Domestic Violence Restraining Orders

Professional legal guidance to protect your rights and ensure your safety under California law

UNDERSTANDING YOUR RIGHTS

What is a Domestic Violence Restraining Order (DVRO)?

A Domestic Violence Restraining Order is a court order that is designed to provide for a separation period sufficient to enable involved partes to seek a resolution of the causes of the violence. For a temporary DVRO to be granted, there needs to be reasonable proof of abuse.

Abuse as defined in Family code section 6203 include:

Intentionally or recklessly cause/attempt to cause bodily injury, or
Sexual assault, or
Placing a person in reasonable apprehension of imminent serious bodily injury to that person or another, or
Behaviors that have been or could be enjoined: molest, attack, strike, stalk, threaten, sexually, assault, batter, credibly impersonate another person, falsely impersonate, harass, destroy personal property, disturb the peace of another.

Certain relationships are required to come under a DVRO. In order to file under a domestic violence restraining order, the domestic violence must be against (1) a spouse or former spouse, or (2) cohabitant/former cohabitant, or (3) current or former dauting/engaged partner, or (4)party with whom a person has a child/children with, or (5) child of party or child subject to paternity action, or (6) consanguinity, or affinity to 2nd degree, such as parents, grandparents, siblings and children.

What does a DVRO do?

A DVRO prevents a restrained party from certain actions such as calling you (and your protected parties), coming within a certain distance of you/your protected parties’ home, school workplace, etc. A DVRO pay also have provisions for temporary child custody and support orders. It can include a move-out order from a shared residence. It also requires a restrained party to give up their firearms and ammunition.

What should I do if I am seeking a DVRO or was served with a DVRO?

If you are seeking to file a restraining order or have recently been served with a Domestic Violence Restraining Order (DVRO), it’s important to take action quickly. A restraining order lawyer with experience in domestic violence cases can help you understand your legal options, protect your rights, and represent you in court.

A DVRO can have serious and lasting effects on your life — including your immigration status, employment opportunities, and child custody rights. That’s why working with an experienced restraining order attorney is critical.

If You Have Been Served With a DVRO:

Read all court paperwork carefully. Understand the temporary orders against you.
Obey all temporary restraining orders (TROs) — do not contact the protected person.
Note your court date, time, and location. Missing your hearing could result in a permanent order being issued against you.
Contact a DVRO defense lawyer immediately to prepare your response and gather evidence.

If You Are Seeking a DVRO:

If you are a victim of domestic violence, an attorney for restraining orders can help you file for protection, prepare your declaration, and ensure your case is clearly presented to the judge. Having the right legal representation can make a difference in obtaining the protection you need.

Why You Need a Restraining Order Attorney?

DVRO cases are emotional and complex. An experienced domestic violence attorney can guide you through each step, help you make informed decisions, and represent your best interests in and out of court.

Let our restraining order lawyers help you navigate this difficult process with compassion, skill, and dedication.

What is the process like?

If you are the Petitioning Party seeking a Domestic Violence Restraining Order (DVRO), you must prepare and file the required court forms and include all supporting evidence with your paperwork. Once your petition for a temporary restraining order is filed, the judge may issue a Temporary Restraining Order (TRO) immediately if there is sufficient evidence of danger or abuse.

The court will then schedule a hearing—typically within about 21 days. Before that hearing, the Petitioner must ensure the Respondent is personally served with the court documents and notice of the hearing date. Proper service is crucial; failure to serve the Respondnet on time can delay or dismiss your case” with “failure to serve the Respondent on time can cause a delay or even lead to a dismissal of your case.

For the Respondent

If you have been served with a DVRO, you are entitled to one continuance (postponement) of the hearing. Many Respondents use this time to consult with an experienced restraining order attorney to prepare their defense and gather evidence. Acting quickly is important to protect your rights and build a strong case.

The Evidentiary Hearing

At the evidentiary hearing, both the Petitioner and Respondent will have the opportunity to:

This hearing functions as a mini-trial, and the judge will decide whether to issue, deny, or modify the restraining order based on the evidence presented. Because this process can be legally complex and emotionally charged, having skilled legal representation can make a significant difference.

Let our experienced DVRO attorneys guide you through each stage of the restraining order process and advocate for your best interests in court.

The Standard of Proof

The Petitioner bears the burden of proof. Petitioner must meet this burden by a “preponderance of the evidence” standard.

Why it is crucial to hire the right attorney ?

Selecting the right lawyer for your restraining order case can make all the difference. These cases require not only legal knowledge but also the skill to present your side convincingly in court. Although you have the right to represent yourself, navigating the legal system and presenting your case effectively can be challenging and overwhelming – and may place your case at a disadvantage, especially if you are unfamiliar with the law or courtroom procedure.

Our experienced attorneys understand the nuances of restraining order cases and will fight to protect your rights and ensure your side is heard.

Protect Your Rights Today

Discover how a Domestic Violence Restraining Orders can safeguard your safety and peace of mind.