Domestic Violence Restraining Order FAQ

A Domestic Violence Restraining Order (DVRO) is a court order issued under California Family Code Section 6200-6409 that protects individuals from abuse by someone with whom they have an intimate relationship. The DVRO can prohibit contact, require the abuser to stay away from specific locations, grant temporary custody of children, and order the abuser to move out of a shared residence.

California law defines abuse broadly under Family Code Section 6203 to include physical harm, threats of harm, sexual assault, stalking, harassment, destruction of property, and disturbing the peace. The abuse does not have to be physical - emotional abuse, threats, and harassment also qualify. The order applies only to specific categories of relationships including current or former spouses, cohabitants, dating partners, parents of a child together, and certain family members.

A DVRO is different from other types of restraining orders because it provides broader protections and can affect custody, property rights, and firearm possession. The process is designed to be accessible without requiring an attorney, and there are no filing fees under Family Code Section 6300.

To file for a DVRO in California, you must complete form DV-100 (Request for Domestic Violence Restraining Order) and form DV-109 (Notice of Court Hearing) at your local courthouse. Under Family Code Section 6300, there is no filing fee for domestic violence restraining orders. You must describe the abuse incidents with specific dates, times, and details. The more specific you are, the stronger your case.

The court will review your request the same day or next business day and may issue a Temporary Restraining Order (TRO) valid for 21-25 days until the hearing. The court will schedule a hearing within 21 days per Family Code Section 245. You must have the respondent personally served with all court papers at least 5 days before the hearing under Code of Civil Procedure Section 1005. Personal service means someone 18 or older (not you) must hand-deliver the papers to the respondent.

File proof of service (form DV-200) with the court before your hearing. If the respondent cannot be served, you may request additional time or alternative service methods. Attend your hearing even if the respondent does not - the judge can still grant your order. Bring all evidence and any witnesses who can support your case.

For a DVRO hearing under Family Code Section 6300, you need to prove abuse by a preponderance of the evidence (more likely than not). Strong evidence includes police reports, photographs of injuries or property damage, medical records documenting injuries, threatening text messages or emails, voicemails, witness testimony from people who saw the abuse or its aftermath, and a detailed written declaration (form DV-100) with specific dates and incidents.

California Evidence Code Section 1370 allows hearsay statements describing abuse if certain conditions are met, such as statements made to medical providers or law enforcement. Bring multiple copies of all evidence - one for the judge, one for the respondent, and one for yourself. Evidence of a pattern of abuse is particularly compelling. Document everything chronologically with dates, times, locations, and descriptions of what happened.

Under Evidence Code Section 352, judges must balance probative value against prejudice, but domestic violence evidence is generally admissible to show the relationship dynamics and likelihood of future abuse. If you have witnesses, prepare them to testify about what they personally saw or heard. Character witnesses who can testify about changes in your behavior or condition can also be helpful.

Under California Family Code Section 6345, a permanent DVRO can last up to 5 years from the date of the hearing or the date of service, whichever is later. Despite the name, a "permanent" order is not truly permanent - it expires after the specified duration. The court determines the length based on the severity of abuse and likelihood of future harm.

The protected party can request to renew the order before it expires by filing form DV-700 (Request to Renew Restraining Order). Under Family Code Section 6345(a), the court may renew the order for additional periods of up to 5 years if there is reasonable apprehension of future abuse. You do not need to prove new abuse occurred - just that you still fear for your safety. There is no limit to how many times an order can be renewed.

Temporary restraining orders (TROs) issued at the initial filing last only until the court hearing date, typically 21-25 days. Emergency Protective Orders (EPOs) issued by police under Family Code Section 6250 last only 5-7 days and are designed to provide immediate protection until you can get to court to request a longer-term order.

Violating a DVRO is a serious crime under California Penal Code Section 273.6. A first violation is typically charged as a misdemeanor punishable by up to one year in county jail and/or a fine up to $1,000. The violation can be any intentional and knowing violation of any order term, including contact through third parties, approaching within the stay-away distance, or failing to surrender firearms.

If the violation involves an act of violence or a credible threat of violence, or if the defendant has a prior conviction for violating a protective order within 7 years, it can be charged as either a misdemeanor or felony under Penal Code Section 273.6(d), with felony penalties including up to 3 years in state prison. Call 911 immediately if someone violates your restraining order. Police can arrest the violator without a warrant if they have probable cause to believe a violation occurred.

You should also file a police report, document the violation with photos, screenshots, or recordings if safe to do so, and may file for contempt of court under Family Code Section 6320, which can result in additional fines and jail time. Save all evidence of violations including voicemails, texts, emails, photos, and witness information. Violations can also be used as evidence if you need to renew the order.

CLETS (California Law Enforcement Telecommunications System) is a statewide database that immediately notifies all law enforcement agencies in California about active restraining orders. Under Family Code Section 6380, the court must transmit restraining order information to CLETS by the end of the next business day after issuance. This ensures that any police officer in California can instantly verify your restraining order exists if you call 911 or encounter law enforcement.

