Restraining Orders and DVRO in California — How to Get One
Domestic violence restraining orders — DVROs — are among the most powerful and consequential orders a California family court can issue. They can require a person to move out of a shared home, surrender firearms, stay away from the protected party's residence and workplace, and have no contact with their children. They can also dramatically affect child custody proceedings. Understanding how the DVRO process works — whether you are seeking protection or contesting an order — is critical.
Financial abuse — controlling a partner's access to money, running up debt in their name, or preventing them from working — is recognized as a form of domestic abuse under California law and may support a restraining order application.
Getting a restraining order California courts issue requires filing the correct forms and presenting credible evidence of abuse or threat of harm.
What Is a DVRO?
If you need to know how to get a restraining order or how can I obtain a restraining order in California, this guide explains the complete process. A restraining order attorney can help you navigate the application, evidence requirements, and hearing. The term DVRO meaning refers to a Domestic Violence Restraining Order — a specific type of protective order under California family law. A no contact order is a related but distinct order that may be issued in both criminal and family court proceedings. A Domestic Violence Restraining Order (DVRO) is a court order under the Domestic Violence Prevention Act, Family Code §6200 et seq., that protects a person from abuse by a spouse, former spouse, domestic partner, dating partner, or family member. Abuse under California law is broadly defined — it includes not only physical violence but also threats, harassment, stalking, disturbing the peace, and destruction of property under Family Code §6320.
A DVRO can order the restrained person to:
- Have no contact with the protected party (no calls, texts, emails, or contact through third parties)
- Stay a specified distance away from the protected party's home, workplace, vehicle, and children's school
- Move out of a shared residence immediately
- Surrender all firearms and ammunition
- Pay spousal support or child support
- Follow specific custody and visitation arrangements
Types of Restraining Orders in California
Emergency Protective Order (EPO) — An EPO under Family Code §6250 is issued by law enforcement at the scene of a domestic violence incident. It can be issued any time of day or night and takes effect immediately. An EPO lasts only five to seven court days — just long enough for the protected party to file for a Temporary Restraining Order.
Temporary Restraining Order (TRO) — A TRO is obtained by filing a petition with the family court. The petitioner files without the respondent being present (ex parte), and a judge reviews the application and either grants or denies the TRO based on the written declaration and supporting evidence. If granted, the TRO lasts until the noticed hearing, typically 20-25 days later. A TRO can include all the same orders as a final DVRO.
Domestic Violence Restraining Order (DVRO) — Final Order — After a noticed hearing at which both parties have the opportunity to present evidence and testimony, the court issues a final DVRO if it finds that abuse occurred or there is a reasonable apprehension of imminent serious bodily injury. A final DVRO can last up to five years and may be renewed.
How to Get a Restraining Order in California
To obtain a Temporary Restraining Order, file a DV-100 (Request for Domestic Violence Restraining Order) and DV-109 (Notice of Court Hearing) with the family law clerk at your local courthouse. You will also complete a DV-101 (Description of Abuse) detailing the incidents of abuse. No filing fee is required for DVRO applications. The clerk submits the paperwork to a judge, who reviews it the same day (or within 24 hours) and either grants or denies the TRO.
If granted, the TRO must be served on the respondent. The sheriff's office or a process server can serve the papers. The respondent is then notified of the hearing date. At the hearing, both parties present evidence — testimony, texts, photos, medical records, police reports — and the judge decides whether to issue a final DVRO.
What Evidence Is Needed for a Restraining Order?
California courts apply a preponderance of the evidence standard for DVROs — meaning the petitioner must show it is more likely than not that abuse occurred. Helpful evidence includes:
- Text messages, emails, voicemails, and social media messages showing threats, harassment, or controlling behavior
- Photographs of injuries, damaged property, or the scene of incidents
- Medical records documenting treatment for injuries
- Police reports from prior incidents
- Witness statements from neighbors, friends, or family members who observed the abuse or its aftermath
- Prior restraining orders or criminal protective orders involving the same person
Courts regularly grant TROs based on the petitioner's declaration alone when it is sufficiently detailed and credible. However, the final hearing requires more robust evidence if the respondent contests the order.
DVRO and Child Custody
A DVRO has immediate and significant consequences for child custody. Family Code §3044 creates a rebuttable presumption that it is detrimental to the best interests of the child to have sole or joint custody with a parent who has committed domestic violence within the past five years. This presumption applies once the court makes a domestic violence finding — meaning a DVRO against a parent effectively places them in a disadvantaged position in any concurrent or subsequent custody proceeding.
The restrained party can rebut the §3044 presumption by showing completion of a batterer intervention program, compliance with any probation or parole requirements, compliance with any restraining order, and lack of any further domestic violence. Courts do not automatically deny all custody to a parent who has committed domestic violence, but the finding triggers a process that requires active rebuttal.
Contesting a Restraining Order in California
If you have been served with a Temporary Restraining Order, you have the right to appear at the noticed hearing and contest the order. Contesting a DVRO effectively requires preparation — presenting your own evidence, cross-examining the petitioner, and demonstrating to the court that the alleged abuse did not occur or does not meet the legal standard. Responding party declarations (DV-120) must be filed and served before the hearing.
False allegations of domestic violence in custody disputes do occur, and courts take this seriously. Evidence that a restraining order was sought primarily to gain a tactical advantage in custody proceedings — rather than out of genuine fear — can affect the outcome of both the DVRO and the custody case.
DVRO and Firearms
Federal and California law prohibit a person subject to a DVRO from possessing firearms or ammunition. The restrained party must surrender all firearms within 24 hours of being served with a TRO and provide proof of surrender to the court. Violation of the firearms prohibition is a criminal offense.
Serving Orange County and Riverside County Clients
Furubotten Law, APC represents both petitioners seeking protection and respondents contesting restraining orders at courts throughout our service area. The Menifee Justice Center and the Southwest Justice Center both have dedicated DVRO calendars, and we practice regularly before both. If you need emergency protection or have been served with a restraining order, call (714) 795-3862 immediately. These matters move quickly and experienced representation from the outset makes a significant difference.