A restraining order (also sometimes called a protective order) is a court order that aims to protect a person from harm, harassment, intimidation, or abuse by another person. In California, there are different types of restraining orders depending on the relationship between the parties and the nature of the harm.
A key question is: what proof is required to persuade a court to issue a restraining order? The answer depends on which stage of the process you’re in (temporary vs final) and what type of restraining order you’re seeking.
Building a Solid Case
Before we get into proof, it’s helpful to understand which kind of order you might request, because the burden (standard) of proof varies.
| Temporary Restraining Order (TRO) | Short-term protection, usually before the full hearing | Low threshold (“reasonable proof” or “some evidence”) |
| Permanent (or Long-Term) Domestic Violence Restraining Order | Where parties have a qualifying relationship (spouses, partners, cohabitants, family, etc.) | Preponderance of the evidence — more likely than not |
| Permanent Civil Harassment Restraining Order | Where harassment is from someone with no qualifying domestic relationship (neighbor, acquaintance, stranger) | Clear and convincing evidence (a higher standard than preponderance) |
At the temporary stage, courts often issue restraining orders quickly and without the opposing party present, so the burden of proof is relatively modest. The petitioner only needs to show enough evidence to convince the judge that immediate protection is necessary. However, at the final hearing, the process becomes more rigorous. The judge carefully reviews all submitted evidence, hears testimony from both sides, and applies a higher legal standard—preponderance of the evidence in domestic violence cases and clear and convincing evidence in civil harassment cases—before deciding whether to issue a long-term restraining order.
The Key Evidence You Should Gather
Below is a non-exhaustive, but practical, list of evidence that courts in California and San Diego often expect or that help strengthen a petition for a restraining order San Diego.
1. Sworn Declarations / Written Statements
- Your own written declaration under penalty of perjury (often part of the court forms) describing in detail what has happened: dates, times, places, what was done, how you felt, and why you fear future harm.
- Additional declarations by third parties who witnessed incidents. Witness statements bolster credibility.
2. Police Reports / Incident Reports / 911 Records
- Copies of police reports or incident reports where you called law enforcement regarding the abusive or threatening conduct.
- Records of 911 calls or dispatch records may show history or corroboration.
3. Digital Communications
- Text messages, emails, direct messages, chat logs that contain threats, harassment, or show pattern of contact.
- Voicemails or audio recordings (depending on legality) of threatening or harassing calls.
- Screenshots of social media posts or messages.
4. Photographs / Video Evidence
- Photographs of physical injuries, bruises, cuts, damaged property, torn clothing, etc.
- Videos showing incidents of abuse or harassment, if available.
5. Medical Records and Reports
- Records from hospitals, clinics, doctors, showing treatment for injuries you sustained (e.g., X-rays, doctors’ notes).
- Photographs taken in the medical setting, or medical impressions.
6. Evidence of Pattern / Prior Incidents
- Documentation of prior abusive, harassing, or threatening behavior (even if not recent) to show a pattern.
- Criminal history records of the respondent, if relevant (e.g. prior convictions for violence or stalking).
- Records of any restraining orders previously filed or granted.
7. Other Supporting Documents
- Any relevant text or email chains, calendars or logs of incidents, notes you made right after an incident.
- Any threat letters, notes, postcards, or damaged property with inscriptions.
- Proof of financial or property abuse, if applicable (for elder/dependent adult abuse cases).
- Liaison with social services, counseling records, or restraining order clinics
Specific Considerations
When you are seeking a restraining order in San Diego (or San Diego County), here are some special local/practical points and procedural nuances:
- Access to Self-Help & Clinics
In San Diego, individuals seeking protection don’t have to navigate the process alone. The city offers walk-in restraining order clinics that help residents complete the required forms and better understand each step of the legal process. These resources serve as a starting point for anyone unsure about where to begin. - Types Filed & Local Courts
Depending on your relationship to the person you’re seeking protection from, the type of restraining order and the court you file in will differ. For instance, you may file a Domestic Violence Restraining Order in San Diego family court if you have a qualifying relationship. However, if the threat or harassment comes from someone outside that relationship (a neighbor, coworker, or stranger), you would instead file a Civil Harassment Restraining Order through the civil court system in San Diego. - Timely Submission of Evidence in San Diego
In civil harassment cases, San Diego’s courts require that all evidence to be reviewed by the judge be submitted at least two court days before the hearing. Also, evidence must be served on all parties (the petitioner must provide copies to the respondent) so the other side has the opportunity to respond. - Service (Proof of Service)
After the court issues a Temporary Restraining Order (TRO), the next step is service. The respondent must be properly served with copies of all court paperwork (such as the notice of hearing and TRO).
To complete this process, the individual serving the documents must fill out a Proof of Personal Service form (for example, form CH-200 in civil harassment cases) confirming when, where, and how the papers were delivered. In many cases, the San Diego County Sheriff’s Office assists with serving family law restraining orders at no charge, ensuring the respondent is properly notified. - Emergency & Temporary Orders in San Diego
In urgent situations, a Temporary Restraining Order (TRO) or Emergency Protective Order (EPO) can be granted on short notice — sometimes on the same day the application is filed. According to the San Diego Police Department, these emergency protections are available in cases of domestic violence, civil harassment, elder abuse, and more. This allows victims to gain immediate safety while awaiting a full hearing. - Hearing & Presentation in Court
Finally, at the hearing, preparation is key. On the court date in San Diego, both parties have the opportunity to present sworn testimony, cross-examine witnesses, and submit documentary evidence. To stay organized, the petitioner should bring three copies of each piece of evidence — one for themselves, one for the judge, and one for the opposing party. When addressing the court, focus on the facts: when, where, how, who, and why you believe protection is necessary. Practicing your statement beforehand can help you present your case clearly and confidently.
Key Tips: Must Do & What Helps
Must Do: Minimal Proof to Start
To get a TRO or initial restraining order, you don’t need to present full, ironclad proof. You must provide reasonable proof via your declaration and any immediate supporting materials that you have. The judge may grant a temporary order based on that alone, to protect you while you prepare for the full hearing.
What You Should Build for the Hearing
To make your case stronger at the full hearing, you need to compile as much corroborating evidence as possible:
- Police or incident reports
- Witness statements
- Digital communications (texts, emails, etc.)
- Photographs, videos
- Medical records
- Prior pattern evidence
- Proper service and procedural compliance
Be Procedurally Sound
- Submit your evidence early (in San Diego at least two court days before in civil harassment cases) so the judge can review it.
- Serve the opposing party with all documents and evidence you submit.
- Make multiple copies (for each side and for the court).
- Bring witnesses to testify if possible.
- Be prepared to present your case clearly, focusing on the factual timeline and your fear of harm.
Strategic Considerations
- Even if you feel you lack evidence, apply as soon as possible — safety is paramount.
- Use local resources: San Diego has restraining order help centers and clinics
- Consult a lawyer if possible — legal counsel can help you present evidence appropriately and address challenges.
- Document everything from the moment you decide you need protection — keep a journal, save all communications, and preserve evidence.