California Order of Protection / Restraining Order Guide
California's DVPA (Family Code §6200) + CHRO (CCP §527.6) framework — DVROs extendable to 15 years (AB 2308, 2024), CLETS firearm surrender (operative Jan 2026)
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Call 911 or the National Domestic Violence Hotline: 1-800-799-7233 (24/7, free, confidential). This page is informational — not a substitute for emergency help.
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Reviewed by Leonard Goldberg, Editor · Last updated
California's Two-Track Restraining Order System
California offers two distinct restraining order regimes depending on your relationship to the respondent: (1) Domestic Violence Restraining Order (DVRO) under the Domestic Violence Prevention Act (Family Code §6200 et seq.) — for intimate partners, cohabitants, dating relationships, co-parents, and family up to in-laws. (2) Civil Harassment Restraining Order (CHRO) under CCP §527.6 — for non-intimate-partner harassment (neighbors, strangers, acquaintances).
California is one of the most plaintiff-friendly states for protective orders. AB 2308 (2024) extended DVRO renewal duration to 15 years (previously 3 years max after renewals). AB 2024 (2024) prohibited courts from denying orders based on minor clerical errors. Effective January 1, 2025: courts must search the DOJ Automated Firearms System before issuing or denying DVROs. Effective January 1, 2026: CCP §527.9 requires firearm surrender within 24 hours of service, receipt filed with court within 48 hours.
Filing is free at any California Superior Court — non-residents can file in any CA court (no residency requirement). Self-help forms (DV-100 series for DVPA, CH-100 series for CHRO) available free on selfhelp.courts.ca.gov in English and Spanish. No filing fee under either DVPA or §527.6. All orders automatically transmitted to CLETS (California Law Enforcement Telecommunications System) for statewide + national enforcement.
California Order Types & Durations
California's three-tier system applies under both DVPA and §527.6:
Emergency Protective Order (EPO)
Family Code §6250 et seq.
Temporary Restraining Order (TRO)
Family Code §6300 (DVPA)
Domestic Violence Restraining Order After Hearing (DVRO)
Family Code §6200 et seq.
For intimate partners + close family. Covered: current/former spouses, DPs, cohabitants, dating relationships, co-parents, family up to in-laws.
Civil Harassment Restraining Order (CHRO)
CCP §527.6
Applies when DVPA does NOT cover the relationship
Who Can File in California
DVPA (Family Code): current/former spouses, registered domestic partners, cohabitants or former cohabitants, persons in a dating relationship ('frequent, intimate associations primarily characterized by expectation of affection or sexual involvement'), co-parents, and parents/children/siblings/grandparents including in-laws. Minimum age 12 (no parental permission required). Non-California residents may file in any California superior court. CCP §527.6: Any person who has suffered harassment (course of conduct, stalking, threats, violence) from someone NOT covered by DVPA.
Enforcement & Firearm Surrender (CCP §527.9)
Violation of DVRO = misdemeanor under Penal Code §273.6, up to 1 year county jail + $1,000 fine. If inflicting physical injury: mandatory minimum 30 days jail. Firearm surrender (CCP §527.9, operative January 1, 2026): respondent must surrender firearms within 24 hours of service, either to law enforcement or a licensed dealer; receipt filed with court within 48 hours. Family Code §6389 prohibits firearms possession during DV restraining order. Federal 18 USC §922(g)(8) also attaches, making violation a federal felony (up to 10 years). Courts must search DOJ Automated Firearms System before issuing/denying DVRO (effective Jan 1, 2025).
Step-by-Step: Filing in California
California's self-help system is designed for non-attorneys:
- 1
Complete Judicial Council forms
DV-100 (Request) + DV-109 (Notice) + DV-110 (TRO). Forms available free on selfhelp.courts.ca.gov in English + Spanish. AB 2024 (2024): courts cannot deny based on minor clerical errors.
- 2
File at any California Superior Court
No filing fee. Non-residents can file in any CA court. Family Law division (DVPA) or civil (CHRO).
