Can a Minor Get a Restraining Order Against a Minor in CA?

Yes, a minor can get a restraining order against another minor in California. If the minor asking for protection is 12 or older, they can go to court and request the order themselves, without a parent, guardian, or attorney. The most common order in these situations is a civil harassment restraining order under Code of Civil Procedure Section 527.6, but if the two minors are dating or used to date, a domestic violence restraining order under the Family Code is usually the better fit.¹

Which Type of Order Fits the Situation

The relationship between the two minors decides the type of order.

A civil harassment restraining order covers minors who are not related and are not in a dating relationship. Bullying by a classmate, threats from a neighbor, or ongoing harassment by an acquaintance all fall here. Under CCP 527.6, harassment means unlawful violence, a believable threat of violence, or a pattern of conduct directed at someone that causes substantial emotional distress and serves no legitimate purpose.² One rude comment or a single argument won’t clear that bar. The conduct has to be serious enough that a reasonable person would be genuinely alarmed.

A domestic violence restraining order applies when the minors are currently or were previously in a dating relationship. California’s Family Code defines domestic violence to include abuse against a current or former dating partner, and the statute explicitly permits minors to obtain these orders.³ A domestic violence order can also provide broader protections than a civil harassment order in the right case.

One boundary worth naming: if either minor is already in a juvenile dependency or delinquency case, a separate juvenile restraining order under Welfare and Institutions Code Section 213.5 may be issued through that existing case rather than as a new civil filing.⁴

Who Can File, and the Age-12 Rule

California law splits on age 12.

A minor who is 12 or older can appear in court and request or oppose a civil harassment or domestic violence restraining order without a parent, guardian, or lawyer.⁵ The judge may still appoint a guardian ad litem to assist, but that appointment cannot delay the order. When deciding whether to appoint one, the judge looks at whether the minor and the proposed guardian have conflicting interests.

For a minor under 12, a guardian ad litem must be appointed before the case can move forward.² A guardian ad litem is an adult appointed by the court to act in the child’s best interest during the proceedings. This is often a parent, but it can be an attorney or another trusted adult.

There is one notice rule that surprises families. If a minor 12 or older files on their own and lives with a parent or guardian, the court must send a copy of any issued order to at least one parent or guardian chosen by the minor. The only exception is a judicial finding that notifying a parent would be against the minor’s best interest.⁵

Evidence and Forms to Prepare

A petition rises or falls on evidence. The judge needs enough detail to conclude that the harassment happened and that it meets the legal standard. For every incident, write down the date, time, location, and exactly what was said or done.

Evidence that helps:

Screenshots of text messages, social media posts, emails, or direct messages showing threats or harassing behavior
Police reports, school disciplinary records, or medical records documenting injuries
Written statements from witnesses who saw or heard incidents
Photos or video of injuries, property damage, or the conduct itself

The main civil harassment form is Judicial Council Form CH-100, Request for Civil Harassment Restraining Orders.⁶ If the judge grants a temporary order, the court issues it on Form CH-110.⁷ Forms are available on the California Courts website or at any Superior Court clerk’s office.

File with the clerk of the Superior Court in the county where the harassment happened, where the protected minor lives, or where the restrained minor lives. When the petition alleges violence, stalking, threats of violence, or conduct that put someone in reasonable fear of violence, there is no filing fee.² That covers most cases between minors.

What Happens After You File

A judge reviews the paperwork, sometimes the same day. If the situation warrants immediate protection, the judge can issue a temporary restraining order that lasts up to 21 days, or up to 25 days if the court needs extra time to schedule the hearing.² The temporary order holds until the hearing.

Before the hearing, the restrained minor and their parent or guardian must be personally served with the filed documents and hearing notice. The petitioner cannot serve the papers themselves. A sheriff’s deputy, a registered process server, or any adult who is not a party to the case can do it, and the server files a proof-of-service form with the court.

At the hearing, both sides can present evidence, call witnesses, and give their account. The judge asks questions and weighs credibility. If the petitioner proves harassment by clear and convincing evidence, the judge grants a restraining order after hearing. If not, the temporary order expires. A clear, chronological account backed by organized evidence carries more weight than dramatic testimony.

What the Order Can Require

Every order is written to the facts, but most orders between minors include some combination of these terms:

A stay-away distance from the protected minor, their home, and their school, set by the judge
A no-contact term covering in-person, phone, text, social media, and third-party contact
Location restrictions barring the restrained minor from specific places, such as after-school activities or a workplace
A firearms prohibition, which applies to minors as well

The conditions appear on the face of the order, and both the restrained minor and their parent or guardian receive a copy. Every term is enforceable by law enforcement from the moment the order is served.

How Long the Order Lasts

A civil harassment restraining order granted after a hearing can last up to five years. Near the end of that period, the protected person can request a renewal for up to another five years without having to show any new harassment. The renewal must be filed within three months before the current order expires.² Missing that window means starting over with a new petition, so mark the calendar early.

Consequences of a Violation

Violating any term of the order is a misdemeanor, punishable by up to one year in county jail, a fine of up to $1,000, or both. If the violation causes physical injury, the fine rises to $2,000 and the court must impose at least 30 days in jail.⁸ A second conviction within seven years involving violence or a credible threat can be charged as a felony.

Enforcement means calling the police. Officers can verify the order through the California Law Enforcement Telecommunications System (CLETS) database, where all active restraining orders are registered, and the restrained person can be arrested on the spot.

When Both Minors Attend the Same School

A stay-away order that works across town becomes a logistical problem when the two students share a campus. The court order takes legal priority and the school must accommodate it, but the statute doesn’t spell out how.

In practice, administrators adjust class schedules, lunch periods, or passing routes to keep the students separated. If that isn’t workable, one student may need to transfer. California law also allows schools to suspend or expel students for bullying, harassment, or threats against another student, which can resolve the proximity issue on its own.⁹ Bring a copy of the order to the school office as soon as it’s issued. That gives the administration time to plan and creates a record if the restrained student later violates the order on campus.

1
California Legislative Information. California Family Code 6301
2
California Legislative Information. California Code of Civil Procedure 527.6
3
California Legislative Information. California Family Code 6211
4
California Legislative Information. California Welfare and Institutions Code 213.5
5
California Legislative Information. California Code of Civil Procedure 372
6
Judicial Council of California. Request for Civil Harassment Restraining Orders
7
Judicial Council of California. Temporary Restraining Order
8
California Legislative Information. California Penal Code 273.6
9
California Legislative Information. California Education Code 48900