DVRO served on him/her again.  You can find contact information on our CA Sheriff Departments page.

You may also wish to make a safety plan. Survivors can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school.  Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe.  Click on the following link for suggestions on Safety Planning.

There are various forms that need to be filled out to get the child support to be taken directly out of the abuser’s wages. The California Courts website gives step-by-step instructions on what to do.

Violating a DVRO is against the law. There are two ways to get help if the abuser violates the DVRO.

Through the police or sheriff
If the defendant violates the DVRO, you can call 911 immediately. In some cases, the defendant can be arrested right away.¹ Tell the officers you have a DVRO and the defendant is violating it. Always have both a certified copy of your Restraining Order After Hearing (CLETS)², Form DV-130 (with any attachments) and your filed copy of the Proof of Service, showing that the abuser was served with the Restraining Order After Hearing (Form DV-140) with you at all times.³

If the abuser is arrested and criminal charges are filed, you may be asked to go to court to tell what happened. It may be several weeks or months before the criminal case is called and you are asked to tell about what happened. It will be easier to remember things for your hearing if you write down everything that happened right after it happens.

Through the civil court
You may file for civil contempt for a violation of the order. The abuser is in “civil contempt” if s/he does anything that your DVRO orders him/her not to do. To file for civil contempt, go to the clerk’s office. If the abuser is found to be in civil contempt, s/he could be fined up to $1,000 or imprisoned for up to five days. If s/he violates the DVRO multiple times, the jail time can increase up to 10 days. Alternatively, the judge could order probation or a conditional sentence for a up to one year upon a first finding of contempt, up to two years upon a second finding of contempt, and up to three years upon a third or any subsequent finding of contempt.⁴

If the abuser does not follow other parts of the order, such as the child support order, you can also contact the family law facilitator, the family support office of the district attorney, or a private attorney for more information on how to enforce the order. For court information, go to CA Courthouse Locations.

¹ See Ann.Cal.Fam.Code § 6388
² See Ann.Cal.Fam.Code § 6387
³ See Ann.Cal.Fam.Code § 6385
⁴ Ann.Cal.C.C.P. § 1218

If you move within California or to another state, your order will still be valid and enforceable.  Federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.¹

Different states may have different rules for enforcing out-of-state restraining orders.  If you are moving out of state, you may want to call a domestic violence program in the state where you are going to find out if there are any special regulations regarding out-of-state orders.

Please see our Places that Help pages for your state for more information.  You may also want to call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) to find out this information.

Note: For information on enforcing a military protection order (MPO) off the military installation or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ See 18 U.S.C. § 2265

Abusers often misuse court proceedings in order to continue the abuse. This is called vexatious litigation under California law, but is commonly referred to as litigation abuse. If you are the victim of vexatious litigation, you can ask the judge to dismiss the abuser’s case. See our Litigation Abuse section for more information on how to do this.

You may receive a temporary order if you show reasonable proof of harassment and that you will suffer great or irreparable harm.¹ A temporary order will last until you can have a full court hearing, usually within 21 - 25 days.² An order after hearing will last up to five years and can be extended for up to an additional five years. If the order does not have an expiration date on it, this means that it will last for three years from the date it was issued.³

¹ Cal.C.C.P. § 527.6(d)
² Cal.C.C.P. § 527.6(f)
³ Cal.C.C.P. § 527.6(j)

The judge will hold a hearing within 21 to 25 days from when the temporary order was issued to decide whether or not to extend your order. However, the respondent is entitled to one continuance, for a reasonable period, to respond to the petition. In addition, either party may request a continuance of the hearing, which the judge can grant if there is “good cause” to do so.

During this hearing, the harasser can respond to the allegations of harassment that you told the judge to get the temporary order and can try and explain, excuse, justify, or deny the harassment. The judge will then consider all of the evidence and decide whether or not the harassment actually occurred. If the judge decides that the harassment did occur, then s/he should grant you a final order, known as an order after hearing.¹

¹ Cal.C.C.P. § 527.6(f)-(j), (o), (p)

If you suffered harassment or stalking, as defined by law, by anyone, you can apply to the court for a civil harassment order against him/her. It does not matter who the person harassing you is.¹ However, if the person harassing you is an intimate partner or family or household member, you will likely want to file for a domestic violence restraining order (“DVRO”) instead of a civil harassment order (“CHO”). See If I qualify for both a civil harassment order and a domestic violence restraining order, which one should I file for?

