Step-by-Step: How to Get a Restraining Order in Los Angeles (2025)
Learn exactly how to get a restraining order in Los Angeles in 2025 — step-by-step. Covers domestic violence, harassment, and workplace protection orders, filing process, required forms, evidence, and court hearing tips.
Introduction
If you are facing harassment, threats, stalking, or domestic abuse in Los Angeles, you may have legal recourse: a restraining order (also called a protective order). The process can feel daunting, but getting a restraining order in Los Angeles (or anywhere in California) follows a defined legal path. This guide (updated for 2025) walks you through eligibility, the types of restraining orders, step-by-step procedures, evidence needed, and what to expect after you file.
Types of Restraining / Protective Orders in California
California law provides several kinds of restraining orders depending on your relationship to the person and the nature of the harm:
Type | Use When | Key Features / What It Covers |
---|---|---|
Domestic Violence Restraining Order (DVRO) | If the person is or was a spouse, domestic partner, dating partner, cohabitant, family member, or parent of your child | Broad protections; can address child custody, spousal support, removal from home, property, etc. (Self-Help Guide to the California Courts) |
Civil Harassment Restraining Order (CHO / CH-type) | If the person is not a close relation — e.g. neighbor, coworker, acquaintance, stranger | Covers harassment, stalking, threats, non-domestic abuse. (Self-Help Guide to the California Courts) |
Elder / Dependent Adult Abuse Restraining Order | If the person is 65+ or a dependent adult being abused by a caregiver or someone in position of trust | Provides protections for vulnerable adults. (Self-Help Guide to the California Courts) |
Workplace Violence / Harassment Restraining Order (expanded as of 2025) | If an employer or employee faces harassment or threats in the workplace | Starting January 1, 2025, a new law (SB 428) allows restraining orders for harassment (not only threats) in workplace settings. (Ogletree) |
In Los Angeles, you can file the restraining order through the Los Angeles County Superior Court (Family Law / Domestic Violence divisions) or the relevant branch for civil claims. (Los Angeles Superior Court)
Eligibility: Who Can File a Restraining Order?
You may file a restraining order if:
You or your minor child have been a victim of abuse, harassment, stalking, threats, or violence by someone with whom you have (or had) a qualifying relationship (for DVROs). (WomensLaw.org)
You believe someone is harassing or stalking you even if there is no familial relationship (for a CHO). (Self-Help Guide to the California Courts)
You are at least 12 years old; minors 12 or older can file without parental consent, though additional considerations apply. (WomensLaw.org)
If your case involves both domestic abuse and harassment (for example, an ex-partner doing nonphysical stalking), you may decide which type to request—or file both in different capacities. Many legal guides suggest using a DVRO when eligible because its protections are broader and the standard of proof is often more favorable. (WomensLaw.org)
Step-by-Step Process to Get a Restraining Order in Los Angeles (2025)
Here’s a clear roadmap of what to expect. Note: local courthouse rules (for Los Angeles County) may modify some steps, so always check the LA Superior Court or your local court’s domestic violence / family law division.
Step 1: Choose Which Type of Restraining Order to Request & Obtain Forms
If the alleged perpetrator is someone close (spouse, partner, cohabitant, family), file for a DVRO. Otherwise, use a Civil Harassment / CHO type order.
Obtain the forms from the Los Angeles Superior Court or the California Judicial Council website (many are available online). (Los Angeles Superior Court)
Common DVRO forms include DV-100 (Request for Domestic Violence Restraining Order), DV-109 (Notice of Hearing), DV-110 (Temporary Restraining Order), and CLETS-001 (Confidential Information for Law Enforcement). (LegalAtoms)
For CHO / civil harassment orders, forms include CH-100 (Request for Civil Harassment Restraining Order), CH-109 (Notice of Hearing), CH-110 (Temporary Restraining Order), and CLETS-001. (LAFLA)
Step 2: Fill Out the Forms
Provide clear, detailed descriptions of the incidents: dates, times, locations, what was said or done, witnesses, injuries, etc.
