California has four restraining orders. They are not interchangeable, and which one applies to you is decided almost entirely by your relationship to the other person, not by what they did. Filing the wrong one costs you the weeks you cannot get back.
This page is the whole comparison on one screen. If you would rather answer six questions than read a table, the restraining order quiz does the same job and runs entirely on your own device.
| Order | Who it is for | How long it lasts | Form | Guns |
|---|---|---|---|---|
| Domestic violenceDVROFiled by the person being abused. A parent or guardian can file for a child. | Who it is forSomeone close to you: a spouse or ex, a person you date or dated, someone you live or lived with, the other parent of your child, or a close relative. The strongest and most protective type. | How long it lastsUp to 5 years after a hearing. If the order does not state an end date, it runs 3 years. Renewable for 5 more years or permanently, with no need to show new abuse. | FormDV-100 | GunsImmediately, including on the temporary order.No owning, possessing, buying or receiving any gun or ammunition (Family Code 6389). Surrender to police or a licensed dealer within 24 hours of being served, then file the receipt with the court within 48 hours. The judge cannot waive this, even at renewal, apart from narrow on-duty exceptions for some peace officers. |
| Civil harassmentCHROFiled by the person being harassed. | Who it is forEveryone else: a neighbor, coworker, roommate, acquaintance, distant relative, or a stranger who is harassing, threatening, or stalking you. | How long it lastsUp to 5 years after a hearing. | FormCH-100 | GunsImmediately, including on the temporary order.Surrender all guns and ammunition to law enforcement, or sell them to a licensed dealer, within 24 hours of being served (Code of Civil Procedure 527.9). File the receipt with the court within 48 hours. |
| Elder or dependent adult abuseEAROFiled by the elder or dependent adult, or a conservator, trustee, attorney-in-fact or guardian ad litem acting for them. | Who it is forA person 65 or older, or a dependent adult, facing abuse, neglect, or financial exploitation. Covers abuse by caretakers and family. | How long it lastsUp to 5 years after a hearing. | FormEA-100 | GunsImmediately, including on the temporary order.Same rule as civil harassment: surrender within 24 hours of being served, file the receipt within 48 hours (Code of Civil Procedure 527.9).One exception, and it only applies here. If the order was made solely because of financial abuse or isolation, with no force, threat, harassment or intimidation involved, the gun rule does not apply. |
| Workplace violenceWVROFiled by the employer, not the worker. | Who it is forAn employee facing violence, threats, or stalking connected to work. It protects the employee, but the employee is not the one who asks for it. If you are being threatened at work, tell your employer or HR, because they are the only ones who can file this. | How long it lastsUp to 3 years after a hearing. Shorter than the other three. | FormWV-100 | GunsImmediately, including on the temporary order.Same rule again: surrender within 24 hours of being served, file the receipt within 48 hours (Code of Civil Procedure 527.9). |
The gun rule is the same for all four, and it starts sooner than people think. It does not wait for the hearing. The moment a temporary order is issued and served, the restrained person cannot have a gun or ammunition, and the clock starts. Missing the paperwork deadline is itself a violation of the order, and having a gun while restrained is a separate crime carrying up to a year in county jail, a fine up to $1,000, or both. If no receipt is filed in 48 hours, the clerk notifies law enforcement, and the court asks about it at the next hearing.
All four are free to file, with one condition. A DVRO and an elder abuse petition never cost anything, and the elder abuse exemption is the broadest of the four: no fee for the petition, a response, or any later paper. Civil harassment and workplace violence petitions are also free whenever you are describing violence, threats of violence, or stalking, which covers most of them. The sheriff serves the papers for free in those cases too. Money should not be what stops you.
The proof standards are not the same, and it matters. A DVRO and an elder abuse order run on preponderance of the evidence, meaning the judge only has to find your account more likely true than not. That is the lowest standard in law. Civil harassment and workplace violence orders require clear and convincing evidence, which is a real step up. If your facts fit both a DVRO and a civil harassment order, the DVRO is the easier one to win.
Every one of these has two stages. A temporary order decided on your paperwork within a day, then a hearing about three weeks out where the judge decides whether to make it last for years. The temporary order is easy to get. The hearing is where it is really decided.
Three others exist, and one of them may be yours. If there is a criminal case, the criminal court can issue its own protective order under Penal Code 136.2, and you do not request that one. A gun violence restraining order (Penal Code 18100) is for taking firearms from someone who is a danger, and family members can ask for it. A school violence prevention order covers threats against school staff. None of those is on this chart, so if one sounds like your situation, ask the self-help center.
Once you know which one you need
- How to get a restraining order in California, step by step, including what to put in the paperwork and what happens at the hearing.
- If you were served with one, what it stops you doing and the deadlines that start immediately.
- Domestic violence restraining orders in detail, including what counts as abuse and how renewal works.
- What actually happens at the hearing.
If you are in danger right now, call 911. If you need to talk to someone, the National Domestic Violence Hotline is free and answers 24 hours a day at 800-799-7233, or text START to 88788.