Answer FileFamily Law

How do I get a domestic violence restraining order in California?

The answer, cited

File a request in superior court under the Domestic Violence Prevention Act, Family Code section 6200 et seq. There is no filing fee, a judge can issue a temporary order the same day it is requested under Family Code section 6320, and a hearing on a longer order follows within about three weeks.

California's Domestic Violence Prevention Act, Family Code section 6200 et seq., protects people abused by a spouse, former spouse, cohabitant, dating partner, co-parent, or close relative — and abuse includes not just violence but threats, stalking, harassment, and disturbing the peace, which courts read to cover coercive control. The process is built for speed: filing is free, court self-help centers assist with the forms, and a judge rules on a temporary restraining order, usually the same day, under Family Code sections 6320 and 6326. The temporary order can remove the restrained person from a shared home, protect children and pets, and requires firearms to be surrendered under Family Code section 6389. A noticed hearing follows within about three weeks, where the court can issue a restraining order lasting up to five years, renewable. Violations are criminally punishable under Penal Code section 273.6, and custody decisions must account for findings of abuse.

Authority: Cal. Fam. Code § 6320

Source: Cal. Fam. Code § 6320 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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