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Domestic Violence Restraining Orders in California
Quick Answer. A domestic violence restraining order (DVRO) is a civil court order under California’s Domestic Violence Prevention Act (Family Code §§ 6200–6460) that protects a person from abuse, threats, or harassment by someone they share a close or intimate relationship with — a spouse, ex, dating partner, co-parent, or close relative. A judge can issue an emergency order through law enforcement in hours, a temporary order (TRO) the same day you file, and an order after a hearing that lasts up to five years and can be renewed. The petitioner must prove abuse by a preponderance of the evidence. A DVRO can order someone to stay away, move out, give up firearms, and follow custody terms — and it carries serious, lasting consequences. The Restraining Order Law Firm represents both petitioners seeking protection and respondents defending against an order. Call (888) 808-2179 for a free, confidential consultation.
Domestic violence restraining order in California: quick facts
| Question | Answer |
| What is a DVRO? | A civil protective order under California Family Code §§ 6200–6460 |
| Who can get one? | Spouses, exes, dating partners, co-parents, and close relatives |
| What does it protect against? | Abuse, threats, stalking, harassment, and coercive control |
| How long can it last? | Up to 5 years; renewable for 5+ years or permanently |
| What’s the burden of proof? | Preponderance of the evidence (more likely than not) |
| Is there a filing fee? | None |
| How fast can I get one? | A TRO often the same day; an EPO through police within hours |
| Firearm consequences? | Mandatory relinquishment within 24 hours |
| Custody consequences? | Triggers the Family Code § 3044 custody presumption |
| What if I was served? | You can respond (Form DV-120) and contest it at a hearing |
A domestic violence restraining order is one of the most powerful — and most consequential — tools in California family law. For the person seeking it, it can be the difference between safety and danger. For the person it names, it can mean losing their home, their firearms, time with their children, and their clean record. Either way, the stakes are too high to get wrong, and the timeline is short.
This page explains what a DVRO is, who can get one, what counts as abuse, exactly how the process works, what an order can do to you or for you, and the consequences that follow. Whichever side you are on, it points you to the next right step.
Talk to a restraining order lawyer — free, confidential consultation → (888) 808-2179
DVRO at a glance
| Governing law | Domestic Violence Prevention Act — Cal. Family Code §§ 6200–6460 |
| Who it protects | People in a defined domestic relationship (see below) |
| What it covers | Abuse: physical harm, threats, sexual assault, stalking, harassment, disturbing the peace, and coercive control (§ 6320) |
| Burden of proof | Preponderance of the evidence (more likely than not) |
| Emergency order (EPO) | Requested by police, issued by an on-call judge; lasts ~5–7 days (Fam. Code § 6250) |
| Temporary order (TRO) | Filed by the protected person; often granted the same day; lasts until the hearing |
| Hearing | Generally within 21 days (or 25 for good cause) of the TRO (Fam. Code § 242) |
| Order after hearing | Up to 5 years; renewable for 5+ years or permanently (Fam. Code § 6345) |
| Core forms | DV-100 (request), DV-109 (notice), DV-110 (TRO), DV-120 (response), DV-130 (order after hearing) |
| Filing fee | None for a DVRO (Fam. Code § 6222) |
| Major consequences | Firearm relinquishment (§ 6389), a § 3044 child-custody presumption, statewide CLETS entry, immigration and licensing exposure |
What is a domestic violence restraining order?
A domestic violence restraining order is a civil court order that directs one person (the restrained party, or respondent) to stop abusing, and usually to stay away from and have no contact with, another person (the protected party, or petitioner) with whom they share a domestic relationship. It is issued under the Domestic Violence Prevention Act (DVPA), Family Code §§ 6200–6460.
A DVRO is not a criminal conviction. It is a civil order — but violating one is a crime (Penal Code § 273.6), and the order itself can trigger criminal, firearm, custody, and immigration consequences. It is also distinct from a criminal protective order (CPO), which a criminal court issues when DV charges are filed, and from a civil harassment restraining order (CHRO), which covers people outside a domestic relationship. For how these compare, see How a DVRO differs from other California orders below and our Criminal Protective Order and Civil Harassment Restraining Order pillars.
For the full statutory framework, see our guide to Family Code §§ 6200–6460.
Who can get a domestic violence restraining order?
