Yes. In California, you can request a restraining order against someone who has already requested one against you, provided your request has an independent legal basis and supporting evidence.
You must submit your own request; opposing their petition is not enough. Filing your request does not cancel an existing order against you, and mutual domestic violence restraining orders require additional findings under Family Code § 6305.
Being served with restraining order papers can be unsettling, particularly if you believe the person seeking protection has also threatened, harassed, stalked, or abused you.
In that situation, you may have two separate legal issues to address:
- Defending yourself against the restraining order requested against you
- Determining whether you independently qualify for protection of your own
The restraining order attorneys at The Nieves Law Firm help clients evaluate both sides of that situation.
Can Both People File Restraining Orders Against Each Other?
Yes.
Both people can file requests for restraining orders against each other, but filing a request does not guarantee the court will grant it. Each person’s request must have its own legal basis and supporting evidence.
Domestic violence cases require additional caution because California places special restrictions on mutual domestic violence restraining orders.
Under California Family Code § 6305, the court cannot issue mutual domestic violence restraining orders unless both parties personally appear and each submits written evidence of abuse in a request using the required Judicial Council restraining order application form. Allegations made only in a response do not satisfy this requirement. The court must also make detailed factual findings that both parties acted as a primary aggressor and that neither acted primarily in self-defense.
In other words, a judge should not simply issue matching restraining orders because both people accuse each other.
If you have been served with a request, our guide to defending against restraining orders in California explains some of the issues that may need to be addressed before the hearing.
Filing Your Own Restraining Order Requires an Independent Legal Basis
Suppose two former partners are involved in an escalating dispute.
One files for a domestic violence restraining order based on allegedly threatening text messages. The other person claims that the petitioner has repeatedly stalked, harassed, or threatened them.
The second person may have grounds to seek protection as well—but not merely because a restraining order was filed against them.
Depending on the relationship between the parties and the type of order involved, conduct supporting a request for protection may include:
- Physical violence or attempted violence
- Threats of violence
- Stalking
- Harassment
- Sexual assault
- Destruction of property
- Repeated unwanted calls, texts, or messages
- Conduct that disturbs another person’s peace
- Coercive control in a qualifying domestic relationship
Physical injury is not always required.
California’s Domestic Violence Prevention Act defines abuse more broadly than physical assault alone. Depending on the circumstances, conduct such as stalking, threatening, harassing, destroying property, disturbing the peace, and coercive control may support a request for a domestic violence restraining order.
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What Type of Restraining Order Should You Request?
California has several types of civil restraining orders.
Which one applies generally depends on your relationship with the other person and the conduct involved.
A California restraining order lawyer can help determine which type of order fits the facts.
Domestic Violence Restraining Order
A domestic violence restraining order may be available when the parties have a qualifying relationship, such as:
- Current or former spouses
- Dating or former dating partners
- People who live or previously lived together in a qualifying relationship
- People who share a child
- Certain close family members
Domestic violence restraining orders can address conduct including:
- Physical abuse
- Threats
- Stalking
- Harassment
- Disturbing the peace
- Coercive control
Civil Harassment Restraining Order
A civil harassment restraining order generally applies when the parties do not have the type of close relationship required for a domestic violence restraining order.
Examples can include:
- Neighbors
- Acquaintances
- Some roommates
- Coworkers
- Certain extended family members
- Strangers
Under Code of Civil Procedure § 527.6, qualifying harassment can include unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person.
When the request relies on a course of conduct, that conduct must seriously alarm, annoy, or harass the person, serve no legitimate purpose, and both actually cause substantial emotional distress and be sufficient to cause that distress in a reasonable person. Constitutionally protected activity is excluded from the statutory definition of a course of conduct.
Our Oakland restraining order attorneys handle both domestic violence and civil harassment restraining order matters.
Elder or Dependent Adult Abuse Restraining Order
An elder or dependent adult who qualifies under California law may seek protection from conduct such as:
- Physical abuse
- Neglect
- Abandonment
- Isolation
- Abduction
- Financial abuse
- Other qualifying mistreatment
Workplace Violence Restraining Order
A workplace violence restraining order is different because an employer or an employee’s qualifying collective bargaining representative may request protection on the employee’s behalf under Code of Civil Procedure § 527.8.
