How to Get a Restraining Order Against a Minor in California

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When a teenager is being bullied, threatened or abused by another young person, parents often ask whether a restraining order is possible. It is. California courts can issue restraining orders against people under 18. The right type depends on the relationship between the two young people and what has happened.

Choosing the right order

  • Domestic violence restraining order (Family Code § 6200 and following). This covers abuse between people in a close relationship, including teens who are or were dating. “Abuse” is broader than physical violence and can include threats, harassment, and stalking (Family Code §§ 6203, 6320). The request is made on Judicial Council form DV-100.
  • Civil harassment restraining order (Code of Civil Procedure § 527.6). This fits most bullying and harassment between classmates, neighbors or acquaintances who have never dated. The request is made on form CH-100. The petitioner must show unlawful violence, a credible threat of violence, or a knowing and willful course of conduct that seriously alarms, annoys or harasses, and that serves no legitimate purpose. The standard is clear and convincing evidence.
  • Juvenile court orders (Welfare and Institutions Code § 213.5). If the minor who is causing harm already has an open juvenile case, the juvenile court may issue a protective order within that case.
  • Criminal protective orders. If the conduct led to criminal or juvenile charges, the prosecutor may ask the court to issue an order as part of that case.

Who files, and who is served

A minor who is 12 or older may generally ask for a restraining order on their own. A younger child needs a parent or another adult appointed as guardian ad litem to file on their behalf. In a civil harassment case against someone under 18, the court’s instructions call for serving the papers on the minor’s parent or legal guardian. In any restraining-order case, the papers must be personally served by an adult who is not protected by the order and is not involved in the case (the sheriff can serve for free).

What the court can order

A judge can order the restrained person to stay a set distance away from the protected person, their home and their school; to have no contact, including by text, phone and social media; and not to harass or threaten. When both teens attend the same school, judges try to write orders that let both keep going to school, for example by limiting contact on campus or requiring them to use separate schedules. A temporary order can be issued quickly, often the same or next court day. A longer order follows a hearing, usually within about three weeks.

Involve the school

A copy of the order should go to the school’s principal or counselor. Schools have their own duties to address bullying, harassment and threats, and staff are often the people well placed to keep two students apart day to day.

If your child is the one being restrained

Restraining orders against minors are serious. A violation can be prosecuted (Penal Code § 273.6), and an order can affect school placement, college applications, and firearm rights later on. If your child has been served, read the papers closely, note the hearing date, and make sure your child understands and follows the temporary order until the hearing. Your child has the right to respond, present evidence, and be represented by a lawyer.

Getting help

Whether you are seeking protection or responding to a request, a lawyer can help you choose the right path and prepare for the hearing. Our office’s pages on restraining orders and juvenile cases explain how attorney Vikas Bajaj handles these matters.

This article is general information about California and federal law, not legal advice for your situation. Laws change, and the right answer depends on your facts. Written by attorney Vikas Bajaj, Law Office of Vikas Bajaj, APC, San Diego.