If you're experiencing threats, harassment, stalking, or violence from someone you're not closely related to, California law offers protection through a civil harassment restraining order. Understanding the steps to file can help you stay safe and enforce your rights.Filing for a restraining order can feel overwhelming at first, but California's process is designed to be accessible to individuals without needing to navigate the entire system alone. Below, we'll walk through the basics you should know.
Step 1: Confirm the Type of Restraining Order You Need
Not every situation calls for the same type of protection. Civil harassment restraining orders apply when the harasser is not a close family member or partner — for example, a neighbor, roommate, co-worker, or even a stranger. If the person harassing you is someone you have a family or romantic relationship with, a domestic violence restraining order might be more appropriate instead.
Step 2: Prepare and File the Required Forms
You'll need to fill out several forms, starting with the Request for Civil Harassment Restraining Orders (Form CH-100). Other necessary forms can vary slightly by county, but you will always need to file with your local Superior Court.At this stage, many people benefit from consulting a civil harassment restraining order attorney to ensure the forms are filled out correctly and that the strongest possible case is presented to the court. Proper preparation can significantly affect the outcome of your hearing.
Step 3: Serving the Papers
After filing, the other party must be formally served with copies of your request. This step is critical — the person must be properly notified before the court can move forward. You cannot serve the papers yourself; instead, someone 18 or older who is not part of the case must complete service. A civil harassment attorney near me can often assist not just with paperwork but also with coordinating service of process to avoid mistakes that could delay your protection.
Step 4: Attend the Court Hearing
Once served, the other person has the opportunity to respond, and a hearing date will be set. At the hearing, both sides present their evidence, and the judge decides whether to grant a long-term restraining order, typically lasting up to five years.
For a detailed guide on the forms, steps, and court procedures, visit the California Courts Civil Harassment Restraining Orders Information page.
