A California domestic violence restraining order (DVRO) is a civil court order issued under the California Domestic Violence Prevention Act (Family Code sections 6200 et seq.) that prohibits a person from contacting, harassing, threatening, stalking, or coming within a specified distance of the protected person. A DVRO is available to protect people in close domestic relationships -- spouses, former spouses, dating partners, cohabitants, and certain relatives. A DVRO differs from a civil harassment restraining order (which protects against harassment by non-domestic-relationship parties) and from criminal no-contact orders (which are issued in criminal proceedings as conditions of probation or bail).
The California restraining order system recognizes three levels of protection: an Emergency Protective Order (EPO), issued immediately by law enforcement at any hour; a Temporary Restraining Order (TRO), issued by the court on an ex parte basis (without notice to the other party); and a permanent DVRO, issued after a noticed hearing where both parties appear. Each level provides progressively more durable protection.
An emergency protective order (EPO) is available 24 hours a day, 7 days a week. Law enforcement officers can contact a judicial officer by phone at any hour and request an EPO on behalf of a victim. An EPO takes effect immediately and remains in effect for 5 to 7 calendar days -- long enough for the victim to go to court and file for a TRO. An EPO can include provisions requiring the restrained person to leave a shared residence, prohibiting contact, and establishing temporary custody arrangements for children. If you are in immediate danger, call 911 and ask law enforcement to request an EPO on your behalf.
How to file a restraining order in California: go to the family law clerk's office at your local Superior Court and file a Request for Domestic Violence Restraining Order (form DV-100). In the DV-100, you describe the abuse or threat of abuse, your relationship to the restrained person, and the specific protections you are requesting. You can request that the restrained person stay away from your home, work, school, and the children's school; that they not contact you in any way; that they move out of a shared residence; and that they relinquish any firearms in their possession.
A judge reviews your DV-100 declaration the same day you file it -- without the other party being notified or present. If the judge finds reasonable proof of past abuse or a reasonable apprehension of future abuse, the judge issues a Temporary Restraining Order that takes effect immediately. The TRO also sets a hearing date, typically within 20 to 25 court days, at which both parties appear and the court decides whether to issue a longer-term "permanent" DVRO. Obtaining a restraining order in California does not require a police report, although a police report can corroborate your declaration and strengthen your case at the hearing.
For a TRO, you need sufficient facts in your declaration to show that you have experienced domestic violence or have a reasonable apprehension of imminent domestic violence. Under the California Domestic Violence Prevention Act, domestic violence includes not just physical violence but also threatening conduct, harassment, stalking, sexual assault, and disturbing the peace. Text messages, voicemails, emails, photographs of injuries, and medical records can all support your request. You do not need to prove your case by a high standard at the TRO stage -- you need enough specific, credible facts to justify temporary protection until the noticed hearing.
At the full hearing, the standard is higher. The petitioner must show by a preponderance of the evidence (more likely than not) that the restrained person has committed or will commit domestic violence. At the hearing, both parties can present testimony, documents, and other evidence. The restrained person has the right to present their defense. If the court finds domestic violence is proven, it will issue a permanent DVRO lasting up to five years.
How long does a restraining order last? An EPO: 5 to 7 days. A TRO: until the noticed hearing, typically 20 to 25 court days. A permanent DVRO issued after the hearing: up to 5 years. A permanent DVRO can be renewed before it expires without the petitioner needing to show that new acts of abuse have occurred -- the court considers whether the protected person has a reasonable apprehension of future abuse if the order is not renewed.
Does a restraining order go on your record in California? A DVRO is a civil court record and is publicly accessible. It does not appear on a criminal background check unless there was an associated criminal conviction. However, it does appear in civil court searches and can affect employment background checks that include civil records. Firearms prohibition: any DVRO prohibits the restrained person from possessing firearms or ammunition for the duration of the order, under both California and federal law.