A DVRO is only available where there is a qualifying domestic relationship between the parties (Fam. Code § 6211). If the relationship does not fit one of these categories, the right tool is usually a civil harassment restraining order instead. You may seek a DVRO if the other person is your:
| Relationship | Examples |
| Spouse or former spouse | Current or ex-husband/wife |
| Registered domestic partner | Current or former |
| Person you are dating or used to date | Boyfriend/girlfriend, fiancé, former partner |
| Cohabitant or former cohabitant | Someone you live or lived with (Fam. Code § 6209) |
| Co-parent | A person with whom you have a child |
| Close relative | Parent, child, sibling, grandparent, grandchild, or in-law (within the second degree) |
A parent can also request protection on behalf of a minor child, and an order can name additional protected people (children, household members, relatives).
Not sure your relationship qualifies? That single question often decides whether you file a DVRO or a civil harassment restraining order — and it changes your burden of proof. We sort it out in a free consultation.
What counts as “abuse” under the DVPA?
“Abuse” is defined far more broadly than most people expect. Under Family Code §§ 6203 and 6320, abuse is not limited to physical violence. It includes:
- Physical harm — intentionally or recklessly causing or attempting to cause bodily injury.
- Sexual assault.
- Reasonable apprehension of imminent serious bodily injury — putting someone in fear of being hurt.
- Behavior that can be enjoined under § 6320 — molesting, attacking, striking, stalking, threatening, battering, harassing, making harassing phone calls, and destroying personal property.
- Disturbing the peace of the other party — conduct that destroys their mental or emotional calm (In re Marriage of Nadkarni). This is what lets non-physical abuse qualify.
- Coercive control — a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty: isolating them from support, controlling their movements or finances, monitoring or threatening them. Codified at Family Code § 6320(c).
Because the standard reaches emotional and controlling conduct — not just physical violence — many DVRO cases turn on patterns of behavior rather than a single incident. Learn more about coercive control in California.
What a DVRO can actually order
A DVRO is flexible. Depending on what the protected party requests and what the judge finds, an order can:
- Order no contact — no calls, texts, email, social media, or third-party messages.
- Set a stay-away distance from the protected person, their home, workplace, school, and vehicle.
- Order a move-out (“residence exclusion”) even from a shared home.
- Require firearm relinquishment within 24 hours and bar possession while the order is in effect (Fam. Code § 6389).
- Set temporary child custody and visitation (Forms DV-105 / DV-140) and trigger the § 3044 custody presumption.
- Order child or spousal support, and payment of debts or bills.
- Protect other people — children, relatives, and household members.
- Address pets, property control, and property restraint.
These terms are powerful for a petitioner and disruptive for a respondent — which is exactly why how the order is drafted and argued matters so much.
How the DVRO process works (step by step)
Most DVRO cases move through the same sequence. The forms and deadlines below are the spine of the case.
- (Optional) Emergency Protective Order (EPO). In a crisis, law enforcement can call an on-call judge and obtain an EPO that takes effect immediately and lasts about 5 to 7 days (Fam. Code § 6250) — long enough to file for a TRO. See Emergency Protective Orders and our 24/7 Emergency Help page.
- File the request (DV-100). The protected person files a Request for Domestic Violence Restraining Order (Form DV-100), asking the court for temporary orders. There is no filing fee (Fam. Code § 6222).
- Temporary Restraining Order (DV-110). A judge reviews the request — usually the same day, based only on the petitioner’s paperwork — and may issue a Temporary Restraining Order (Form DV-110) that lasts until the hearing. See Temporary Restraining Orders.
- Service on the respondent (DV-109 + DV-110). The respondent must be personally served with the Notice of Court Hearing (DV-109) and the papers before the hearing. Until served, a TRO generally cannot be enforced against them.
- The respondent’s response (DV-120). The restrained party may file a Response (Form DV-120) and present their own evidence. Doing nothing is dangerous — the order can be granted by default. See How to Fight a Restraining Order.
- The hearing. Generally held within 21 days of the TRO, or 25 days for good cause (Fam. Code § 242). This is a compressed trial: testimony, evidence, and cross-examination. If the hearing is continued, the TRO usually stays in effect until the new date (§ 245).
- Order after hearing (DV-130). If the judge grants the request, the Restraining Order After Hearing (Form DV-130) can last up to five years (Fam. Code § 6345).
- Renewal. Within the three months before it expires, a protected party can ask to renew the order for another five years or permanently — and, when contested, need only show a reasonable apprehension of future abuse, not new abuse (Ritchie v. Konrad; Fam. Code § 6345). See Permanent & Renewed Orders.
2024–2025 update. Under SB 459, the Judicial Council adopted dedicated forms for modifying an existing restraining order. If you need to change or end an order, see Permanent, Modify & Renew. (Confirm current form numbers at review.)
