If you are in danger right now, call 911. For support, safety planning, and information any time, contact the National Domestic Violence Hotline at 1-800-799-7233 (TDD 1-800-787-3224) or chat at thehotline.org. Clear your browsing history after researching this online if you are worried about someone else seeing it, and consider using a public or trusted friend's computer.
California has several kinds of protective and restraining orders, and it is common to be unsure which one applies to your situation. This guide covers domestic violence restraining orders, emergency protective orders, civil harassment orders, and criminal protective orders, plus the practical questions people search for most: ex parte requests, non-CLETS orders, and where to actually file.
If You Are in Danger Right Now
Call 911 for immediate danger. A responding officer can request an Emergency Protective Order on your behalf, which does not require you to go to court that day. For ongoing support, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233.
What Is a Domestic Violence Restraining Order (DVRO) in California?
A domestic violence restraining order is available against someone you have dated or had an intimate relationship with, including a spouse or domestic partner, or a close relative such as a child, parent, sibling, grandparent, or in-law. The abuse behind a DVRO does not have to be physical. It can be emotional, psychological, or verbal, and it can happen anywhere, including online. A judge can order a DVRO to protect you, your children, your property, or your pets, and it can include no-contact and stay-away provisions, an order to move out of a shared home, a firearms restriction, and spousal or child support if applicable.
There is no court fee to file for a DVRO, and you do not need a lawyer. Once you turn in your forms, a judge typically decides whether to grant temporary protection the same day or by the next business day. A long-term order, granted after a court date, can last up to 5 years. Our step-by-step guide to Form DV-100 walks through filing the request itself.
How Do I Get an Emergency Protective Order?
An Emergency Protective Order (EPO) is requested by law enforcement, not by you directly, usually when you call 911 or the police respond to an incident. The responding officer fills out the request and contacts a judge, who can grant it immediately. An EPO is short-term, generally lasting 5 to 7 days, meant to give you time to file for a longer domestic violence restraining order or civil harassment order before it expires.
If a defendant in a related criminal case is arrested and charged, a judge can separately issue a criminal protective order (CPO) to protect victims and witnesses while that case moves forward. A CPO gets canceled if the criminal case is dismissed, which is one reason people who already have a CPO sometimes also file for their own domestic violence restraining order: a DVRO can include protections, such as child custody orders, that a CPO does not.
What Is an Ex Parte Application for a Temporary Restraining Order?
"Ex parte" describes asking a judge for a temporary emergency order quickly, without the normal waiting period for notice to the other side. You must already have, or be starting, a family law case, such as a divorce, domestic violence case, or parentage case, to make this kind of request. An emergency generally means one of these is happening:
- Immediate danger of serious harm to someone in the case, usually you or a child
- Immediate risk that a child will be taken out of California
- Loss or damage to property
Judges can decide whether to grant the emergency order the same day the forms are turned in, or by the next business day, and you will also get a hearing date to address whether the order should continue or change. Many courts have additional local requirements, so check with your court's family law facilitator or self-help center before you file.
No-Contact Order vs. Restraining Order: What's the Difference?
"No contact" is one type of order that a restraining order can include, not a separate legal category on its own in California. A restraining order is the broader case, and depending on the type, it can order someone not to contact you, to stay away by a set distance, to move out of a shared home, or to give up firearms. Which type of restraining order fits your situation depends on your relationship to the other person:
- Domestic violence: you are or were in a relationship with the person, or you are closely related
- Civil harassment: you are not in a relationship and not closely related, such as a neighbor or coworker
- Elder or dependent adult: the person to be protected is 65 or older, or a dependent adult
- Emergency and criminal protective orders: requested by police or ordered by a judge in a criminal case
What Is a Non-CLETS Order?
CLETS, the California Law Enforcement Telecommunications System, is the statewide database that most restraining orders are entered into automatically once a judge signs them, so any officer can see the order during a traffic stop or call for service. If your local police department says they cannot find your restraining order in their system, that usually means it has not been entered into CLETS yet, sometimes described informally as a non-CLETS order. The first step is confirming with the court that the order was signed and filed, then following up with your self-help center about getting it entered into the database.
