California has several types of restraining and protective orders, and the right one usually depends on your relationship with the person you need protection from, the type of harm involved, and who is legally allowed to file the petition. If the person is an ex-spouse, co-parent, or close family member, you may be looking at a DVRO.
If it is a neighbor, a stranger, a coworker, or a distant relative, it is often a Civil Harassment case. If the person being harmed is 65 or older, or is a dependent adult facing abuse, neglect, isolation, or financial exploitation, an Elder or Dependent Adult Abuse Restraining Order may be the right fit.
If the risk involves access to guns, a GVRO may also be involved. If there is already a criminal case, a Criminal Protective Order may be issued.
If you are in immediate danger or feel unsafe right now, call 911 right away.
Someone has threatened you, harassed you, or made you feel unsafe in your own home. You go online or walk into your local courthouse, only to learn that California has multiple types of restraining orders, which can be confusing.
This blog breaks down the main types of restraining orders available in California, explains how long each one can last, what happens when multiple orders overlap, and what to do if your situation does not fit neatly into one category.
Table of Contents
What Types of Restraining Orders Are There in California?
California has several types of restraining and protective orders. This blog covers the six most common ones individuals ask about.
- Domestic Violence Restraining Order (DVRO)
- Civil Harassment Restraining Order (CHRO)
- Elder or Dependent Adult Abuse Restraining Order
- Workplace Violence Restraining Order
- Gun Violence Restraining Order (GVRO)
- Criminal Protective Order (CPO)
Some of these orders can be issued on an emergency or temporary basis within hours, while others require a full court hearing before they take effect.
Domestic Violence Restraining Order (DVRO)
A Domestic Violence Restraining Order is the most common protective order in California family law cases. It protects people from abuse, threats, or stalking by someone they have a close personal relationship with.
Under California Family Code Section 6211, you can request a DVRO if the person you need protection from is:
- A current or former spouse
- Someone you live with or used to live with
- Someone you are dating or used to date
- Someone you have a child with
- A person related to you by blood or marriage within the second degree (parents, children, siblings, grandparents, grandchildren, certain in-laws)
It does not, however, extend to aunts, uncles, nieces, or nephews. Those relationships fall outside the second degree. If you need protection from a family member in that category and you do not share a household or a dating history with them, you would file a Civil Harassment Restraining Order instead.
“Abuse” under California law extends well beyond physical violence. California Family Code Section 6203 defines it to include intentionally or recklessly causing bodily injury, sexual assault, placing someone in reasonable fear of serious bodily injury, and behavior that falls under Section 6320.
That section covers harassment, threatening behavior, stalking, disturbing someone’s peace, and destroying personal property. A pattern of controlling texts, repeated threats made through a third party, or deliberate destruction of belongings can all support a DVRO request.
What a DVRO Can Do
DVROs set themselves apart from every other type of restraining order in California because they exist within the family law system. A judge can bundle several types of relief into a single order.
A DVRO can:
- Require the restrained person to move out of a shared residence, even if their name is on the lease or deed
- Grant temporary child custody and establish a visitation schedule
- Order temporary child support or spousal support
- Grant the protected person exclusive use of a shared vehicle
- Award temporary control over shared property
- Require the restrained person to surrender all firearms and ammunition (mandatory under Family Code Section 6389)
After a hearing, a DVRO can last up to five years. Before it expires, the protected person can ask the court to renew it for five years or permanently.
For deeper information, see our guide on DVRO renewals in California. If you are on the other side of a DVRO and circumstances have changed, our post on how to dismiss a DVRO in California walks through that process.
Civil Harassment Restraining Order
A Civil Harassment Restraining Order protects you from someone you do not have a close personal relationship with. This is the order you would file against a neighbor, a roommate you never dated, a coworker, an acquaintance, a stranger, or a more distant family member who does not meet the second-degree relationship threshold under Family Code Section 6211.
The legal standard is defined under California Code of Civil Procedure Section 527.6. To obtain one, you need to show that the other person has engaged in unlawful violence, a credible threat of violence, or a knowing and willful course of conduct that serves no legitimate purpose and would cause a reasonable person to suffer substantial emotional distress.
That “course of conduct” language is significant. It means the behavior does not need to involve physical violence at all. A neighbor who follows you to your car every morning, leaves threatening notes, or repeatedly shows up uninvited at places you frequent could meet this standard. The court looks at the pattern, not a single incident.
If your roommate is also your ex, or if you share a child with the person harassing you, you cannot file a Civil Harassment Restraining Order. You would need a DVRO because the qualifying relationship under Family Code Section 6211 exists.