- 3
Get TRO same day or next business day
Judge decides ex parte. Court searches DOJ Automated Firearms System before issuing (effective Jan 1, 2025).
- 4
Sheriff serves respondent
Free service by sheriff. Firearm surrender must occur within 24 hours of service (CCP §527.9, operative Jan 1, 2026) — receipt filed with court within 48 hours.
- 5
Attend contested hearing
Typically within 20-25 days. Both parties present evidence. Pro bono: Family Violence Appellate Project for appeals.
When You Need an Attorney in California
Self-help works for initial TRO + uncontested hearings. Attorney representation is critical when: (1) respondent has counsel at contested hearing, (2) children's custody/visitation needs integration, (3) you're the RESPONDENT — firearm rights + employment consequences are serious, (4) appeals or modifications needed, (5) interstate enforcement disputes, (6) elder-abuse-linked protective orders (Harrod v. Country Oaks, 2024, CA Supreme Court, restricts healthcare-agent-signed arbitrations — may be relevant). Pro bono: Family Violence Appellate Project (appeals specialist), local legal aid, Family Violence Law Center. Most California counties have free DV clinics weekly.
California Restraining Order FAQs
What's the difference between DVRO and CHRO in California?
DVRO (Family Code §6200) — for intimate partners, cohabitants, dating relationships, co-parents, and family including in-laws. Specific DV framework. CHRO (CCP §527.6) — for non-intimate-partner harassment (neighbors, strangers, workplace). CCP §527.6 explicitly does NOT apply to relationships covered by DVPA — so if you're intimate partners/family, you MUST use DVRO, not CHRO. Different forms (DV-100 vs CH-100). Different courts (family law division vs civil division).
How long does a California restraining order last?
Emergency Protective Order (EPO): 5-7 business days. Temporary Restraining Order (TRO): until contested hearing (~20-25 days). DVRO After Hearing: up to 5 years standard — AB 2308 (2024) allows renewal up to 15 years after existing order. CHRO: up to 5 years. All renewable — no cap on number of renewals. For permanent protection, renew before expiration every time.
Can I file in California if I'm from another state?
YES. California allows non-residents to file in any California superior court — no residency requirement. This is especially important for victims fleeing to CA from another state, or for cases where abuse occurred in CA but you've since relocated. Filing is free. Jurisdiction based on where abuse occurred, where respondent lives, or where petitioner currently resides.
What's CCP §527.9 firearm surrender requirement (operative Jan 2026)?
Respondent must surrender firearms within 24 hours of service of the DVRO — either to law enforcement or a licensed dealer. Receipt of surrender filed with court within 48 hours. This replaces prior less-specific firearm surrender language. Combined with AB 2308's 15-year renewal cap + court DOJ database search requirement (Jan 2025), California now has one of the most automated firearm surrender systems in the US.
Can I renew my California DVRO forever?
YES — no statutory cap on renewals under AB 2308 (2024). Initial DVRO lasts up to 5 years; renewals extend up to 15 additional years per renewal. You can renew indefinitely upon showing continuing reasonable fear — new incidents not required. File renewal motion 60+ days before expiration to avoid gap. This is one of the strongest 'permanent protection' frameworks in the US — combined with firearm surrender, effectively makes orders indefinite for compliant respondents.
California Pending Issues
Active legal developments (as of April 2026):
- AB 2308 15-year renewal cap — triggering mechanism (whether original must have been 5 years) being clarified in court practice.
- CCP §527.9 firearm surrender procedures became operative Jan 1, 2026 — no 2025 session amendments as of April 2026 but verify.
- Harrod v. Country Oaks (2024) affects healthcare-facility arbitration — indirectly relevant to elder-abuse-linked protective orders.
Informational only — consult a licensed attorney immediately for urgent cases.
Primary Sources
- law.justia.com/codes/california/code-ccp/part-2/title-7/chapter-3/section-527-6
- law.justia.com/codes/california/code-ccp/part-2/title-7/chapter-3/section-527-9-d-1
- selfhelp.courts.ca.gov/DV-restraining-order
- giffords.org/lawcenter/state-laws/domestic-violence-and-firearms-in-california