Legal Question in Criminal Law in California

Your statement of facts is not clear. The procedure to obtain a domestic violence restraining order is to file a request for a temporary restraining order. The court may deny the temporary restraining order request. However, you should serve her with the request for a domestic violence restraining order. There will be a hearing on your request. After receiving testimony the court will determine whether or not the restraining order should be issued and the length of time it should be in effect.

If she is not served with the papers there will not be a trial and there is no chance for a restraining order, without starting the process over.