Related: Your Legal Guide to DVROs For Online Harassment in California
When the Line Between DVRO and CHRO Gets Blurry
Consider this scenario. You and a coworker went on a few dates several months ago. It did not go anywhere. Now that coworker has started sending hostile messages and showing up at your apartment unannounced. Which order do you file?
It depends on how the court characterizes your past relationship. If those dates qualify as a “dating relationship” under Family Code Section 6211, you would file a DVRO. If the court sees it as too casual to meet that threshold, a Civil Harassment Restraining Order is the right filing. California case law on this question is fact-specific.
There is no bright-line rule for how many dates or how much time together creates a “dating relationship.” The court looks at the totality of the circumstances: how long the relationship lasted, the nature of the interactions, and the expectations of the parties.
This kind of grey area is a good reason to consult a family law attorney before filing.
Elder or Dependent Adult Abuse Restraining Order
This order protects people aged 65 and older, as well as dependent adults between 18 and 64 who have physical or mental limitations that restrict their ability to carry out normal activities or protect their rights. It exists under the Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code Section 15600).
The types of abuse covered go beyond what most people associate with a typical restraining order.
- Physical abuse and neglect
- Financial exploitation (draining bank accounts, misusing a power of attorney)
- Isolation from loved ones
- Deprivation of goods or services needed for physical health, mental health, or safety.
An adult child who drains a parent’s bank accounts, a caregiver who withholds medication, or a family member who prevents an elderly person from seeing friends or other relatives can all be the subject of this order.
Who can file:
- The elder or dependent adult can file on their own behalf
- A conservator
- A trustee
- An attorney-in-fact under a power of attorney
- Any other legally authorized person
- Adult Protective Services or another governmental agency may also support the petition
After a hearing, these orders can last up to five years and can be renewed for five years or permanently. This type of restraining order sometimes intersects with family law during divorce or separation, when disputes arise over an aging parent’s finances or living arrangements that escalate into conduct qualifying as elder abuse.
Workplace Violence Restraining Order
A Workplace Violence Restraining Order is filed under California Code of Civil Procedure Section 527.8, and it has one feature that sets it apart from every other restraining order in the state: the employee who is being threatened cannot file it. Only the employer can.
If a current or former employee, a customer, a client, or any other individual has made credible threats of violence or carried out violence at the workplace, the employer can petition the court on behalf of the affected employee. The order can require the aggressor to stay away from the workplace and the employee and prohibit any contact.
For employees who want to seek their own protection, the correct filing depends on their relationship with the aggressor. If the threat comes from a spouse, ex, dating partner, or close family member, a DVRO is the right tool. If the aggressor falls outside that circle, a Civil Harassment Restraining Order is the appropriate option.
Gun Violence Restraining Order (GVRO)
California’s Gun Violence Restraining Order, sometimes called a “red flag” order, serves a different purpose than the other orders on this list. A GVRO does not require any specific relationship between the petitioner and the person subject to the order. It focuses on one question: does this person pose a significant danger of harming themselves or someone else with a firearm?
If the answer is yes, a GVRO can temporarily prohibit that person from owning, possessing, purchasing, or receiving any firearms, ammunition, or magazines. It can also require them to surrender anything they currently have, either to law enforcement or to a licensed firearms dealer, within 24 hours of being served.
Under California Penal Code Sections 18150 and 18170, the following people can petition for a GVRO:
- Immediate family members (defined broadly to include spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, their spouses, in-laws, and step-relatives)
- Employers
- Coworkers who have had substantial and regular interactions with the person for at least one year, with employer permission
- Employees or teachers at a school the person has attended in the last six months, with administrator approval
- Law enforcement officers
If you are not on that list, you can still report your concerns to law enforcement and ask them to petition on your behalf.
GVROs operate on a tiered system. A temporary emergency GVRO (only law enforcement can request) lasts up to 21 days. An ex parte GVRO also lasts up to 21 days, giving the court time to schedule a full hearing. After that hearing, the court can issue a GVRO lasting between one and five years, renewable before it expires.
Related: Domestic Violence Restraining Orders and Gun Ownership: What You Need to Know
Criminal Protective Order (CPO)
A Criminal Protective Order is issued by a criminal court judge under California Penal Code Section 136.2. Unlike every other order on this list, a CPO is not filed by the victim. It is requested by the prosecutor as part of a criminal case.