An individual employee generally does not file this type of petition personally, although the employee may be a protected person and testify. An employee seeking protection individually may qualify for another type of restraining order.
How Much Evidence Do You Need for a Restraining Order?
The burden of proof depends on both:
- The type of restraining order
- The stage of the case
That distinction is important because different protective-order proceedings use different legal standards.
Domestic Violence Restraining Order Burden of Proof
For a domestic violence restraining order issued after a contested hearing, California courts generally apply the preponderance of the evidence standard.
In practical terms, the court must determine that it is more likely than not that the facts supporting issuance of the order occurred.
For a temporary domestic violence restraining order, Family Code § 6300 permits relief based on reasonable proof of a past act or acts of abuse.
A person does not necessarily need:
- An arrest
- A criminal charge
- A criminal conviction
to request a domestic violence restraining order.
Civil Harassment Restraining Order Burden of Proof
The standard for a civil harassment restraining order after hearing is higher.
Under California Code of Civil Procedure § 527.6, harassment generally must be established by clear and convincing evidence before an injunction may issue.
That is one reason correctly identifying the restraining-order type that applies to the relationship and allegations matters.
The firm’s Alameda County restraining order page explains the different burdens that can apply to domestic violence and civil harassment orders.
What Evidence Can Help in a Restraining Order Case?
Restraining order hearings often depend heavily on credibility, chronology, and context.
Evidence may include:
- Text messages
- Emails
- Voicemails
- Call logs
- Social-media messages or posts
- Photographs
- Videos
- Police reports
- Medical records
- Evidence of damaged property
- Witness testimony
- Records documenting previous incidents
- Evidence showing repeated unwanted contact
Preserving the full context can be important.
For example, one isolated screenshot may create a very different impression from an entire conversation showing what occurred immediately before and after the message.
Likewise, when a party alleges a continuing course of harassment, a chronological record of multiple incidents can sometimes be more useful than focusing on a single event.
Our restraining order defense attorneys often evaluate communications, witness accounts, recordings, and other records when preparing for a contested hearing.
Can You Get a Restraining Order If It Is Your Word Against Theirs?
Possibly.
A restraining order case does not automatically fail simply because there are no:
- Photographs
- Recordings
- Police reports
- Third-party witnesses
Testimony is evidence.
In domestic violence cases, a court can consider a party’s testimony along with the totality of the circumstances.
The judge ultimately decides credibility and how much weight to give the evidence.
Corroborating evidence can strengthen a case, but the absence of documentary evidence does not necessarily determine the result.
What Happens When Both Sides Accuse Each Other?
Competing restraining order requests can become complicated quickly.
Both parties may introduce:
- Text messages
- Recordings
- Photographs
- Witnesses
- Competing accounts of the same incident
A judge may consider factors such as:
- What happened before, during, and after each incident
- Whether the parties’ testimony is consistent with contemporaneous records
- Whether particular conduct appears offensive or defensive
- The history between the parties
- Whether an alleged pattern of conduct exists
- Whether either person’s account contains significant inconsistencies
- Whether one or both parties acted primarily in self-defense
In domestic violence cases where orders are sought against both parties, Family Code § 6305 imposes additional requirements before mutual orders may be entered.
The fact that one person reached the courthouse first does not, by itself, determine who should receive protection.
Do I Need to File a Separate Request for My Own Restraining Order?
Yes.
A response explaining why the other person should not receive a restraining order does not substitute for your own request for protection.
In a domestic violence case, DV-120 is the response form; requesting your own order generally requires DV-100 and the other required forms. For civil harassment, CH-120 is the response form, while CH-100 starts your own request. For elder abuse or dependent adult, EA-120 is the response form, while EA-100 is the form for filing your own petition.
Your request must include the other required Judicial Council forms and any local forms your court requires, and must satisfy the applicable filing, notice, and service requirements.
