California’s Domestic Violence Prevention Act is the state law, found in Division 10 of the Family Code, that lets courts issue protective orders separating a victim from an abuser. Those orders can bar contact, force the abuser out of a shared home, strip firearms from the household, grant temporary custody of children, and set stay-away distances from your home, work, and school. There is no filing fee.1California Courts. File Your Request for a Domestic Violence Restraining Order The Act covers a wider range of relationships and abusive behaviors than most people expect.
Who the Law Covers
Under Family Code Section 6211, the DVPA reaches abuse against a spouse or former spouse, a current or former cohabitant, a dating or engagement partner (including a former one), someone you share a child with, a child of either party, and any relative by blood or marriage within the second degree, which includes parents, grandparents, siblings, and in-laws.2California Legislative Information. California Code FAM 6211 A cohabitant means more than a roommate.
If your relationship with the abuser doesn’t fit one of these categories, the DVPA isn’t the right tool, but you may still qualify for a civil harassment restraining order under a separate part of the Code of Civil Procedure.
What Counts as Abuse
You don’t need visible injuries. Family Code Section 6203 defines abuse to include intentionally or recklessly causing bodily injury, sexual assault, and placing someone in reasonable fear of serious bodily harm, and it explicitly states that abuse is “not limited to the actual infliction of physical injury or assault.”3California Legislative Information. California Code Family Code FAM 6203
Abuse also includes any behavior a court could prohibit under Section 6320: stalking, harassment, destroying personal property, and disturbing your peace. As of January 1, 2026, Section 6320 spells out that disturbing the peace includes coercive control, meaning a pattern of behavior that unreasonably interferes with your free will. That covers isolating you from friends and family, controlling your finances, monitoring your movements and communications, and using threats tied to immigration status.4California Legislative Information. California Code FAM 6320
The Three Kinds of Protective Orders
Emergency Protective Order
An Emergency Protective Order is the fastest option. A responding officer can call a judge day or night and get one issued on reasonable grounds that you face immediate danger, without the abuser present.5California Legislative Information. California Code Family Code FAM 6250 It’s short. The order expires at the close of court business on the fifth business day after issuance, or the seventh calendar day, whichever comes first.6California Legislative Information. California Code Family Code FAM 6256 Use that window to file for a temporary restraining order.
Temporary Restraining Order
A Temporary Restraining Order (TRO) holds the line until a full hearing, generally 15 to 25 days out. You file it yourself, and a judge can grant it the same day, without notifying the other party first, on reasonable proof of a past act of abuse.7California Legislative Information. California Code Family Code FAM 6300 The court can rely entirely on your written declaration. No police reports or outside evidence are required, though supporting evidence helps.
Restraining Order After Hearing
At the hearing, both sides get to present evidence. If the judge issues a longer-term order, it can last up to five years.8California Legislative Information. California Code FAM 6345 If no expiration date is written on the form, the default is three years. If you don’t show up at the hearing, the TRO expires; if the restrained person doesn’t show, the court can still grant the longer order.
