How to Get a Domestic Violence Restraining Order in California: Process, Laws, and Support
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The Domestic Violence Prevention Act (DVPA) was established to prevent acts of domestic violence and sexual abuse, as well as to allow the parties involved to separate for a period sufficient to attempt to resolve the causes of such violence (California Family Code §6220). California Family Code, Section 6200, et seq., lists the necessary provisions of the Act, including the categories of persons protected, the types of abuse required to qualify for a protective order, and the types of protective orders that may be sought.
Understanding Domestic Violence in California
What is Domestic Violence?
Domestic violence is a pattern of abusive behavior in which one person seeks to exert power and control over another. It affects people of all genders, ages, and backgrounds, and can take many forms:
- Physical abuse: Hitting, slapping, punching, restraining.
- Emotional abuse: Manipulation, humiliation, gaslighting.
- Verbal abuse: Threats, name-calling, intimidation.
- Financial abuse: Controlling finances, restricting access to resources.
- Sexual abuse: Non-consensual acts, coercion.
Did You Know?
- In California, over 160,000 domestic violence-related calls were made to law enforcement in 2022.
- The National Coalition Against Domestic Violence (NCADV) reports that 1 in 4 women and 1 in 9 men experience severe physical violence by an intimate partner in their lifetime.
Who is Eligible for a Domestic Violence Restraining Order (DVRO)?
In order to determine whether you qualify for a domestic violence restraining order, it is important to ask the following questions:
How would you define your relationship with the person you seek to restrain?
Pursuant to California Family Code, Section 6211, the restrained person must be a:
- Spouse or former spouse
- Cohabitant or former cohabitant
- Person in a dating or engagement relationship
- Parent of your child
- Close blood relative (parent, child, sibling, grandparent)
This definition ensures that a wide range of familial and intimate relationships are covered under California law.
What Constitutes “Abuse” Under California Law?
Family Code, Section 6300, requires reasonable proof of a past act or acts of abuse. Such abuse may include:
- Physical violence or threats of violence
- Harassment (threatening, repeated calls, emails, texts)
- Stalking behavior
- Sexual abuse
- Verbal abuse that is extremely severe
Case Law Insight:
- In re Marriage of Nadkarni (2009): Emotional distress caused by reading private emails was sufficient to support a DVRO.
- Conness v. Satram (2004): Threats and non-physical intimidation qualified as abuse under the DVPA.
Types of Protection You Can Request
A domestic violence restraining order can grant various protections, including:
- Child Abduction Prevention Orders
- Child Custody and Visitation Orders
- Exclusion from the Dwelling
- Restitution for Financial Losses (e.g., medical bills, lost wages)
- Batterer’s Treatment Program Requirements
- Child Sexual Abuse Protective Orders
These orders aim to provide comprehensive protection, ensuring the safety of the victim and any dependents involved.
The Legal Process: Step-by-Step Guide
- Document the Abuse: Photos, texts, emails, police reports, medical records.
- Complete the Forms: Use California Judicial Council forms (DV-100, DV-110, etc.).
- File at Your Local Courthouse.
- Obtain a Temporary Restraining Order (TRO): Within 1–2 business days.
- Serve the TRO: Must be served on the restrained person (sheriff or process server).
- Attend the Hearing: The court decides on a Permanent Restraining Order (up to 5 years).
- Enforce the Order: Violation may lead to arrest or contempt of court.
Safety Planning and Emotional Support
A safety plan can save lives. Consider:
- Packing a “go bag”: ID, cash, keys, medications, legal documents.
- Identifying safe places: Family, friends, shelters.
- Updating passwords and securing electronic devices.
- Contacting hotlines and legal aid services.
Additional Legal Considerations
Interstate Enforcement:
- DVROs are enforceable across the U.S. under Full Faith & Credit (Violence Against Women Act – VAWA).
Immigration Relief:
- Non-citizens may seek protection under VAWA and related immigration laws.
Resources & Support
- National Domestic Violence Hotline: 800-799-SAFE (7233)
- California Courts – DV Information: Self-Help Domestic Violence
- California Partnership to End Domestic Violence: CPEDV
- Divorce Digest – Domestic Violence Resources
Frequently Asked Questions (FAQs)
What qualifies as abuse for a restraining order in California?
Abuse can include physical violence, threats of harm, stalking, harassment (including repeated calls or messages), sexual assault, or severe emotional distress. California’s Family Code (Section 6200+) broadly defines abuse to include non-physical acts like controlling behavior or financial control.
Can I get a DVRO against a family member who is not a spouse or partner?
Yes. California law allows DVROs against close relatives such as parents, children, siblings, grandparents, or in-laws if there is proof of abuse.
How long does it take to get a restraining order in California?
A Temporary Restraining Order (TRO) is usually issued within 1-2 business days of filing. A hearing for a Permanent Restraining Order is typically scheduled within 3 weeks. In urgent situations, an ex parte order can be granted the same day.
What happens at a DVRO court hearing?
The judge will review evidence, hear testimony from both sides, and decide whether to grant a Permanent Restraining Order (lasting up to 5 years). The hearing may involve witness statements, documentation, and police reports.
What if I need a restraining order but don’t have a lawyer?
You can file on your own (pro se), but it’s highly recommended to seek legal help. Many organizations offer free legal clinics and assistance. Visit Divorce Digest’s Contact Page or LawHelpCA for resources.
Can I include my children in the restraining order?
Yes. If your children are at risk of abuse or harm, you can request that the court include them in the protective order.
What should I do if the restrained person violates the order?
Call the police immediately. Violating a DVRO is a criminal offense in California and may result in arrest, fines, or jail time.
Can I file a DVRO if the abuse happened a long time ago?
Yes, as long as you can show a pattern of abuse or that the past abuse still causes fear for your safety. However, the more recent the abuse, the stronger your case will typically be.
Can I get a DVRO if I’m undocumented?
Yes. Immigration status does not affect your right to seek protection. You may also qualify for immigration relief under the Violence Against Women Act (VAWA).
How does a DVRO affect child custody and visitation?
A DVRO can lead to orders modifying or restricting custody and visitation if the court determines it’s necessary for child safety.
Can a DVRO be modified or terminated?
Yes, either party can request a modification or termination of the order by filing a motion with the court.
How long does a DVRO last in California?
A Temporary Restraining Order lasts until the hearing. A Permanent Restraining Order can last up to 5 years, and you may request an extension before it expires.
Can I renew my restraining order after it expires?
Yes, you can apply to renew the restraining order before it expires. The court will review the request and decide whether to grant an extension.
What if I need protection immediately?
You can request an ex parte emergency order without notifying the other party if there is an immediate risk of harm. This order can often be granted the same day.
Need Help? Take Action Today!
If you are experiencing domestic violence, don’t wait; seek help today.
- Visit Divorce Digest for expert guidance, legal insights, and support resources.
- Explore our Domestic Violence Lawyer in Los Angeles page: Domestic Violence Lawyer Los Angeles
- Contact us at Divorce Digest for a confidential consultation.
- Call the National Domestic Violence Hotline at 800-799-SAFE (7233).