If an existing order prohibits contact, do not personally contact the protected person to deliver court papers. Arrange service through an authorized third party and continue complying with the order.
Does Filing Your Own Restraining Order Cancel the One Against You?
No.
Filing your own request does not automatically:
- Cancel
- Suspend
- Modify
- Pause
- Excuse compliance with
a restraining order issued against you.
The request filed against you still must be addressed.
Read the papers you received carefully. They will generally identify:
- Your hearing date
- The court location
- The type of restraining order
- Any temporary restrictions currently in effect
For example, a person responding to a domestic violence restraining order request can generally use Judicial Council form DV-120, Response to Request for Domestic Violence Restraining Order.
At the hearing, you may be able to dispute the allegations and present admissible evidence supporting your position.
If you have been served in Alameda County, our Alameda County restraining order defense page also lists commonly used DVRO and civil-harassment response forms.
Follow Any Temporary Restraining Order While the Case Is Pending
If a temporary restraining order has been issued against you, follow its terms unless and until the court changes or terminates it.
That remains important even if:
- You believe the allegations are false
- The other person contacts you first
- You intend to contest the order
- You have filed your own request for protection
Depending on the order, restrictions may involve:
- Direct contact
- Phone calls or text messages
- Social-media contact
- Contact through third parties
- Staying a certain distance away
- Going to particular locations
- Firearms or ammunition
- Other prohibited items
Trying to contact the protected person to explain what happened, negotiate, apologize, or “work things out” can create additional problems if the order prohibits that contact.
Can the Person Who Filed the Restraining Order Contact You?
The fact that the protected person initiates contact does not automatically cancel the restrictions imposed on the restrained person.
The person subject to the court order must comply with the order as written unless the court modifies or terminates it.
That means a restrained person should be extremely cautious about responding to:
- Calls
- Texts
- Social-media messages
- Requests to meet
- Messages sent through friends or family
If there is uncertainty about what the order allows, review the actual order and speak with counsel before responding.
Can a Restraining Order Affect Your Gun Rights?
Yes.
California law imposes firearm restrictions on people subject to qualifying protective orders.
Depending on the order, a restrained person may be prohibited from:
- Owning firearms
- Possessing firearms
- Buying firearms
- Possessing ammunition
- Buying ammunition
- Possessing certain firearm parts
California Courts currently also explains that restraining orders can prohibit possession of body armor in applicable circumstances.
If the restrained person owns prohibited items, the court order may require them to be surrendered, sold, or stored in accordance with California law.
For domestic violence restraining orders, California Courts instructs restrained persons to comply promptly with the firearm and ammunition surrender requirements stated in the order.
The exact obligations depend on the order involved, so the actual court paperwork should be reviewed carefully.
The consequences of a restraining order—including firearm restrictions—are also discussed on our California restraining order lawyer page.
What If There Is Also a Criminal Investigation or Criminal Case?
Restraining order proceedings can overlap with criminal investigations or prosecutions.
That may happen when the underlying allegations involve conduct such as:
- Domestic violence
- Assault or battery
- Stalking
- Criminal threats
- Sexual assault
- Vandalism
- Violating an existing protective order
This overlap can create an important strategic issue.
Statements made in restraining order paperwork or during testimony at a restraining order hearing may potentially become relevant in a related criminal matter.
California Courts warns people responding to domestic violence restraining order requests that information placed in court papers could potentially be used against them in a criminal case.
For that reason, someone facing both a restraining order proceeding and potential criminal exposure should consider speaking with an attorney before submitting detailed written statements or testifying.
This is particularly important because The Nieves Law Firm handles both restraining order matters and related criminal allegations, including domestic violence cases.
Frequently Asked Questions
Can I File a Restraining Order Against Someone Who Already Filed One Against Me?
Yes, potentially.
Filing first does not prevent the other person from independently seeking protection.
However, your request must satisfy the legal requirements for the particular type of restraining order you are asking the court to issue.
Does Filing My Own Restraining Order Cancel Theirs?
No.