Renewal is one of the more victim-friendly features of California law. You can ask the court to extend the order for another five or more years, or permanently, and you don’t have to prove any new abuse occurred after the original order. File within the three months before expiration.8California Legislative Information. California Code FAM 6345
What a Protective Order Can Actually Do
The court tailors the order to your situation. It can prohibit any contact, direct or indirect, including through third parties, phone, text, social media, or internet-connected devices, and set a minimum distance the restrained person must keep from your home, workplace, school, and vehicle.4California Legislative Information. California Code FAM 6320
A judge can also order the restrained person to move out of a shared home, even if that person is on the lease or owns the property. The court must find that you have a right to possess the home, that the other party has assaulted or threatened assault, and that physical or emotional harm would result without the exclusion.9California Legislative Information. California Code Family Code FAM 6321
Pets are covered too. On a showing of good cause, the court can grant you exclusive care and possession of an animal owned by either party or by a child in the household, and order the restrained person to stay away from it.4California Legislative Information. California Code FAM 6320
Firearms Must Be Surrendered
The moment the order is served, the restrained person must give up all firearms and ammunition. If an officer is there at service, surrender happens on the spot. Otherwise the person has 24 hours to turn the guns over to law enforcement or sell them to a licensed dealer, and 48 hours to file a receipt with the court and the serving agency.10California Legislative Information. California Code Family Code FAM 6389 Failing to file the receipt is itself a violation. Knowingly possessing a firearm while under a domestic violence protective order is a separate crime, punishable by up to a year in county jail and a fine up to $1,000.11California Legislative Information. California Code Penal Code PEN 29825
Federal law adds a nationwide bar. Under 18 U.S.C. § 922(g)(8), someone subject to a qualifying protective order issued after a noticed hearing cannot possess firearms anywhere in the United States.12Office of the Law Revision Counsel. 18 USC 922 A misdemeanor domestic violence conviction triggers a lifetime federal firearm ban under the Lautenberg Amendment.13U.S. Marshals Service. Lautenberg Amendment
How to Get One
In a crisis, call 911. The responding officer handles the EPO request. For a TRO or a longer-term order, go to your local courthouse. There is no filing fee.1California Courts. File Your Request for a Domestic Violence Restraining Order You’ll fill out forms describing the abuse, the relationship, and the protection you’re asking for. Your written declaration alone can be enough for a TRO.7California Legislative Information. California Code Family Code FAM 6300
Once a judge signs the order, someone other than you (a process server, sheriff, or any adult over 18) must personally deliver it to the restrained person. Until service is complete, the order isn’t enforceable and police can’t arrest for a violation.14California Courts. DV-205-INFO If the person can’t be found, the court can authorize alternative service methods.
Penalties for Violating an Order
Intentionally violating a domestic violence protective order is a crime under Penal Code Section 273.6. The baseline offense is a misdemeanor: up to a $1,000 fine, up to a year in county jail, or both.15California Legislative Information. California Code PEN 273.6 The penalties climb from there:
- A violation causing physical injury carries fines up to $2,000 and a minimum of 30 days in county jail (up to a year). A judge can reduce the 30-day minimum only if the person serves at least 48 hours and the court states its reasons on the record.
- A second conviction within seven years involving violence or a credible threat of violence can be charged as a misdemeanor with up to a year in county jail, or as a felony with a 16-month, two-year, or three-year sentence.
- A second conviction within one year that causes physical injury carries fines up to $2,000 and a minimum of six months in county jail, or a felony sentence.
Job Protection While You Handle the Abuse
Under Labor Code Section 230.1, employers with 25 or more employees cannot fire, demote, or retaliate against you for taking time off to get medical treatment for abuse-related injuries, use services from a shelter or crisis center, attend counseling, or take safety steps like relocating. Give reasonable advance notice when you can; for unscheduled absences you can provide documentation afterward. Your employer must keep the reason for your leave confidential. If they retaliate, you’re entitled to reinstatement, back pay, and other equitable relief.16California Legislative Information. California Code LAB 230.1
Immigration Options for Non-Citizen Victims
Your status shouldn’t stop you from seeking safety. Two federal pathways don’t require the abuser’s cooperation or knowledge.
Under the Violence Against Women Act, you can self-petition on Form I-360 if you’ve been abused by a spouse, parent, or child who is a U.S. citizen or lawful permanent resident. You’ll need to show a good-faith relationship, battery or extreme cruelty, that you lived with the abuser, and good moral character. USCIS keeps the petition confidential from the abuser.17U.S. Citizenship and Immigration Services. Chapter 2 – Eligibility Requirements and Evidence
A U nonimmigrant visa is available if you were the victim of a qualifying crime in the United States, including domestic violence, suffered substantial physical or mental abuse, have information about the crime, and are helpful (or willing to be helpful) to law enforcement.18U.S. Citizenship and Immigration Services. Victims of Criminal Activity: U Nonimmigrant Status The U visa provides temporary legal status and work authorization, with a path to a green card after three years.
Where to Get Help
The National Domestic Violence Hotline (1-800-799-7233) is confidential, free, and open 24/7 in more than 200 languages. The California Partnership to End Domestic Violence maintains a statewide network connecting survivors with shelter, counseling, and local services.19California Department of Social Services. Domestic Abuse Resources Legal aid organizations across California offer free or low-cost help with court forms, hearing preparation, and your rights under the DVPA. County courthouses often have self-help centers that walk you through the paperwork, though staff there can’t give legal advice. If you’re in immediate danger, call 911 first and deal with the paperwork once you’re safe.