Domestic violence impacts countless lives across California, but a Domestic Violence Restraining Order (DVRO) can be a powerful legal shield. Below is an essential guide to understanding, obtaining, and enforcing a DVRO in California.
What Is a Domestic Violence Restraining Order?
A domestic violence restraining order is a court-issued order that protects individuals from abuse or threats of abuse by someone with whom they share a close relationship. This includes spouses, ex-spouses, domestic partners, cohabitants, or individuals you are currently or were previously dating. Family members, such as parents, children, or siblings, may also qualify for these protections.
Domestic violence includes a wide range of harmful behaviors, such as physical violence, sexual assault, emotional abuse, stalking, and harassment. It extends beyond physical harm—psychological abuse, threats, and coercion are also forms of domestic violence. The law aims to protect victims from all types of harm that can occur within intimate or familial relationships.
The primary goal of a DVRO is to protect victims by legally restricting the abuser’s actions. Depending on the circumstances, the order may include provisions that:
- Prohibit the abuser from contacting or approaching you.
- Require the abuser to move out of a shared residence.
- Grant temporary custody or visitation arrangements for children.
- Mandate the surrender of firearms.
- Include additional requirements, such as financial support or counseling.
- Protect pets from harm or removal by the abuser.
Understanding the Different Types of Domestic Violence Restraining Orders
California law provides several types of DVROs, tailored to the circumstances and urgency of each situation:
Emergency Protective Order (EPO)
An EPO is issued by law enforcement to provide immediate protection and is valid for up to seven (7) days. This temporary measure gives the victim time to seek a more permanent restraining order. EPOs are typically requested during situations involving law enforcement intervention, offering a crucial window of safety.
Temporary Restraining Order (TRO)
A TRO offers short-term protection until a court hearing can take place, typically lasting 20 to 25 days. These orders are often granted based on the evidence provided in the initial filing and do not require the abuser to be present at the time of the request.
Permanent Restraining Order
A permanent restraining order is issued by a judge after a court hearing, after both parties have the opportunity to present their case. These orders can last up to five years and are renewable, providing a long-term and more enduring form of protection.
Criminal Protective Order (CPO)
A CPO is issued by a judge during an ongoing criminal case to protect the victim and any witnesses. Prosecutors typically request these orders in cases involving domestic violence or related criminal charges.
How to File for a Domestic Violence Restraining Order (DVRO)
Filing for a DVRO can feel overwhelming, but the process is designed to help victims secure the protection they need. Follow these key steps:
- Complete the Necessary Forms: Fill out the required forms, including Form DV-100 (Request for Domestic Violence Restraining Order) along with any additional forms specific to your situation. These forms will ask for detailed descriptions of the abuse, your relationship with the abuser, and the type of protection you are seeking.
- File the Forms with the Court: Submit your completed forms to the court clerk. In California, there is no filing fee for DVROs. The clerk will assign a case number and scheulde a hearing date.
- Request a Temporary Restraining Order (TRO)if Necessary: If you need immediate protection, you can request a TRO when you file your forms. Based on the information you provide, the judge may grant this temporary order to ensure your safety until the hearing.
- Serve the Papers: The abuser must be served with copies of your DVRO request and the notice of the court hearing. Service can be done by a law enforcement officer or professional process server. Proper service is crucial to ensure the respondent has the opportunity to attend the hearing.
- Attend the Court Hearing: At the hearing, both you and the respondent will have the chance to present evidence and testify. If the judge grants the restraining order, it will take effect immediately. Having legal representation can be highly beneficial to ensure your rights are fully protected.
Evidence Needed for a Restraining Order
To strengthen your case for obtaining a DVRO, it is important to present strong evidence supporting your claims. This evidence may include:
- Police reports documenting incidents of abuse.
- Medical records that detail injuries or treatments.
- Photos or videos showing injuries or property damage.
- Witness statements from friends, neighbors, or family members who observed the abuse or its aftermath.
- Text messages, emails, or voicemails containing threats, harassment, or abusive language.
- Records of past incidents, including detailed descriptions with dates and times.
The court reviews evidence on a case-by-case basis. Indirect evidence, such as changes in behavior or psychological impacts on children, may be considered as part of the overall context.
Enforcing a Domestic Violence Restraining Order (DVRO)
Once a DVRO is issued, it is legally binding, and any violation of its terms can result in serious consequences, including arrest, fines, or jail time. If the abuser violates the order, you should follow these steps:
- Call the police immediately. Provide law enforcement with a copy of the restraining order so they can take appropriate action.
- Document the violation. Use photos, videos, or witness statements to record the incident. Detailed documentation is critical for law enforcement and any potential legal proceedings.
- Inform your attorney. Notify your attorney of the violation to explore further legal action. Repeated violations may result in stricter penalties or additional protective measures.
Modifying or Terminating a Restraining Order
Circumstances can change, and either you or the restrained party may seek to modify or terminate the order. To do so, a request must be filed with the court. A judge will review the request and decide if the modification is justified. Common reasons for requesting changes include adjustments to custody arrangements, attempts at reconciliation, or evolving safety concerns.
Impact on Child Custody and Visitation
Domestic violence allegations can have a significant effect on child custody and visitation arrangements. California family courts prioritize the child’s best interests and may restrict or supervise visitation for a parent subject to a DVRO. In some cases, full custody may be granted to the non-abusive parent.
If you are concerned about your children’s safety, it’s essential to address these issues during the restraining order hearing. Present evidence of abuse and work with an experienced family law attorney to advocate for appropriate custody arrangements that protect your children. Resources such as supervised visitation centers can help ensure safer interactions between the abusive parent and the child, if necessary.
How a Professional Family Law Attorney Can Help
Professional family law attorneys are dedicated to guiding domestic violence victims through the legal process with compassion and expertise. An experienced attorney can assist you with the following:
- Preparing and filing restraining order requests.
- Gathering and presenting evidence to support your case.
- Representing you during court hearings.
- Advocating for your rights in custody and visitation matters.
- Ensuring that the restraining order is properly enforced.
A skilled attorney understands the emotional and physical toll domestic violence takes and is committed to providing the support you need during this challenging time.
Domestic violence restraining orders are a powerful tool for safeguarding individuals from abuse. If you or someone you know needs legal protection, don’t hesitate to take action. The team at Madigan & Lewis, LLP, is here to guide you every step of the way. Contact us today to schedule a consultation and learn more about your rights and options. Your safety and well-being are our top priorities, and we are dedicated to helping you regain control of your life with compassionate, effective legal support.
The information provided herein is for general informational purposes only and does not constitute legal advice. Comments or questions posted on this blog do not establish an attorney-client relationship. For specific legal advice tailored to your situation, please consult with an attorney.
