US-CaliforniaCan I get a restraining order against my spouse for domestic violence?
Yes, you can get a domestic violence restraining order (DVRO) against your spouse in California if you have suffered abuse or reasonably fear future abuse.
What the Law Says
California law allows victims of domestic violence—including spouses—to obtain civil restraining orders that prohibit contact, require distance, and grant other protections.
Under the California Family Code, a domestic violence restraining order (DVRO) can be issued when a person has been abused by someone they are married to, lived with, dated, or share a child with. Abuse includes physical injury, sexual assault, threats, stalking, harassment, or destruction of property.
The court may issue a temporary restraining order (TRO) immediately—without notice to the other party—if there is reasonable proof of immediate and present danger of abuse. A full hearing must then be held within 21 to 30 days.
A granted DVRO can last up to five years and may be renewed indefinitely. It can also include orders for child custody, visitation, move-out requirements, firearm surrender, and counseling.
Statutory TextAbuse means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable fear of imminent serious bodily injury.
— Family Code § 6203(a) — Definition of abuse
Statutory TextA court may issue a temporary restraining order without notice to the respondent if the petitioner declares under penalty of perjury that there is an immediate and present danger of domestic violence.
— Family Code § 6320(b) — Temporary restraining orders
Statutory TextA domestic violence restraining order may be granted for up to five years, and may be renewed for successive five-year periods.
— Family Code § 6345(a) — Duration and renewal
What to Do
Fill out forms: Start with Form DV-100 (Request for Domestic Violence Restraining Order) and supporting declaration (DV-109). Forms are free at courts and online at www.courts.ca.gov.
File at your county superior court: No filing fee applies for DVROs; ask the court clerk for help or use self-help services.
Request a temporary restraining order (TRO): Ask the judge to issue it the same day if you’re in immediate danger.
Serve the papers: The respondent must be personally served at least 5 days before the hearing (unless court shortens time for good cause).
Attend the hearing: Bring evidence (photos, texts, witnesses) and be ready to testify. If granted, the DVRO takes effect immediately.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.