Abuse & Harassment
About
When you are being abused or harassed, or are afraid someone might be dangerous to themselves or others, a restraining order may help you.
This page contains information for Parties seeking a Restraining Order, if you received papers requesting a Domestic Violence Restraining Order against you, please click here for information on how to comply with gun orders, how to respond, and how to prepare for your hearing.
A restraining order can protect you from physical, emotional, financial abuse and/or harassment and prevent violence. There are different types of restraining orders-what type you may need depends on your relationship with the person you need protection from, and the type of abuse, harassment, or danger.
There are different types of restraining orders:
| Elder or Dependent Abuse Restraining Order | Domestic Violence Restraining Orders | Civil Harassment Restraining Orders |
You are 65 or older, or you are between 18 and 64 and have certain disabilities, and you are a victim of:
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You want to protect you and your family from someone: you are dating (or used to date),
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You are worried about your safety because you are being:
by someone you do not have a close relationship with, like a neighbor, roommate, or someone you don't know. |
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The court can also make orders about child custody and visitation, child support, spousal support, payments of certain bills, transferring rights to a cellphone number, and more. |
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Click to see a chart of the different types of restraining orders.
Also in Spanish, Simplified Chinese, Traditional Chinese, Russian, Tagalog, and Vietnamese.
Self-Prep & File
Click for a computer program that can help you figure out which type of restraining order may be best in your situation. Image
Restraining Orders
To find out more about restraining orders, click on a topic below:
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Domestic Violence
Protection from abuse, threats, harassment, and/or stalking for people that are or have been in a relationship, or have children together, or are close relatives (like a parent, child, sibling, grandparent, in-law).
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Civil Harassment
Protection from abuse, threats, harassment, and/or stalking for people who do not have a relationship that fits under domestic violence, like neighbors, co-workers, roommates, or more distant family like cousins, aunts or uncles, or nieces or nephews.
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Elder Abuse:
For people who are 65 or older and need protection from physical or financial abuse, or neglect or abandonment by a caretaker.
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Dependent Adult Abuse:
For adults who have certain mental or physical disabilities that keep them from being able to do normal activities or protect themselves, and need protection from physical or financial abuse, or neglect or abandonment by a caretaker.
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Gun Violence:
For family or household members and law enforcement to temporarily remove guns and ammunition from someone who is in crisis and is a danger to themselves or others.
Civil Harassment Restraining Orders
You can ask for a civil harassment restraining order if:
- A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, AND
- You are scared or seriously annoyed or harassed, AND
- The person you want to restrain is NOT:
- Your spouse/partner or former spouse/partner
- Someone you dated at any point
- A close relative (parent, child, brother, sister, grandmother, grandfather, in-law)
If the person you want to restrain IS one of these people (your current or former spouse/partner, someone you dated, or someone you are closely related to), learn about Domestic Violence Restraining Orders.
For a civil harassment restraining order, the person you want to restrain CAN be:
- A neighbor
- A roommate (if you never dated)
- A friend
- A family member more than 2 degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more distant relatives
- Other people you are not closely related to
A restraining order can order the person who is abusing or harassing you to:
- Not contact you or any member of your household,
- Not go near you, your children, or others who live with you, no matter where you go,
- Stay away from your work, your school, or your children's school, and
- Not have a gun.
Self-Prep & File
Click for a computer program that asks you simple questions and helps you fill out the forms you need. Image
- Click to get step-by-step instructions to ASK for a civil harassment restraining order (California Courts website).
- Click to get step-by-step instructions to RESPOND to a civil harassment restraining order request (California Courts website).
- Click to learn more about civil harassment restraining orders generally (California Courts website).
Elder and Dependent Adult Abuse
You can ask for an elder and dependent adult abuse restraining order if:
- You are 65 years old or older, or
- You are between 18 and 64 and have certain mental or physical disabilities that keep you from being able to do normal activities or protect yourself. AND
- You are a victim of:
- Physical or financial abuse,
- Neglect or abandonment,
- Treatment that has physically or mentally hurt you, or
- Deprivation (withholding) by a caretaker of basic things or services you need so you will not suffer physically, mentally, or emotionally.
A restraining order can order the person who is abusing or neglecting you to:
- Not contact you or any member of your household,
- Not go near you, your children, or others who live with you, no matter where you go,
- Stay away from your work, your school, or your children's school,
- Move out of your house if you have a legal right to live there, and
- Not have a gun.
Self-Prep & File
Click for a computer program that asks you simple questions and helps you fill out the forms you need. Image
- Click to get step-by-step instructions to ASK for an elder or dependent adult abuse restraining order (California Courts website).
- Click to get step-by-step instructions to RESPOND to an elder or dependent adult abuse restraining order request (California Courts website).
- Click to learn more about elder and dependent adult abuse restraining orders generally (California Courts website).