CLETS registration is automatic and free - you do not need to do anything special. Officers can see the order's terms, the protected parties, and the restrained person's information. This is crucial because it prevents the abuser from claiming the order does not exist and enables immediate enforcement. The system updates in real-time when orders are modified or expire.

CLETS also connects to the National Crime Information Center (NCIC), providing nationwide protection. The CLETS entry helps prevent situations where an abuser claims no order exists, and enables immediate arrest for violations even in jurisdictions far from where the order was issued. You should still carry a certified copy of your order for your records, but CLETS verification is the primary enforcement tool.

Yes, California Family Code Section 6211 defines domestic violence relationships broadly beyond just marriage or cohabitation. You can obtain a DVRO if the respondent is someone you are dating or used to date, even if you never lived together. The relationship must be or have been a romantic or intimate one beyond ordinary friendship. Courts look at factors like the length of the relationship, frequency of contact, and nature of the relationship.

Under Family Code Section 6210, you can also get a DVRO against the other parent of your child regardless of whether you ever lived together or had a romantic relationship. Other qualifying relationships include current or former spouses, registered domestic partners, cohabitants (living together in a romantic relationship), and close family members like parents, children, siblings, grandparents, in-laws, and other relationships by blood or marriage within the second degree.

If your situation does not qualify for a DVRO - for example, a roommate who is not a romantic partner, a neighbor, or an acquaintance - you may still be able to obtain a Civil Harassment Restraining Order under Code of Civil Procedure Section 527.6. Civil harassment orders protect against harassment, threats, stalking, or violence from people who do not have a qualifying domestic relationship with you.

A DVRO under Family Code Section 6320 can include multiple types of orders tailored to your specific situation. Personal conduct orders prohibit harassment, threats, stalking, contacting you directly or indirectly (including through third parties, phone, email, text, or social media), and coming within a specified distance of you. Stay-away orders require the abuser to stay away from you, your home, your workplace, your vehicle, your children's schools, and other specified locations, typically at least 100 yards.

Residence exclusion orders under Family Code Section 6321 can require the abuser to move out of your shared home even if they own it or are on the lease. Custody and visitation orders grant temporary custody of children to you and may order supervised visitation for the abuser under Family Code Section 3100. Property control orders can grant you temporary use of vehicles, wireless phones, and other property. The court can order the abuser to complete a 52-week batterer intervention program under Penal Code Section 1203.097.

Under Family Code Section 6342, the court can also order firearms relinquishment, which requires the abuser to surrender all guns and ammunition within 24 hours. The court may order spousal support, child support, payment of costs including attorney fees under Family Code Section 6344, and payment of property damage caused by the abuse. The court can also issue orders about debt payments and insurance coverage.

No, you do not need a lawyer to obtain a DVRO in California, and many people successfully represent themselves. The court forms (Judicial Council forms) are designed to be filled out without legal assistance, and court self-help centers provide free assistance with paperwork. Court staff can help you understand the process and forms but cannot give legal advice about your specific situation or tell you what to say.

However, having a lawyer can be beneficial, especially if your case involves complex custody issues, significant property, contested facts, or if the respondent has hired an attorney. Under Family Code Section 6224, if you cannot afford an attorney, the court may order the respondent to pay your attorney fees if they have the ability to pay. This determination is made based on the relative financial circumstances of both parties.

Many domestic violence organizations provide free legal assistance through domestic violence legal clinics, or can refer you to low-cost legal services. You can also request a court-appointed attorney in some circumstances. Whether you have a lawyer or not, prepare thoroughly for your hearing with organized evidence, a clear written declaration describing abuse incidents chronologically with specific details, and witness testimony if available. Court clerks cannot give legal advice but can help with procedural questions like where to file and how to serve papers.

Yes, a DVRO has significant consequences for firearms and child custody. Under California Family Code Section 6389 and Penal Code Section 29825, anyone subject to a DVRO is prohibited from owning, possessing, or purchasing firearms or ammunition. The court must order the restrained person to relinquish all firearms within 24 hours by selling them to a licensed dealer or transferring them to law enforcement. The restrained person must file a receipt proving relinquishment within 48 hours.

Failure to relinquish firearms is a felony under Penal Code Section 29825 punishable by imprisonment. This prohibition also applies under federal law (18 USC Section 922(g)(8)), which makes it a federal crime to possess firearms while subject to a qualifying protection order. The prohibition lasts as long as the restraining order is in effect, and the person cannot purchase firearms during this time.

Regarding custody, Family Code Section 3044 creates a rebuttable presumption that it is detrimental to the child's best interest to award custody to a person who has committed domestic violence within the previous 5 years. This means the burden shifts to the abusive parent to prove by a preponderance of evidence that granting custody would be in the child's best interest - a difficult standard to meet. Courts often order supervised visitation initially and may require completion of batterer intervention programs under Penal Code Section 1203.097, parenting classes, drug testing, and counseling before considering unsupervised contact.