--- title: "Temporary Restraining Orders in California: The Process, Timelines, and What Actually Happens After" description: "A temporary restraining order is granted on a low evidentiary bar and expires once a hearing is held, where the standard of proof rises considerably. Here's how emergency, temporary, domestic violence, civil harassment, and workplace orders actually differ." url: "https://www.thehfirm.com/blog/temporary-restraining-orders-and-how-to-get-one-in-california" site: "H Law Group" published: "2026-07-15T09:00:00.000Z" --- # Temporary Restraining Orders in California: The Process, Timelines, and What Actually Happens After A temporary restraining order is granted on a low evidentiary bar and expires once a hearing is held, where the standard of proof rises considerably. Here's how emergency, temporary, domestic violence, civil harassment, and workplace orders actually differ. Category: Domestic Violence Author: Nima Haddadi -- One of top-rated California DUI and criminal defense lawyer A temporary restraining order isn't the end of the process, it's the beginning. It's designed to create immediate protection on minimal evidence, and it automatically expires once the court holds a hearing where the standard of proof rises considerably. Understanding that a TRO and the order that might follow it are two very different legal standards changes how someone should prepare, whether they're seeking protection or responding to one. This guide covers how emergency and temporary orders work, the two main long-term tracks, domestic violence and civil harassment, a newer workplace-specific track, what you actually need to file, and what changes once the case reaches a real hearing. ## Emergency protective orders: the first 7 days When police respond to an incident directly, an officer can request an Emergency Protective Order (EPO) from a judge, available any time, day or night. Under Family Code 6250, an EPO takes effect immediately and lasts no more than 7 days. It can't be extended or renewed. Anyone who needs continued protection has to file for a temporary restraining order before the EPO expires. ## The temporary restraining order itself A TRO can be issued without notifying the other party, known as an ex parte order, based on a declaration that shows reasonable proof of the threat and that serious harm would result without immediate protection. That's a comparatively low bar, appropriate for an emergency measure. Under [Family Code 242](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=242), and the parallel provision for civil harassment cases, the court has to hold a hearing within 21 days of issuing or denying the TRO, or within 25 days if there's good cause for a short delay. If the hearing doesn't happen in that window, the TRO stops being enforceable unless it's formally extended. ## Domestic violence vs. civil harassment: two different tracks Which type of order applies depends on the relationship between the parties. A Domestic Violence Restraining Order, under Family Code 6200 and following, is available when the parties have a close relationship: spouses, partners, co-parents, close relatives, or people in a dating relationship. If granted after a hearing, it can last up to 5 years, and it can later be renewed for another 5 years, or permanently, without having to show any new abuse since the original order, based on a showing of reasonable apprehension of future abuse. A Civil Harassment Restraining Order, under [Code of Civil Procedure 527.6](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=527.6), covers situations without that kind of close relationship, neighbors, coworkers, or strangers, involving unlawful violence, a credible threat of violence, or a knowing course of conduct that seriously alarms or harasses someone and serves no legitimate purpose. The temporary order uses the same reasonable-proof standard as a domestic violence TRO, but the order issued after a full hearing requires the higher clear-and-convincing evidence standard, meaning it has to be highly probable that the harassment occurred, not just more likely than not. A civil harassment order after hearing is also capped differently than a domestic violence order: it lasts up to 3 years, not 5. ## The new workplace violence track Employers have their own version of this process under Code of Civil Procedure 527.8, and it changed meaningfully starting January 1, 2025 under Senate Bill 428. Before that law, an employer could only seek a workplace violence restraining order based on unlawful violence or a credible threat of violence directed at an employee. SB 428 expanded that to also cover harassment, defined the same way as in the civil harassment statute, a knowing course of conduct that seriously alarms or harasses and serves no legitimate purpose, without requiring the conduct to escalate to an actual threat of violence first. The law also lets the protected employee choose not to be named in the order. ## What you need to file For a domestic violence restraining order, the core forms are DV-100 (the request itself), DV-109 (notice of hearing), DV-110 (the temporary order), and CLETS-001 (confidential information for law enforcement systems). Additional forms cover related issues like child custody or financial support if they're part of the case. Filing at the county Superior Court where the petitioner lives or where the incident occurred generally carries no fee for domestic violence cases, and most courthouses offer free help completing the forms. Whatever the type of order, the evidence that actually matters includes police reports, medical records, photographs of injuries or property damage, screenshots of threatening messages, records of 911 calls, and witness statements. A TRO can be granted on relatively thin documentation given its emergency purpose, but a permanent order after a full hearing needs considerably more. ## What happens at the permanent hearing Whoever is served with a TRO is entitled, as a matter of right, to one continuance to prepare a response, and either side can ask for an additional continuance for good cause. If a continuance is granted, the existing TRO generally stays in effect until the rescheduled hearing. At the actual hearing, the burden of proof is higher than what was needed for the TRO itself, which is exactly why documentation and, where the stakes are significant, legal representation matter more at this stage than at the initial filing. ## DVRO vs. CHRO vs. WVRO: quick comparison - Who it covers: a DVRO applies to close relationships like spouses or co-parents; a CHRO applies to non-close relationships like neighbors or coworkers; a WVRO is sought by an employer to protect an employee. - Maximum duration after a hearing: a DVRO can last up to 5 years and is renewable without a new abuse showing; a CHRO caps at 3 years; a WVRO duration depends on the specific order but follows the same procedural framework as civil harassment cases. - What conduct qualifies: a DVRO covers abuse within the qualifying relationship; a CHRO and a WVRO both cover unlawful violence, credible threats, or a harassing course of conduct, with the WVRO's harassment coverage only available since January 1, 2025 under SB 428. - Standard at the final hearing: a CHRO explicitly requires clear and convincing evidence; DVRO renewal requires a showing of reasonable apprehension of future abuse rather than new incidents. ## Frequently asked questions ### How long does a temporary restraining order actually last in California? Generally up to 21 days, or 25 days if the court finds good cause for a short delay, until a hearing is held. If the hearing doesn't happen within that window, the TRO stops being enforceable unless it's formally extended. ### What's the difference between a domestic violence and a civil harassment restraining order? The relationship between the parties. A domestic violence order applies to spouses, partners, co-parents, or close relatives, and can last up to 5 years with renewal available. A civil harassment order applies to people without that kind of close relationship and caps at 3 years after a hearing. ### Do I need a lawyer to get a temporary restraining order? Not for the TRO itself, since courts assist with the standard forms and the evidentiary bar is intentionally low. Legal representation matters more at the permanent hearing, where the standard of proof is higher, especially if custody, criminal charges, or firearm restrictions are involved. ### Can my employer get a restraining order against someone who is only harassing me, not threatening violence? Yes, since January 1, 2025. Senate Bill 428 expanded workplace violence restraining orders to cover harassment, a knowing course of conduct that seriously alarms or harasses and serves no legitimate purpose, without requiring an actual threat of violence. ### What evidence do I need to get a restraining order? For the initial temporary order, a declaration showing reasonable proof of the threat is enough. For the order after a full hearing, stronger documentation helps significantly: police reports, medical records, photographs, threatening messages, 911 call records, and witness statements. ## About Nima Haddadi Nima Haddadi is a leading California DUI and criminal defense attorney with deep expertise in handling complex cases. Known for strategic defense and courtroom strength, he is a trusted choice for clients facing DUI, felony, and misdemeanor charges. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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