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Types of restraining orders | California Courts | Self Help Guide
Types of restraining orders | California Courts | Self Help Guide

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Types of restraining orders
There are different types of restraining orders. You have to make sure you ask for the right one. For example, you would file one type if you need protection from your spouse or ex. You would file another type if you need one against your neighbor (whom you've never dated). If you file the wrong type, the judge won't be able to make a decision in your case and you'll have to start the process over.

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Deciding what to file
This is general information about who can ask for the different types of restraining orders. Select the type of restraining order to find out more about what protection it offers and whether it's best for your situation.

Figure out which restraining order you need

Situation
Types of restraining orders

You need protection from someone you had a relationship with (more than friends), like your spouse, an ex, or your child's other parent.
Firearms Restraining Order: Sacramento Superior Court

of the parties protected by the restraining order. Once service is complete, the person who served the papers must complete a 
 	Proof of Personal Service (GV-200) - external link.
 

 For more information and the necessary forms, see the 
 	Gun Violence Restraining Order: Instructions on Service (Step 2) Packet (CV\E-GV-02).
 

What if I can't get the restraining order served in time for the hearing or I need
 a continuance?

 	You can ask the court to "continue" the hearing on your Gun Violence Restraining
 	Order to another date. To request a new hearing date, you will need to file a
 	 
 	Request to Continue Court Hearing for Gun Violence Restraining Order - external link (GV-115) and an
 	
 	Order for Continuance and Notice of New Hearing Date - external link (GV-116). The forms must be completed
 	and filed, along with a copy of your Temporary Gun Violence Restraining Order (GV-110), by 11:30
 	a.m. on the last court day before your scheduled hearing date. You may also orally request a continuance
 	in court during your hearing.

 	If your request for continuance is granted, a new hearing date will be set and your
 	Temporary Gun Violence Restraining Order will be extended to the new hearing date. You will need
 	to properly serve the respondent to activate the Restraining Order.

 	For more information and the necessary forms, see the 
 	Request to Continue Court Hearing for Gun Violence Restraining Order Packet (CV\E-GV-03).

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Self Help

Restraining Orders

 Self-Help Restraining Orders
 

Restraining Orders

There are different types of restraining orders. You have to make sure you ask for the right one. For example, you would file one type if you need protection from your spouse or ex. You would file another type if you need one against your neighbor (whom you've never dated). If you file the wrong type, the judge won't be able to make a decision in your case and you'll have to start the process over.

Deciding what to file
This is general information about who can ask for the different types of restraining orders. Select the type of restraining order to find out more about what protection it offers and whether it's best for your situation.

Figure out which restraining order you need

Situation
Types of restraining orders

You need protection from someone you had a relationship with (more than friends), like your spouse, an ex, or your child's other parent. Or you need protection from a close family member like your child, parent, grandparent, or sibling (not an aunt or uncle or cousin).

Domestic violence

You need protection from someone you never had a relationship with (never more than friends) and are not closely related to. For example, you need protection from a neighbor, aunt or uncle, or coworker. 

Civil harassment
Civil Harassment Restraining Orders in California | California Courts | Self Help Guide
Once a judge grants a restraining order, the police can be called to enforce it.
A civil harassment restraining order can include these types of orders:
No contact
Not harass, stalk, threaten, or harm people protected by the order
Stay away by a certain distance
Cannot own or have firearms or ammunition
What if I already have a restraining order?
If you were given a protective order as part of a criminal case, you can still ask for a civil harassment restraining order. There are some reasons why you might want to have multiple restraining orders. One reason is that if the criminal case gets dismissed (closed), then the criminal protective order will be cancelled. Also, a criminal protective order may not include some protections, such as protection for your family members.

How do I ask for a civil harassment restraining order?
You will need to complete a few court forms. The forms will ask you to describe in detail the harassment, stalking, threats, or harm you experienced. If you want help with these forms, you can contact your local Self-Help Center. This guide will take you step-by-step through the process of asking for a restraining order. The whole process usually lasts a few weeks but can take a few months, depending on how complicated your case is. 
What if I need protection right away?
In most counties, you will not talk to a judge right away. But, a judge will make a decision quickly on whether to give you temporary protection. Once you turn in your forms, the judge will make a decision that same day or by the next business day.

