Who Can Seek a Domestic Violence Restraining Order, and Against Whom?

en español>

WARNING!  People can tell what Internet sites you have visited on your computer.
Be Safe! Opens new window If the information you need is sensitive to your situation, use the Internet at a local library, a friend's house, or, if possible, at work. If you do use your own computer, you can clear your browser history after your visit following our directions, click here. Opens new window


Any domestic violence victim may seek a Domestic Violence (DV) Restraining Order, so long as their relationship with the abuser falls into one of the following categories:

  • Spouses -- current and former spouses
  • Cohabitants -- persons who regularly reside or previously regularly resided in the same household.
  • Dating/Engagement Relationship -- a person with whom the respondent is having or had a "dating or engagement relationship."
  • Co-parents -- a person with whom the respondent has had a child.
  • Children -- child of the abuser/ respondent
  • Blood Relatives -- any other person related to the abuser/ respondent by blood to the 2nd degree (mother, father, brother, sister, grandparents, etc.) (California Family Code, Section 6211) Opens new window

NOTE:  Under California law, a "dating relationship" means "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations." (California Family Code, Section 6210) Opens new window

A dating relationship is further defined as a "serious courtship between two individuals who have or had a reciprocally amorous and increasingly exclusive interest in one another, and shared expectation of the growth of that mutual interest, that has endured for such a length of time and stimulated such frequent interactions that the relationship cannot be deemed to have been casual." (See Oriola v. Thaler, (2000) 84 Cal. 4th at 412).






Did this information help you?  Tell us what you think.