California has several types of restraining orders, so searching simply for a restraining order in California can lead to the wrong form. This guide compares a civil harassment restraining order, CH-100, with a domestic violence restraining order, DV-100, and explains which process generally applies based on the relationship between the people involved.
CD&D Associates is a registered Legal Document Assistant service, not a law firm. This article provides general information, not legal advice. CD&D Associates prepares documents at your direction and does not choose legal strategy or represent you in court.
The Main Difference: Your Relationship to the Other Person
A California civil harassment restraining order is generally used against someone who is not closely related to you and with whom you have not had an intimate relationship. California Courts gives examples such as a neighbor, landlord, coworker, acquaintance, stranger, or certain more distant relatives.
A Domestic Violence Restraining Order, or DVRO, is generally used when the person is a spouse, former spouse, dating or former dating partner, co-parent, person you live or lived with in an intimate relationship, or certain close family members.
Civil Harassment Forms
The main civil harassment request form is CH-100, Request for Civil Harassment Restraining Orders. Common related forms include CH-109 for the hearing notice, CH-110 for a temporary restraining order, CH-120 for the response, CH-130 for the order after hearing, and CH-200 for proof of personal service.
Current CH-100 and CH-120 versions are effective January 1, 2026.
DVRO Forms
Domestic violence cases use a different DV form set, beginning with DV-100. The court can issue temporary orders and, after a hearing, a longer-term order. The DV process can also interact with child custody, child support, spousal support, and property-related orders in ways that a civil harassment case generally does not.
What Conduct Can Support a Civil Harassment Order?
California Courts explains that civil harassment can involve harassment, stalking, threats, or physical or emotional harm, including conduct that occurs online. The specific legal standard depends on the facts and should not be reduced to a simple checklist.
If immediate safety is at risk, call 911 or seek emergency help. Court paperwork is not a substitute for emergency safety planning.
Temporary Protection and Hearing
After a civil harassment request is filed, a judge can decide quickly whether to issue temporary protection. California Courts states that this may happen the same day or by the next business day in many cases. The respondent must then be served, and a hearing is held where both sides can present evidence.
If a long-term civil harassment order is granted, it can last up to five years.
Fees
California Courts currently lists a civil harassment filing fee of about $435 to $450 unless the request alleges violence, stalking, or threats of violence, or the applicant receives a fee waiver. DVRO requests generally do not require a filing fee.
What Can the Orders Do?
Both types of restraining orders can include no-contact and stay-away provisions. They can also create firearms and ammunition restrictions. Civil harassment orders can protect family members and pets as appropriate.
DVROs can address additional family-law issues because they arise under the Domestic Violence Prevention Act and involve qualifying intimate or family relationships.
Do Not Pick the Form Based Only on the Conduct
The relationship matters. Similar threatening behavior may belong in a DVRO case when the restrained person is a spouse or dating partner, but in a civil harassment case when the restrained person is a neighbor or coworker. Filing under the wrong restraining-order system can delay protection.
How CD&D Associates Can Help
CD&D Associates can prepare restraining-order documents at your direction. We cannot decide which legal standard applies, advise whether evidence is sufficient, or represent you at a contested hearing. For immediate danger, contact law enforcement or a qualified domestic-violence resource.
Frequently Asked Questions
Is a civil harassment order the same as a DVRO?
No. They use different statutes and forms, and the correct process usually depends heavily on the relationship between the parties.
What form starts a civil harassment case?
CH-100, Request for Civil Harassment Restraining Orders.
Can a civil harassment order last five years?
Yes. California Courts states that a long-term civil harassment order can last up to five years.
Is there a filing fee?
There can be a fee, but California waives the civil harassment filing fee in certain violence, stalking, or threat cases and fee waivers may also be available.
Can a DVRO address custody?
DVRO proceedings can include family-law orders such as custody and support when legally appropriate.
What is a restraining order in California?
A restraining order is a court order designed to protect a person from specified conduct. The correct California process depends on the relationship and facts. Civil harassment, domestic violence, elder abuse, workplace violence, and other restraining-order systems use different forms and standards.
