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What is the Process That Courts Use to Set Up a Domestic Violence Restraining Order?

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In California, the process the court uses to establish a DV Restraining Order involves three basic steps:

  1. Someone files a request for a Restraining Order in a court.
  2. The court may conduct a search to find out if the person to be restrained has outstanding warrants, or is currently on parole or probation.
  3. The judge reviews the case and makes a decision that reasonably protects those involved from future violence, usually after a hearing.


NOTE: The court will not start a domestic violence restraining order case on its own, nor will it follow up with the case after a Restraining Order has been issued.



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