¹ See Cal.C.C.P. § 527.6

The steps to get a civil harassment order are similar to the steps to get a domestic violence restraining order.  If you have any questions, call the clerk of court.  You can find the contact information for your clerk on the CA Courthouse Locations page.

To see the necessary forms to fill out, please visit the California Courts Self Help Center.

The harasser must be personally served with a copy of your petition and the temporary restraining order, if there is one, as well as notice of the hearing where the judge will decide whether or not to grant you a final civil harassment order. The harasser must be served at least five days before the hearing unless the judge decides there is good reason to shorten that time.¹ Your forms can be personally served by anyone over 18 years of age who is not involved in your case,² such as a friend, a relative, law enforcement or a professional process server.

If you have been unable to get the harasser served in person, and there is reason to believe that the harasser is avoiding (evading) service or cannot be located, then the judge can allow a different method of service that is “reasonably calculated” to actually notify the harasser.³

¹ Cal.C.C.P. § 527.6(m)(1)
² Cal.C.C.P. § 414.10
³ Cal.C.C.P. § 527.6(m)(2)

Anyone who has a civil harassment order against him/her cannot legally own, possess, or buy a gun or ammunition.¹ If the harasser owns a gun, s/he must either give it to the police or sell it to a licensed gun dealer within 24 hours of the order being granted.² If the harasser keeps the gun or ammunition in spite of the order, s/he could be guilty of a “public offense,” which could be punished by imprisonment in a county jail or state prison for up to one year, by a fine up to $1,000, or both.³

¹ Cal.C.C.P. § 527.6(u)(1)
² Cal.C.C.P. § 527.6(u)(2)
³ Cal.C.C.P. § 527.6(u)(3); Cal.Penal Code § 29825(a)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

An elderly person is anyone who is 65 years old or older.¹ A dependent adult is defined as:

1. anyone who is an inpatient in a 24-hour health facility, such as a nursing home; or
2. someone between the ages of 18 and 64 who has physical or mental limitations that restrict his/her ability to carry out normal activities or to protect his/her rights, even if s/he lives independently. The person’s limitations or restrictions could be due to:
   • a physical or developmental disability;
   • diminished physical or mental ability due to age; or
   • other reasons.²

¹ Cal Wel. & Inst. Code § 15610.27
^{2 ​}Cal Wel. & Inst. Code § 15610.23

There are two types of orders: a temporary ex parte order and a final order.

If you ask for a temporary ex parte restraining order, the judge will decide whether or not to issue the order on the same day that you file for it. If it’s filed too late in the day, it may be issued on the next day the court is in session.¹ If the judge grants you a temporary order, it will last until your hearing date for a final order, which is generally within 21 days but could be within 25 days if there is “good cause.”² At your final hearing date, the judge will decide to continue or cancel the order. If the judge grants you a final order, it could last for up to five years.³

¹ Cal Wel. & Inst. Code § 15657.03(e)
² Cal Wel. & Inst. Code § 15657.03(f)
³ Cal Wel. & Inst. Code § 15657.03(i)(1)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

A temporary ex parte order or an order issued after a hearing can do any of the following:

1. prohibit the abuser from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, and telephoning you (including, but not limited to, making annoying telephone calls);
2. prohibit the abuser from destroying your personal property or disturbing your peace;
3. prohibit the abuser from contacting you, either directly or indirectly, by mail or otherwise;
4. order the abuser to stay a specified distance away from you; and
5. make the abuser move out of the home you share if certain conditions are met.¹

In addition, in an order issued after a hearing, the judge can order the abuser to participate in mandatory clinical counseling or anger management courses provided by a counselor, psychologist, psychiatrist, therapist, clinical social worker, or other licensed mental or behavioral health professional.²

Note: The protections in numbers 1 – 4, above, can also protect the victim’s family or household members or the conservator upon showing that there is “good cause” to include them.³

¹ Cal Wel. & Inst. Code § 15657.03(b)(3), (d)
² Cal Wel. & Inst. Code § 15657.03(z)(1)
³ Cal Wel. & Inst. Code § 15657.03(b)(3)(A)

There is no fee to file a petition for a restraining order to prevent elder or dependent abuse or to later modify, reissue or enforce the order. You also do not need to pay a fee for law enforcement to serve any order issued in your case.¹

¹ Cal Wel. & Inst. Code § 15657.03(q), (r)

There are three types of gun violence restraining orders: temporary emergency ex parte gun violence restraining orders, temporary ex parte gun violence restraining orders, and gun violence restraining orders issued after notice and a hearing.

