Restraining Orders
Which Kind of Restraining Order Do I Need?
A Restraining Order is an order issued by the Court to protect a person from harm or harassment.
There are several types of Restraining Orders. Use this table to find out which one best fits your situation.
People | Type of Restraining Order |
Family members, current or former individuals with whom you have been intimate or had a relationship |
Domestic Violence Restraining Order |
You are over the age of 65 and there are allegations of physical, financial or emotional/psychological abuse |
Elder / Dependent Abuse |
Neighbor, distant relative, or other unrelated person |
|
Workers and/or managers | Workplace Violence |
You may also use this interview to help you find which type of restraining order best fits for your situation:
Which Kind of Restraining Order Do I Need?
What is the next step?
- Filing a Restraining Order (Domestic Violence, Elder Abuse or Civil Harassment):
Follow the instructions Obtaining Restraining Orders. Instructions are included for serving the other party. At the hearing, the Judge will review your papers and make a decision on an emergency Temporary Restraining Order. If form CM-010 is listed as required for your case, there is a guide to help you here. - You can also use the step by step guide to fill out the forms for:
- Responding to a Restraining Order (Domestic Violence, Elder Abuse or Civil Harassment):
Read the papers served on you very carefully. The Notice of Court Hearing tells you when to appear in court. There may also be a Temporary Restraining Order forbidding you from doing certain things. You must obey the order until the hearing, even if you disagree with the orders the person is asking for. You can read about responding to each type of restraining order online at:
- If a Restraining Order has been made against you, then effective right away you cannot own or possess firearms or ammunition. If you have firearms or ammunition, you must turn them in to law enforcement or a licensed gun dealer within 24 hours of being served with the order. You cannot give them to a friend or family member. You will also need to fill out and file form DV-800 with the court to show that you complied with this order. You can read about this online at How to obey orders prohibiting firearms and ammunition | California Courts | Self Help Guide.
- Filing and Responding to Other Types of Restraining Orders:
Go to the Forms and Packets page and download the Form Packet that best fits your situation (Workplace Violence, School Violence).