A domestic violence finding in connection with a DVRO has significant consequences in any related custody proceeding. California Family Code section 3044 creates a rebuttable presumption that awarding sole or joint physical or legal custody to a parent who has perpetrated domestic violence against the other parent or a child within the prior five years is detrimental to the best interests of the children. To overcome this presumption, the court must make specific findings that granting custody serves the best interests of the child despite the documented violence. In domestic violence cases, requesting a DVRO and coordinating it with your custody proceeding is strategically important.
A civil restraining order under Code of Civil Procedure section 527.6 -- called a civil harassment restraining order -- is available for harassment by people outside a domestic relationship: neighbors, coworkers, acquaintances, or strangers. The process is similar to a DVRO: you file a request with the court, a TRO can be issued the same day, and a noticed hearing follows within 20 to 25 days. The civil harassment standard requires proof of a course of conduct that seriously alarms, annoys, or harasses and serves no legitimate purpose, plus that the conduct would cause a reasonable person substantial emotional distress.
If you need a domestic violence restraining order, or if you are a respondent on a DVRO and believe the allegations are false or overstated, experienced legal representation is essential. The hearing involves live testimony and evidence presentation under formal court rules. A DVRO affects where you live, your ability to possess firearms, and if children are involved, your custody rights. Furubotten Law, APC represents both petitioners seeking DVROs and respondents challenging them throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary initial case evaluation.
Order of protection California: the term "order of protection" is used interchangeably with restraining order in California. A domestic violence restraining order (DVRO) and a civil harassment restraining order (under CCP 527.6) are both forms of protective orders. The DVRO is available for intimate partners and family members; the civil harassment order is available for non-domestic relationships such as neighbors, coworkers, and acquaintances. Both require a court filing, a noticed hearing, and proof of the underlying conduct.
Does an order of protection go on your record in California? A DVRO is a civil court record, publicly accessible in the Superior Court system. It does not appear on a criminal background check unless there was an associated criminal conviction (such as a criminal protective order issued as a condition of probation). However, civil background checks conducted by employers may include civil court records. The firearms prohibition in a DVRO is federally enforceable under 18 U.S.C. 922(g)(8) -- anyone subject to a qualifying restraining order is prohibited from possessing firearms under federal law.
Expired restraining order in California -- what happens: when a DVRO expires without being renewed, the restrained person is no longer subject to its prohibitions. The restraining order does not automatically renew. The protected party must file a request to renew before the expiration date. A court can renew a DVRO without requiring new acts of abuse -- the protected party need only show a reasonable apprehension of future abuse if the order is not renewed. If a DVRO has already expired before you seek renewal, you must file a new petition for a DVRO rather than a renewal.
Restraining order renewal California: the request to renew a DVRO must be filed before the current order expires. The hearing on renewal can be set after the expiration date, and the existing order remains in effect until the renewal hearing if the request was timely filed. At the renewal hearing, the court considers whether the protected party has a reasonable apprehension of future abuse -- not whether new acts of abuse have occurred. A history of severe violence, threats, or the restrained party's failure to comply with the existing order all support renewal.
Harassment attorney for civil harassment restraining orders: if you are experiencing harassment from a neighbor, coworker, acquaintance, or other person with whom you do not have a domestic relationship, a civil harassment restraining order under Code of Civil Procedure section 527.6 is the appropriate remedy. The standard requires proof of a course of conduct directed at you that would cause a reasonable person substantial emotional distress, serves no legitimate purpose, and actually caused you distress. Furubotten Law, APC represents both petitioners and respondents in civil harassment proceedings. Call (714) 795-3862.
Order of no contact in family law: beyond DVROs, California family courts can issue stay-away orders and no-contact orders as part of a child custody proceeding when there is evidence of domestic violence, harassment, or conduct harmful to the child. Family Code section 3064 authorizes emergency custody orders when a child faces immediate harm, including immediate custody orders that incorporate no-contact provisions.
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How do you get a restraining order in california? File a DV-100 Request for Domestic Violence Restraining Order at your Superior Court clerk's office -- a judge can issue a Temporary Restraining Order the same day, and a noticed hearing is then set within 20-25 court days.