Where Do I File? LA Superior Court, Van Nuys, Local Police, and Other Courthouses
Restraining order cases, including a request people sometimes describe informally as a no-contact order, no-harassment order, peaceful contact order, mutual stay-away order, or emergency injunction, are filed at your county's Superior Court, not with a police department. An active incident where you need help immediately goes through local law enforcement instead, such as your city police department (for example, a resident in Burbank would call the Burbank Police Department or 911, not the courthouse).
Los Angeles County alone has multiple courthouse locations that hear family law and restraining order matters, including the Los Angeles Superior Court's Van Nuys courthouses (both the East and West locations handle family law filings), and the correct one depends on where you or the other person lives. Other counties, like San Diego, have their own dedicated family law or restraining order courthouses.
Rather than guessing which courthouse handles your case, use the California Courts "Find My Court" locator at courts.ca.gov to search by county or ZIP code and get the correct address, hours, and self-help center contact information for your specific courthouse, whether that is a Los Angeles Superior Court location, a San Diego courthouse, or elsewhere in the state.
Can Emotional or Psychological Abuse Support a Restraining Order in a Divorce?
Yes. California's definition of abuse for a domestic violence restraining order is not limited to physical violence. It can include emotional, psychological, or verbal abuse, and behavior like controlling access to money or basic needs, or isolating someone from friends and family. A restraining order can be filed and pursued whether or not a divorce or legal separation case is also open, and it can run alongside a divorce case involving the same two people.
Frequently Asked Questions
What is the fastest way to get protection in an emergency in California?
If you are in immediate danger, call 911. A responding law enforcement officer can request an Emergency Protective Order (EPO) directly from a judge, usually the same day, without you having to go to court yourself. An EPO is short-term, generally lasting 5 to 7 days, meant to bridge the gap until you can file for a longer restraining order.
What is the difference between an emergency protective order and a domestic violence restraining order?
A law enforcement officer requests an emergency protective order (EPO) on your behalf, usually when responding to a 911 call, and it lasts only about 5 to 7 days. A domestic violence restraining order (DVRO) is a case you file yourself with the court. It can start with a temporary restraining order that lasts until your hearing, and after the hearing a judge can grant a longer order that lasts up to 5 years.
Is there a fee to file for a domestic violence restraining order in California?
No. There is no court fee to ask for a domestic violence restraining order, and you do not need a lawyer to file.
What is an ex parte request in a family law case?
Ex parte means asking a judge to make a temporary emergency order quickly, often the same day or the next business day, without waiting for the normal notice period. You must already have, or be starting, a family law case (a divorce, domestic violence, or parentage case) to ask for one. An emergency generally means immediate danger of serious harm, an immediate risk a child will be taken out of California, or loss or damage to property.
What does a non-CLETS restraining order mean?
CLETS is the statewide law enforcement database that most California restraining orders are entered into automatically, so any officer can see the order during a stop. A restraining order that has not been entered into that database is sometimes described as a non-CLETS order, and local police may not be able to find it in their system as a result. If your local police department says they cannot locate your order, check with your court to confirm it was signed by a judge and properly filed, and ask your self-help center about getting it entered.
Can I get a restraining order against a neighbor, coworker, or ex who was never my partner?
Yes, that is a civil harassment restraining order rather than a domestic violence restraining order. It covers people you are not closely related to and have not had an intimate relationship with, such as a neighbor, landlord, or coworker, when that person has harassed, threatened, stalked, or physically or emotionally harmed you.
Can I ask for spousal support or custody orders in a domestic violence restraining order case?
Yes. A domestic violence restraining order can include orders for spousal support if you are married, child support if you have children together, and custody and visitation orders for children you share with the restrained person, in addition to no-contact and stay-away provisions.
How Virdix Helps
If your safety is not at risk right now, Virdix helps prepare the divorce paperwork that often runs alongside a restraining order case, keeping your answers consistent across every form. Our step-by-step guides to Form DV-100 and Form CH-100 walk through the restraining order forms themselves. Virdix does not file restraining orders on your behalf or provide legal advice about your safety or legal strategy.
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. If you are in immediate danger, call 911. For confidential support, contact the National Domestic Violence Hotline at 1-800-799-7233.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Branch of California courthouse locator (courts.ca.gov).