Law enforcement officers may ask a judge, orally or in writing, to issue a temporary emergency ex parte order any time of the day or night. The respondent does not need to be in the courtroom or have notice of the case for the judge to issue this emergency order. This type of order remains in effect for up to 21 days after it is issued.¹

Anyone related to the respondent in a way described in Who can file for a gun violence restraining order? can file in court to ask the judge to issue a temporary ex parte gun violence restraining order during normal court business hours.² The respondent does not need to be in the courtroom or have notice of the case for the judge to issue an ex parte order. Ex parte orders last for up to 21 days.³

Before the temporary emergency ex parte order or the temporary ex parte order expires, the court will set a date for a hearing at which the respondent has the opportunity to be present and object or consent to the order being issued.⁴ This gun violence restraining order issued after notice and a hearing can be requested by anyone mentioned above.⁵ If the judge issues a gun violence restraining order after the respondent has notice and the opportunity to appear, the judge can issue the order to last for between one to five years.⁶

¹ Cal. Penal Code § 18125(b)
² Cal. Penal Code § 18150(a)(1)
³ Cal. Penal Code § 18165
⁴ Cal. Penal Code §§ 18148; 18165
⁵ Cal. Penal Code § 18170(a)
⁶ Cal. Penal Code § 18175(e)

A gun violence restraining order can require that the respondent:

• not have a gun or ammunition;
• not buy or attempt to buy a gun or ammunition; and
• turn in any guns and ammunition to the police or sell them to (or store them with) a licensed gun dealer.¹

¹ Cal. Penal Code §§ 18100; 18125(b); 18150(a)(1); 18170(a)(1); Petition for Gun Violence Restraining Order

The steps to get a gun violence restraining order are similar to the steps to get a domestic violence restraining order, but you will fill out different forms. When filing a petition for a gun violence restraining order, you must describe the number, types, and locations of any firearms and ammunition you believe the respondent currently possesses or controls.¹

¹ Cal. Penal Code § 18107

A gun violence restraining order issued after notice and a hearing may be renewed within the three months before it expires for an additional one- to five-year term at the request of anyone who could initially seek the order if they can demonstrate the conditions that supported the order continue to exist.¹ The respondent may submit one request per year to request a hearing to terminate the order if those conditions no longer exist.²

¹ Cal. Penal Code § 18190
² Cal. Penal Code § 18185

An employer can file for a workplace violence restraining order if an employee has been the victim of workplace violence.¹

If you are a victim of workplace violence, you might decide to ask your employer if they would file for a workplace violence restraining order to protect you. Alternatively, you could file for a domestic violence restraining order or a civil harassment order on your own.

¹ Cal.C.C.P. § 527.8(a)

There are two types of orders, a temporary ex parte order and a final order issued after a hearing.¹ A temporary ex parte order can be issued if:

• the petition shows “reasonable proof” that the employee has suffered workplace violence; and
• serious or permanent harm could result to the employee.²

A temporary ex parte order is issued without prior notice to the abuser and without the abuser being present in court. It lasts for up to 25 days, until the hearing for the final order.³

Before the hearing, the respondent can file a response that explains, excuses, justifies, or denies the alleged workplace violence.⁴ At the hearing, both sides will have a chance to present testimony and evidence. Then, if the judge believes that the respondent committed workplace violence, s/he will issue a final order that lasts up to three years.⁵

¹ Cal.C.C.P. § 527.8(b)(6)
² Cal.C.C.P. § 527.8(e)
³ Cal.C.C.P. § 527.8(g), (h)
⁴ Cal.C.C.P. § 527.8(i)
⁵ Cal.C.C.P. § 527.8(j), (k)(1)

There is no filing fee if the petition alleges that the respondent was violent or threatened violence to the employee, stalked the employee, or acted/spoke in any other way that made the employee reasonably fear violence. There is also no fee for serving the order, for a subpoena related to the case, or to respond to a petition based on these acts.¹

If the judge does not agree that the case involves workplace violence as described above, there may be a fee unless the employer qualifies for a fee waiver.²

¹ Cal.C.C.P. § 527.8(w), (x)(1)
² California Courts website

Violation of a temporary or final workplace violence restraining order can be a misdemeanor that is punishable by a fine of up to $1,000, up to one year in jail, or both. If the violation results in the victim being physically injured, the fine can go up to $2,000.¹

¹ Cal.C.C.P. § 527.8(t); Cal.Penal Code § 273.6(a), (b)

The employer can file a request for renewal at any time within the three months before the final order expires. The employer does not have to show that any further violence or threats of violence have happened. A final order can be renewed for up to three years.¹

¹ Cal.C.C.P. § 527.8(k)(1) 

A DVRO is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a “reasonable time” after the order is issued.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)(A)
² 18 U.S.C. § 2265(a) & (b)

In some states, you will need a certified copy of your DVRO. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it.