Your filing does not automatically cancel, pause, modify, or terminate any temporary or permanent order already entered against you.
You must continue following an existing order unless and until the court changes it.
Can the Judge Issue Restraining Orders Against Both of Us?
In some circumstances, yes.
However, domestic violence cases have special restrictions.
California Family Code § 6305 requires specific findings before mutual domestic violence protective orders may be entered.
A court should not simply issue matching DVROs because both parties accuse each other.
What If We Both Have Evidence?
The judge evaluates:
- The evidence
- Credibility
- Context
- The applicable legal standard
Each party’s evidence must independently support the relief that party is requesting.
Do I Need to Have Been Physically Injured?
Not necessarily.
Depending on the type of restraining order, qualifying conduct may include:
- Threats
- Stalking
- Harassment
- Disturbing the peace
- Coercive control
- Other nonphysical conduct
Can Text Messages Be Used as Evidence?
Potentially, yes.
Texts and other communications can be important evidence in restraining order cases.
However, issues such as authenticity, completeness, context, and admissibility may affect how the court evaluates them.
What If I Think the Allegations Against Me Are False?
You can respond to the request and present evidence at the hearing.
However, you should still obey any temporary order currently in effect unless the court modifies or terminates it.
Our restraining order defense attorneys help clients prepare responses and evidence when allegations are disputed.
Is a Restraining Order Hearing a Criminal Trial?
No.
Civil restraining order proceedings are generally separate from criminal prosecutions and use different procedures and burdens of proof.
However, the same alleged conduct may sometimes result in both:
- A civil restraining order case
- A criminal investigation
- A criminal prosecution
What Is the Difference Between a DVRO and a Civil Harassment Restraining Order?
The primary distinction usually involves the relationship between the parties and the legal standard that applies.
A domestic violence restraining order generally applies when the parties have a qualifying close or intimate relationship.
A civil harassment restraining order generally applies when that relationship does not exist.
The two proceedings also use different legal standards at a contested hearing.
Can I File My Own Order as a Defense Strategy?
Filing your own restraining order should not be treated merely as a litigation tactic.
Your petition must be supported by facts that independently satisfy the legal requirements for protection.
A retaliatory or unsupported filing can complicate an already contested case.
Talk to a California Restraining Order Attorney
When someone files for a restraining order against you, the legal issue may involve more than simply defending against that person’s allegations.
If the person seeking the order has also threatened, harassed, stalked, or abused you, you may need to determine whether you independently qualify to seek protection of your own.
At the same time, anything you file or say can carry significant consequences—particularly when criminal allegations are also involved.
The attorneys at The Nieves Law Firm can:
- Review the allegations against you
- Evaluate your evidence
- Determine which type of restraining order may apply
- Help prepare a response
- Evaluate whether you independently qualify to seek protection
- Prepare for the hearing
- Consider any related criminal exposure
Learn more about our California restraining order attorneys, our Oakland restraining order lawyers, or contact The Nieves Law Firm to discuss your situation.
This article provides general information about California restraining order law. It is not legal advice and does not create an attorney-client relationship. Restraining order requirements and procedures depend on the type of order and the particular facts of the case. Court procedures and laws may change.
Reviewed by Jo-Anna Nieves, California Criminal Defense Attorney
Last reviewed: October 11, 2026
This article was reviewed for legal accuracy by Jo-Anna Nieves, founder of The Nieves Law Firm, a California criminal defense firm representing people seeking and defending against restraining orders throughout California.
Legal Sources & Authorities
This article discusses California restraining order law reflected in authorities including:
- California Family Code § 6203 — definition of abuse under the Domestic Violence Prevention Act
- California Family Code § 6300 — temporary domestic violence restraining orders
- California Family Code § 6305 — mutual domestic violence restraining orders
- California Family Code § 6389 — firearm and ammunition restrictions
- California Code of Civil Procedure § 527.6 — civil harassment restraining orders and clear-and-convincing-evidence standard
- California Courts Self-Help Center — restraining order types, forms, compliance, and prohibited-item requirements