Include any supporting requests (stay-away order, move-out order, custody, support, etc.) if applicable (in DVRO cases). (WomensLaw.org)
For forms requiring confidential information (CLETS-001), fill them carefully (they will help law enforcement enforce the order). (LAFLA)
Step 3: File (Submit) Your Request / Petition
Submit the original plus required copies to the clerk’s office at the appropriate Los Angeles Superior Courthouse that handles domestic violence / family law matters. (Self-Help Guide to the California Courts)
Some courts allow e-filing (filing online). Check whether your local branch supports it. (Self-Help Guide to the California Courts)
If filing by physical submission, many courts also maintain drop boxes (inside or outside) for after-hours filing. (Self-Help Guide to the California Courts)
After filing, the judge or clerk may review your request. If a Temporary Restraining Order (TRO) is granted, you may receive it that same day or the next business day (depending on court backlog). (Self-Help Guide to the California Courts)
Step 4: Temporary Restraining Order (TRO) / Ex Parte Order
If the judge finds immediate danger or threat, they may issue a TRO or ex parte order granting some immediate protections (such as “no contact,” “stay away,” or exclusion from the home). (Self-Help Guide to the California Courts)
The TRO lasts until the hearing date (when the respondent appears). (Self-Help Guide to the California Courts)
Step 5: Serve the Respondent
You must have the respondent (the person you want protection from) served with all filed papers (petition, TRO, notice of hearing). Without service, they have no notice, and the court cannot enforce the order. (Self-Help Guide to the California Courts)
Service must be done by someone other than you (a neutral adult, process server, sheriff). (Power Trial Lawyers)
Common methods: LA County Sheriff's Department, private process server, or any credible non-party adult. (Power Trial Lawyers)
After service, file an Affidavit / Proof of Service with the court showing how and when service was completed. (Self-Help Guide to the California Courts)
Law enforcement cannot enforce an order until it has been properly served. (Power Trial Lawyers)
Step 6: Attend the Court Hearing (Return / Full Hearing)
At the hearing, both you (petitioner) and the respondent may present evidence and testimony. The judge will evaluate whether to issue a permanent restraining order (sometimes called a final order). (Self-Help Guide to the California Courts)
Bring all supporting evidence: witness statements, police reports, medical records, photographs, text messages, emails, any documentation you have. (LegalAtoms)
The respondent can cross-examine, present contrary evidence, and argue their case. (Self-Help Guide to the California Courts)
If the judge is persuaded, they will grant a “Final Restraining Order” (or equivalent) with protections. (Self-Help Guide to the California Courts)
Step 7: After the Final Order — Enforcement, Duration, Modifications
The final restraining order becomes enforceable once the respondent has been served. (Self-Help Guide to the California Courts)
The length of a restraining order under CHO typically can be up to 3 years. (Self-Help Guide to the California Courts)
DVROs may last longer, depending on local rules, severity, or whether there are “aggravating circumstances.” (WomensLaw.org)
You may petition to renew, extend, modify, or terminate the order if circumstances change. (Self-Help Guide to the California Courts)
If the respondent violates the order (contacts you, comes near you, uses threats, etc.), you can call 911 or go to your local police station to enforce the order. Violations can be misdemeanors or felonies, and courts take them seriously. (Self-Help Guide to the California Courts)
The order is entered into CLETS (California Law Enforcement Telecommunications System), which law enforcement agencies use to check and enforce the orders. (Los Angeles Legal Defense)
Note: restraining orders in California do go into records (in the CLETS system), which may show up in background checks or law enforcement queries. (Quinn & Dworakowski, LLP)
Evidence & Documentation: What Helps Your Case
To strengthen your petition:
Detailed affidavit / your statement: describe “who, what, when, where, how” — times, dates, places, injuries, threats, witnesses
Police reports / 911 calls
Medical records / hospital or clinic notes
Photographs or videos showing injuries or property damage
Communications: text messages, emails, social media messages
Witness statements or declarations: friends, neighbors, co-workers who saw incidents
Journals or logs: your contemporaneous record of incidents (dates, times, descriptions)
Other documents: restraining order history, prior court filings, counseling records, etc.
A strong, well-organized evidentiary packet can make a big difference in persuading the judge. (LegalAtoms)
Common Pitfalls & Tips
Improper service can invalidate or delay your case. Make sure service is done properly and proof is filed. (Power Trial Lawyers)
Missing or vague details in your petition (e.g. missing dates or witnesses) weaken your case. Be specific.
Not attending your court hearing could lead to dismissal. Always show up.
Assuming the TRO has force before service — the order doesn’t legally bind until proper service is done. (Self-Help Guide to the California Courts)
Not asking for all needed relief — in DVROs, you can request custody, support, move-out orders. If you don’t request them, you can lose the opportunity.
Neglecting safety planning — getting a restraining order is one step, but seek practical safety advice from victim services, shelters, or advocates.
What Changed / New in 2025
SB 428, effective January 1, 2025, expands the ability to seek workplace harassment restraining orders beyond just violence or threats — the law now covers “harassment” that causes emotional distress. (Ogletree)
More courts are adopting e-filing / remote appearance policies for restraining order cases to increase access and reduce risk for victims. (Self-Help Guide to the California Courts)
Expanded awareness and support services in Los Angeles for domestic violence, legal aid, and self-help centers may make it easier to get guidance locally. (Los Angeles Superior Court)
Short Timeline Summary
Decide which type (DVRO / CHO / etc.) & get the proper forms
Fill out and submit your petition (and supporting documents)
Judge may grant a Temporary Restraining Order (TRO)
Serve the respondent with the papers
Attend the hearing; both sides present evidence
Judge may issue a final, permanent restraining order
Enforce, modify, renew, or report violations if needed
Conclusion & Advice
Getting a restraining order in Los Angeles (2025) is entirely possible — many people do it every year. The important steps are clarity, preparation, documentation, and timely action. Work with a domestic violence advocate or legal aid group if possible. Even though the process is formal, the law is designed to protect people in danger.