If you no longer have a certified copy, go to the court that gave you the order and ask the clerk’s office for a certified copy. The clerk is supposed to give you up to three certified copies for free.¹

Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser. Give a copy of the order to anyone who is named in and protected by the order.

¹ Cal.Fam.Code § 6387

It may be a good idea to contact the court if you are moving since the court that gave you your DVRO may need to have an up-to-date mailing address for you in case the abuser asks the court to dismiss the order or change it in any way. However, before giving your new address, if it is a confidential one, make sure that the court will keep it confidential from the abuser. If you feel unsafe giving your new address, you may want to use the address of a trusted friend or a P.O. box instead.

Whether you can take your kids out of state may depend on the exact wording of the custody provision in your DVRO.  You may have to first seek the permission of the judge before leaving.  If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the judge that there is a fair and realistic alternative to the current visitation schedule.

To read more about custody laws in California, go to our Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance on our CA Places that Help page.

Your out-of-state protection order can be enforced in California as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you;¹
• The court that issued the order had jurisdiction over the people and case. In other words, the court had the authority to hear the case; and
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a “reasonable time” after the order is issued.²

Your protective order from a different state can be enforced both by judges as well as police officers in California.³  A judge is required to even enforce parts of your order that could not legally be included in a California DVRO.⁴  A California police officer can immediately enforce a protective order from another state so long as you have a copy that the officer believes is legitimate (valid).⁵  So, it’s a good idea to always keep a copy of your order on you so that you can show it to a police officer if you need to.

Note: For information on enforcing a military protection order (MPO) off the military installation or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)(A)
² 18 U.S.C. § 2265(a) & (b)
³ Ann.Cal.Fam.Code §§ 6402; 6403
⁴ Ann.Cal.Fam.Code § 6402
⁵ Ann.Cal.Fam.Code § 6403

As long as the child custody provision complies with certain federal laws,¹ California can enforce a temporary custody order that is a part of a protection order. To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area.  To find a lawyer in your area, go to our Finding a Lawyer page.

You can also register your custody order from a different state in California. To do so, you should send all of the following to the court in your county:

• a letter requesting registration;
• two copies, one of which is certified, of your custody judgment, and a sworn statement that to the best of your knowledge, the order has not been modified; and
• your name and address – although when there has been domestic violence, you don’t have to give your address to the court.²

An out-of-state custody order that is registered in California can be enforced as if the order were issued by a California court.  However, the abuser will be notified of the registration and have the chance to contest it being registered in your new state.²  If you are trying to keep your location confidential from the abuser, registering the order would likely not be a good idea since it will let him know what county in California you are living in.

¹ The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and it must be consistent with the Parental Kidnapping Prevention Act of 1980; see also Cal.Fam.Code § 3443; 28 U.S.C. § 1738A
² Cal.Fam.Code § 3445

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to California, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in CA.

Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.

California state law gives full protection to an out-of-state protection order and allows the courts to enforce the order even if it contains provisions that could not be included in a California DVRO.¹

Police officers also have to enforce out-of-state protection orders as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect. It does not have to be a certified copy, and it can even be an electronic copy.² The order does not have to be entered into the state or federal registry in order to be enforced by a California police officer, but the officer does need to believe that it is a valid order.³

¹ Cal.Fam.Code § 6402(a)
² Cal.Fam.Code § 6403(a)
³ Cal.Fam.Code § 6403

While neither federal law nor state law requires that you register your protection order  to get it enforced, if your order is not entered into the state registry, it may be more difficult for a California law enforcement official to determine whether your order is real, so it could take longer to get your order enforced. However, the officer is required to enforce the order if you can show him a copy that appears to be a valid order.¹

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area.  An advocate there can help you decide what the safest plan of action is for you in California.  To see a list of local domestic violence organizations in California, go to our CA Advocates and Shelters page.

¹ Cal.Fam.Code § 6403(a)