If someone has been charged with domestic violence, stalking, elder abuse, or another qualifying offense, the DA will often ask the judge to issue a CPO at the defendant’s very first court appearance.
A CPO can prohibit all contact (a “no-contact” order) or allow limited peaceful contact (a “Level One” order). The judge decides based on the facts and the safety concerns involved.
A Criminal Protective Order takes precedence over conflicting family court orders. Under Penal Code Section 136.2(e)(2), if a criminal court issues a CPO that says “no contact” and your family court DVRO or custody order allows contact for child exchanges, the criminal court’s order controls.
This can create serious practical problems. If you and your co-parent share custody and a CPO is issued, your existing custody arrangement may be unenforceable until the CPO is modified or the criminal case resolves. Family courts can issue custody and visitation orders that coexist with a CPO, but those orders cannot contain any language that violates the criminal court’s “no-contact” directive.
The one exception to the CPO’s precedence rule: an Emergency Protective Order (EPO). If an EPO is issued and its terms are more restrictive than the CPO, the EPO controls for its short duration (five business days or seven calendar days, whichever is shorter).
How Long Do Restraining Orders Last in California?
Every restraining order in California moves through stages, and the timelines differ by order type.
Emergency Protective Order (EPO): Requested by law enforcement and issued by a judge, often over the phone, when there is an immediate threat. Lasts five business days or seven calendar days, whichever is shorter. Its purpose is to bridge the gap between a crisis and filing for a longer-term order.
Temporary Restraining Order (TRO): Granted by a judge based on your paperwork, often without the other party present (ex parte). Stays in effect until the court hearing, typically scheduled 21 to 25 days out.
After-Hearing (“Permanent”) Order: Issued after a full hearing where both sides present evidence. Duration depends on the type:
- DVROs and Elder Abuse orders: up to 5 years
- Civil Harassment and Workplace Violence orders: up to 3 years
- GVROs: 1 to 5 years
All of these can be renewed before they expire. The word “permanent” is misleading. These orders have a set expiration date. If you need continued protection beyond that date, you must file for renewal before the order lapses. If you let it expire, you would need to file an entirely new petition and start from the beginning.
What Happens If You File the Wrong Type of Restraining Order?
If you file a Civil Harassment Restraining Order against someone who qualifies as a domestic partner or close family member, the court does not have authority to grant it. The judge will deny your request, and you will have to refile under the correct category. During that gap, you may have no active protection at all.
When the relationship is ambiguous, or when the facts of your situation could support more than one type of order, legal advice before filing can save you significant time and stress.
Many California courthouses have self-help centers where staff can point you toward the right forms, but they cannot give legal advice about which order best fits your circumstances.
Quick Comparison: Common Types of Restraining Orders in California
| Order type | Best fit when | Who can request | Where it is usually filed |
|---|---|---|---|
| Domestic Violence Restraining Order | The other person is a spouse, ex, dating partner, co-parent, or close family member | The protected person | Usually in family court or the family law division of the Superior Court |
| Civil Harassment Restraining Order | The other person is a neighbor, coworker, roommate you did not date, stranger, or more distant relative | The protected person | Usually in civil court or the court’s restraining order department |
| Elder or Dependent Adult Abuse Restraining Order | The protected person is 65 or older, or a dependent adult, and faces abuse, neglect, isolation, or financial abuse | The elder or dependent adult, or certain authorized representatives | Usually in the Superior Court’s restraining order unit, often on the civil side, though county procedures vary |
| Workplace Violence Restraining Order | A worker is threatened or harmed in connection with work | The employer, not the employee | Usually in civil court or the court’s restraining order department |
| Gun Violence Restraining Order | Someone appears to pose a significant danger of causing personal injury with a firearm | Certain family members, law enforcement, employers, qualifying coworkers, and some school-related petitioners | Usually in the Superior Court’s restraining order unit or other designated filing department, depending on county procedure |
| Criminal Protective Order | There is an active criminal case, and the prosecutor asks the criminal court for protection | The prosecutor asks the court as part of the criminal case | Criminal court, as part of the criminal case |
Need Help With a Domestic Violence Restraining Order in California?
This guide covers several types of restraining and protective orders in California, but our firm handles Domestic Violence Restraining Order matters only. If your situation involves a DVRO, we would be glad to speak with you.
If you are dealing with threats, abuse, or harassment and are not sure where to start, our California DVRO attorneys can help you understand your options and take the next step.
We represent clients in new DVRO filings, temporary restraining orders, ex parte requests, long-term orders after hearing, renewals, and related court proceedings.
