Can I Get a Restraining Order Against My Minor Sister in California?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My sister keeps attacking me, and I want to get a restraining order. She is 17 years old.
Am I able to get a restraining order against my sister who is 17 years old.
Attorney Answer
Yes, California law lets you seek a domestic violence restraining order against a sibling, and your sister's age does not block that.
California's Domestic Violence Prevention Act covers more relationships than just spouses or partners. Under Family Code section 6211, a person "related by consanguinity or affinity within the second degree" qualifies, and a sister falls within that category. You can ask the court for a domestic violence restraining order even though she is your sibling and even though she is a minor.
What counts as abuse. Under Family Code section 6203, abuse is not limited to serious injury. It includes intentionally or recklessly causing bodily injury, sexual assault, or placing you in reasonable fear of imminent serious injury, as well as behaviors like harassing, stalking, striking, or threatening you. If your sister's attacks involve any of this, you likely meet the legal definition.
If you are in immediate danger. Do not wait for a scheduled hearing. Call 911 or your local police department. Officers can issue an emergency protective order on the spot, which typically lasts about a week and gives you protection while you file for a longer-term order.
How to request a restraining order. You generally file a request at your local superior court describing the abuse, and a judge can issue a temporary order the same day, with a full hearing scheduled within about three weeks. Because your sister is a minor, expect the court to handle some procedural steps differently, such as how she is served and who may need to be involved on her side, but this does not prevent you from filing.
Steps you can take now:
1. Write down each incident with dates, what happened, and any witnesses. 2. Save texts, photos of injuries, or anything else documenting the attacks. 3. Contact your local courthouse's self-help center or family law facilitator. Many offer free help completing the paperwork. 4. If you live with your sister and your parents, talk to your parents or a trusted adult about a safety plan while this is pending.
This is general legal information about California law, not legal advice for your situation. A local family law attorney, or your court's free self-help center, can walk you through the specifics of filing against a minor.
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Courts & Legal Aid in California
- File or look up a case through the California Courts, which serves the state.
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Frequently Asked Questions
Does it matter that my sister is under 18?
Not for whether you can file. California's domestic violence law does not set a minimum age for the person you are seeking protection from. Courts do handle notice and procedure a little differently when the other person is a minor, which the court clerk or self-help center can explain.
What is the difference between an emergency protective order and a regular restraining order?
An emergency protective order is issued by a judge, often over the phone, at a police officer's request, and usually lasts about a week. A regular domestic violence restraining order requires filing paperwork and, after a court hearing, can last much longer, up to five years.
What happens if my sister violates the restraining order once it's granted?
Violating a valid restraining order is generally a crime in California and can lead to arrest. Keep a record of any violation, including dates and details, and report it to law enforcement right away.
