Text Messages as Evidence for a Restraining Order in California

Last updated October 14, 2026. Written for people asking a California court for a restraining order. This is general information, not legal advice. If you are in immediate danger, call 911.

Yes. Text messages are some of the most common evidence in California restraining order cases, and California law names them directly. Under the Domestic Violence Prevention Act, "abuse" includes harassing, contacting or "disturbing the peace" of the other person, and the statute says that conduct can happen through text messages. What matters is what the texts say, whether you can show who sent them, and whether you saved the whole conversation before it disappeared.

Can text messages get you a restraining order in California?

They can. A California judge can issue a domestic violence restraining order on "reasonable proof of a past act or acts of abuse," and abuse is not limited to physical harm. Family Code section 6300(a) says:

"An order may be issued under this part to restrain any person for the purpose specified in Section 6220, if an affidavit or testimony and any additional information provided to the court pursuant to Section 6306, shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse. The court may issue an order under this part based solely on the affidavit or testimony of the person requesting the restraining order." — Cal. Fam. Code § 6300

Section 6203 defines abuse to include "To engage in any behavior that has been or could be enjoined pursuant to Section 6320," and adds: "Abuse is not limited to the actual infliction of physical injury or assault." (Cal. Fam. Code § 6203) Section 6320 is the list of behavior a court can order someone to stop, and it is where text messages come in.

What kinds of text messages count as abuse?

Texts that threaten, harass, keep coming after you asked the person to stop, or wreck your sense of safety can all count. Section 6320(a) lets a court order a person to stop "harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party." (Cal. Fam. Code § 6320)

Section 6320(c) explains what "disturbing the peace" means, and it names text messages:

"As used in subdivision (a), “disturbing the peace of the other party” refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, including connected devices as defined in Section 22948.30 of the Business and Professions Code, or other electronic technologies." — Cal. Fam. Code § 6320(c)

Courts apply it that way. In Burquet v. Brumbaugh, 223 Cal. App. 4th 1140 (2014), a man kept emailing and texting a former partner after she repeatedly asked him to stop, then came to her home and refused to leave. The Court of Appeal held: "Such a disturbance of plaintiff's 'peace' in the present case constitutes an act of 'abuse' under the DVPA." (Burquet v. Brumbaugh)

Texts that show a pattern of control can count too. The same subdivision says disturbing the peace includes coercive control, such as isolating you from friends and family, controlling your movements or money, or using threats to make you do things.

What if the person isn't a partner or family member?

Then the case is usually a civil harassment restraining order, and texts can support that too. The domestic violence law covers people with a close relationship to you. A neighbor, coworker or acquaintance falls under Code of Civil Procedure section 527.6, which defines "harassment" as:

"unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner." — Cal. Code Civ. Proc. § 527.6

A "course of conduct" includes "sending harassing correspondence to an individual by any means," and it can happen "over a period of time, however short." The bar is higher than in a domestic violence case: the judge must find "by clear and convincing evidence that unlawful harassment exists." That makes a complete, dated record of the messages more important, not less.

The domestic violence law covers a current or former spouse, someone you live or lived with, someone you are dating or used to date, the other parent of your child, and close relatives. If you are not sure which form fits, a court self-help center can tell you before you file. (Cal. Fam. Code § 6211)

Are text messages enough on their own?

Sometimes, but the judge decides. Section 6300 lets a court issue a domestic violence order "based solely on the affidavit or testimony" of the person asking for it, so texts are not required. When you have them, they back up your account with the other person's own words, dates and times, which is hard to argue with.

The texts have to be shown to be what you say they are. California Evidence Code section 1401(a) says: "Authentication of a writing is required before it may be received in evidence." (Cal. Evid. Code § 1401) In practice you testify that these are messages you received, from that person's number, and you point to details that only they would know. Our guide to California Evidence Code 1401 and text messages explains how courts have applied this, and are text messages admissible in court? covers the hearsay question.

How do you save the texts before your hearing?

Save the whole conversation from your own phone as soon as you can, and keep the phone. Texts disappear: people delete threads, phones get replaced, and auto-delete settings clear old messages. A few steps protect you:

1. Save before you block or change your number. Export or back up the thread first, then take whatever safety steps you need.
2. Don't delete anything, including messages that are embarrassing to you. A judge may want to see the whole exchange, and gaps invite questions.
3. Turn off auto-delete. On an iPhone, check Settings > Messages > Keep Messages and set it to Forever.
4. Get the full thread with the phone number, date and time on every message. A complete record is stronger than a few cropped screenshots, because it shows who sent each message, when, and what came before and after.
5. Write down what happened around each message. A short list of dates and events helps you explain the texts in your request and at the hearing.

Don't count on the phone company to fill the gaps. Carriers generally can't hand over what a text said in a civil case, as our guide to subpoenaing text messages from a carrier explains. Your phone is the source.

How do you show text messages to the judge?

Print them, bring copies, and bring the phone. The California courts' self-help guide lists "text messages" and "emails" among the evidence to gather, and says: "Make 3 copies of any document you want the judge to see": one for you, one for the other side and one for the court. (California Courts Self-Help Guide)

Make the printout easy to follow. Each message should show the sender's number, the date and the time, in order, with the messages you rely on marked. Keep the phone with you in case the judge or the other side asks to see the originals. Our guide on how to print text messages for court walks through the options for iPhone and Android.

Where Hearsay fits

Hearsay lets you collect the messages on your own phone yourself and turn them into a court-ready record. You plug your phone into a Mac or Windows computer, run the Hearsay app for about an hour, and get a PDF of your messages with the date, time, sender and phone number on each one, plus a metadata report and a certificate of authenticity. You can pick the contact and the date range, and send your attorney a secure link. Hearsay never touches the other person's phone.

It costs $100 flat, with no subscription, and if your attorney says the export isn't usable you get the full $100 back. No computer? You can rent a collection kit. Preserve your messages for court.

Frequently asked questions

Can I get a restraining order in California for text messages alone?

Possibly. California law lists harassing, contacting and "disturbing the peace" of a person, including by text message, as conduct a court can order someone to stop. A judge can also issue a domestic violence order based on your sworn statement alone. Whether your texts are enough depends on what they say and how the judge weighs them.

What counts as "disturbing the peace" in a text message?

Conduct that, considering everything that happened, destroys your mental or emotional calm. Family Code section 6320(c) says it can be done by text message, through online accounts or through another person. Repeated messages after you asked the person to stop, threats, and messages meant to control you can all qualify.

Do I need to print my text messages for a restraining order hearing?

Usually, yes. The California courts' self-help guide says to make 3 copies of any document you want the judge to see: one for you, one for the other side and one for the court. Bring your phone as well, so the originals are there if anyone asks.

Should I block the person before I save the texts?

Save first if you safely can. Export or back up the full conversation, then block the number. Don't delete the thread, even after you have a copy, because the messages on your phone are the originals everyone checks against.

Can the other person claim my screenshots are fake?

They can object, and the judge decides. You authenticate texts by testifying that you received them from that person's number and pointing to details that tie them to the sender. A complete export showing the phone number, date and time of every message is much harder to challenge than a few cropped screenshots.

What if the person uses a new number or an app to text me?

It can still count. Section 6320(c) covers conduct "by any method or through any means," including online accounts and other electronic technologies. You will need to connect the number or account to the person, for example through what the messages say, when they arrived, or the person admitting they sent them.