What if someone asked for a restraining order against me?
If someone has filed court papers to ask for a civil harassment restraining order against you, carefully read over the papers you were given:
If you were served with form CH-110, this means the judge granted a temporary restraining order against you. You must follow all the orders granted on form CH-110. If you don't, you could be arrested and charged with a crime. 
You will have a court date, which is listed on form CH-109. Make sure to go to your court date if you do not agree to the restraining order.
Civil Harassment Restraining Orders in California | California Courts | Self Help Guide
Civil Harassment Restraining Orders in California | California Courts | Self Help Guide

 Skip to main content
 

 Judicial Branch of California

Supreme Court

Courts of Appeal

Superior Courts

Judicial Council

 California Courts | Self Help Guide

 

 

Type of Case

CARE Act

Child Custody

Child support

Civil Lawsuits

Conservatorship

Divorce

Eviction

Guardianship

Name Change

Parentage

Restraining Order

Small Claims

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Wills and estates

Court Information

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Previous Page

Index: All Pages

Civil Harassment Restraining Orders in California
This guide can help you: 
Follow the process to ask for a restraining order
Ask to renew a restraining order
Know what you must do if you received restraining order papers
Find free resources for help with the process

 
 
 
Find information, support, and resources

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Overview
There are different types of restraining orders. A civil harassment restraining order is against someone you are not closely related to or have not had an intimate relationship with. This includes a neighbor, a landlord, or a co-worker.
Workplace Violence Restraining Orders: Sacramento Superior Court

and Order on Reissuance (WV-116). The forms must be completed
 	and filed along with a copy of your Temporary Restraining Order (WV-110) by 11:30 a.m.
 	on the last court day before your scheduled hearing date. You may also orally request a continuance
 	in court during your hearing.

 	If your request for continuance is granted, a new hearing date will be set and your Temporary
 	Restraining Order will be extended to the new hearing date. You will need to properly serve the
 	respondent to activate the Restraining Order.

 	For more information and the necessary forms, see the 
 	Request to Continue Court Hearing and to Reissue Temporary Restraining Order (Workplace Violence)
 	Packet (CV\E-WV-03).

About

Site Map
Contact Us
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 The Superior Court of California, County of Sacramento provides fair, equal, and impartial access to justice
 by resolving and adjudicating legal matters to ensure and protect the fundamental rights for all.
 

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School Violence Restraining Orders in California | California Courts | Self Help Guide
The judge will make this decision the same day the school official turns in the forms, or by the next business day. The judge will also schedule a court hearing (court date), about 2-3 weeks from the time the court forms are turned in. At the court hearing, the judge will decide whether to grant a long-term restraining order.
For more information or help with forms, contact your local Self-Help Center or talk to a lawyer.
What if someone asked for a restraining order against me?
If someone has filed court papers to ask for a restraining order against you, carefully read over the papers you were given:
If you were served with form SV-110, this means the judge granted a temporary restraining order against you. You must follow all the orders granted by the judge. If you don't, you could be arrested and charged with a crime. 
You will have a court date, which is listed on form SV-109. Make sure to go to your court date if you do not agree to the restraining order. At the court date, a judge will decide whether to grant a restraining order against you that can last up to three years.
This guide can help you figure out your options to "respond" and prepare for your case. Respond means to tell the judge if you agree or don't agree to the request for restraining order. It's possible to go through this process without a lawyer, but having a restraining order against you may have a lot of consequences, so you may want to hire a lawyer. You can also get free help from a court Self-Help Center.

Next steps
If you are served papers

Respond to Restraining Order papers
 Get help understanding court papers you received and preparing for your court date
 

 

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Restraining Orders: Sacramento Superior Court

anyone closely related to you by blood, marriage, or adoption (example: mother, father, child, brother, sister,
	grandparent); or person who regularly lives in your home.

Elder or Dependent Adult Abuse Restraining Order:
Protects elders and dependent adults from physical and financial abuse,
	 	neglect, isolation, abduction, harm, or deprivation by a caregiver.

Civil Harassment Restraining Order:
Protects individuals from someone you have not dated and do not have a close relationship with like
	 	a neighbor, a roommate, friend, or family member not listed under Domestic Violence Restraining Orders.

Workplace Violence Restraining Order:
Protects employees from workplace violence. A Workplace Violence Restraining Order can only be
	 	requested by an employer on behalf of their employee.

Private Postsecondary School Violence Restraining Order:
Protects students from violence in a private postsecondary school. A Private
	 	Postsecondary School Violence Restraining Order can only be requested by the chief administrative officer, or an officer
	 	or employee designated by the chief administrative officer on behalf of a student.

Gun Violence Restraining Order
Prohibits an individual who poses a significant danger of personal
	 	injury to himself, herself, or another from owning, possessing, purchasing, receiving or attempting to
	 	purchase or receive a firearm or ammunition. A Gun Violence Restraining Order can only be requested by
	 	an immediate family member or law enforcement agency.


 	If you need protection, and you are not sure which type of restraining order to request from the court,
 	you should consult an attorney.

 	Additional information regarding restraining orders can be found on the 
 	California Courts' - external link Website.

Where Do Restraining Orders Get Filed?


 	Elder or Dependent Adult Abuse Restraining Orders may be filed in person at the
 	
 	William R. Ridgeway Family Relations Courthouse or may be filed electronically using the eDelivery system.


 	Domestic Violence Restraining Orders may be filed in person at the
 	
 	William R. Ridgeway Family Relations Courthouse or may be filed electronically using the
 	eDelivery system.
 	


 	Gun Violence Restraining Orders may be filed in person at the 
 	Gordon D. Schaber Sacramento County Courthouse or may be filed electronically using the
 	eDelivery system.
 	


 	Civil Harassment Restraining Orders, 
 	Workplace Violence Restraining Orders, and
Restraining Orders: Sacramento Superior Court

Restraining Orders: Sacramento Superior Court

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Restraining Orders

Home > Restraining Orders

Restraining Orders
Where Do Restraining Orders Get Filed?

Restraining Orders

 	There are different types of civil restraining orders, each with their own eligibility requirements
 	and steps that need to be taken to get a restraining order. The types of restraining orders are:

Emergency Protective Order:
Protects victims of abuse, serious harassment, or stalking. An emergency protective order is available 24 hours a day from the police.

Domestic Violence Restraining Order:
Protects individuals from a spouse or former spouse; person you are dating, or person you have dated; lover; mother or father of your child;
	anyone closely related to you by blood, marriage, or adoption (example: mother, father, child, brother, sister,
	grandparent); or person who regularly lives in your home.

Elder or Dependent Adult Abuse Restraining Order:
Protects elders and dependent adults from physical and financial abuse,
	 	neglect, isolation, abduction, harm, or deprivation by a caregiver.

Civil Harassment Restraining Order:
Protects individuals from someone you have not dated and do not have a close relationship with like
Private Postsecondary School Violence Restraining Orders: Sacramento Superior Court

If the forms are filed after 11:30 a.m., then the Order will 
 be ready for pick up after 4:00 p.m. the next court business day. The forms will
 be returned to you in the 1st Floor Lobby outside of Room 102 at the
 
	Gordon D. Schaber Sacramento County Courthouse. In most cases, a hearing will be
	set within 21 days for you and the other party.

	It is the responsibility of the petitioner to have the respondent personally served no
	later than five (5) days prior to the scheduled hearing date. Proof of service for the
	respondent must be filed with the court prior to or at the time of the Private Postsecondary
	School Violence Restraining Order hearing.

NOTE: The Restraining Order is not activated until
 	the respondent is properly served.

How do I get the other party served?

 If the party you are serving lives or works in Sacramento County, the Sheriff's Civil Bureau - external link 
 can serve the documents to the other party. They are located at 2969 Prospect Park Drive, Suite 200, Rancho Cordova, CA 95670. 
 If the person to be served lives and works outside of Sacramento County, contact the Sheriff's Office of that county for help. 
 Be sure to contact them promptly so they will have enough time to serve the respondent before the scheduled hearing date.
 

 If you prefer, someone you know can serve the restraining order documents to the respondent. The server must be over 18 and not be one 
 of the parties protected by the restraining order. Once service is complete, the person who served the papers must complete a 
 Proof of Personal Service - external link (SV-200).
 

 	For more information and the necessary forms, see the
 	
 	Private Postsecondary School Violence Restraining Order: Instructions on Service (Step 2) Packet (CV\E-SV-02).

What if I can't get the protective order served in time for the hearing or
 	I need a continuance?

 	You can ask the court to "continue" the hearing on your Private Postsecondary School
 	Violence Restraining Order to another date.
Restraining Order (DV-109, DV-100, DV-110) | California Courts | Self Help Guide
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What the papers tell me

When do I go to court?
 Notice of Court Hearing (form DV-109)
This form tells you when you need to go to court. You have a court hearing (court date) because the person listed in item 1 has asked for a restraining order against you. If you do not agree to having a restraining order against you, you must go to your court date to tell the judge why you do not agree.   
Look at item 3 on this form to see the date, time, and location for your court hearing. You may attend your hearing remotely (by telephone or by videoconference). For information on how to attend remotely, go to the court’s website.  

If you don’t attend your court date, the judge can grant a restraining order against you that can last up to five years. 
 

What is the other side asking for?
 Request for Domestic Violence Restraining Order (form DV-100)
On form DV-100, the other side checked every order they want the judge to make (items 6 - 23). If you disagree with any of the orders, you must go to your court date to tell the judge why you do not agree.  
If you have a child with the other side, the judge may make orders that limit your time with your child. 
You may have other forms that were given to you, like form DV-105 and DV-140. These papers are for custody and parenting time. If you do not agree with what the other side is asking related to your child, make sure to go to your court date.