Real DVRO scenarios we see
These are common, hypothetical situations — not client stories — that show how California DVRO cases actually unfold. If one sounds like yours, the linked pages go deeper.
The breakup that turned into a restraining order. A dating relationship ends badly and one person files for a DVRO citing angry texts and a single heated argument. The real question is whether those messages amount to “abuse” or “disturbing the peace” under § 6320, or just an ugly breakup. Context, timing, and the full message thread — not a curated screenshot — often decide it. → Fighting a False DVRO
The custody dispute behind the petition. In the middle of a divorce or custody fight, one parent files for a DVRO. Because a DV finding triggers the § 3044 custody presumption, an order can reshape custody almost overnight — which is exactly why some of these petitions are filed, and why they have to be taken seriously by both sides, whether the abuse is real or the claim is strategic. → DVRO & Child Custody · DVRO & Divorce
The coercive-control case with no bruises. There was never any physical violence — but there was a pattern of isolation, financial control, monitoring, and threats. Since 2021, that pattern can itself be “abuse” under § 6320(c). These cases are won or lost on documenting the pattern over time, not on a single incident. → What is coercive control?
The case that lives in text messages. Screenshots, call logs, and social-media messages are the evidence in most modern DVRO cases. Authenticity, completeness, and context are everything: one message out of context can mislead a court, and the full exchange can clear someone. Preserving everything — before anyone deletes it — is step one for both sides. → What evidence do I need?
The emergency order at 2 a.m. Police respond to a call and request an Emergency Protective Order from an on-call judge. It takes effect immediately and lasts about five to seven days — just long enough to file for a TRO and then a full DVRO. → Emergency Protective Orders · Emergency Help 24/7
The firearm owner caught off guard. A respondent who lawfully owns firearms is served and learns they must relinquish every one within 24 hours and stop possessing them entirely while the order stands (Fam. Code § 6389) — with a separate federal prohibition on top. Handling the surrender correctly, and on time, is its own legal task. → Restraining Orders & Firearms
The default order nobody fought. A respondent ignores the papers, skips the hearing, and a five-year order is entered by default based only on the petitioner’s account — surfacing later on a background check or in a custody case. Many defaults can be challenged, but the window is short. → Vacate a Default Order
The order that’s about to expire. A protected party realizes their order ends soon and they’re still afraid. Within the three months before expiration, they can ask to renew it for another five years or permanently — and, when contested, need only show a reasonable apprehension of future abuse, not new abuse (Ritchie v. Konrad). → Permanent & Renewed Orders
If you need protection: getting a DVRO
If you are in danger, California law is built to protect you quickly — but it asks for proof, presented correctly. The strongest petitions are specific (dates, words, actions), corroborated (messages, photos, medical or police records, witnesses), and free of the overreach that hands the other side an easy attack.
We help petitioners obtain emergency and temporary protection, assemble admissible evidence, prepare an element-by-element declaration, carry the case through a contested hearing, and build firearm, custody, move-out, and stay-away terms that make the order meaningful and enforceable — not just granted.
→ How to Get a DVRO, step by step · What evidence do I need? · How a DVRO affects custody
In immediate danger? Call 911 first. Then call us at (888) 808-2179, or visit Emergency Help.
If you’ve been served: fighting a DVRO
If you have been served, you are the respondent — and a restraining order is not automatic. The petitioner has to prove their case to a judge, and you have the right to respond, present evidence, cross-examine, and be represented. Most respondents have more defense than they realize.
The viable paths usually come down to three: (1) the conduct doesn’t meet the statutory definition of abuse; (2) the allegations are false, exaggerated, or strategic — common in divorce, custody, and breakup disputes; or (3) an affirmative defense applies, such as self-defense or mutual conduct. A separate, high-value goal short of outright denial is a negotiated mutual stay-away without a DV finding — keeping the § 3044 custody presumption and the DV designation off your record. California does not casually issue mutual orders (Fam. Code § 6305).
One critical caution: obey the temporary order completely, even if the allegations are false. Violating it is a separate crime under Penal Code § 273.6 and nothing damages a defense faster. And if there is a parallel criminal case (Pen. Code § 273.5, § 243(e)(1), § 422, or § 646.9), your Fifth Amendment posture in the restraining-order hearing must be coordinated with the criminal defense.
→ Fighting a False DVRO · Legal Defenses · False Allegations
You have a short window to respond well. Call (888) 808-2179 for a free, confidential consultation.
If you were served with a DVRO, do not wait
The timeline is short and what’s on the line is not:
- Hearing dates arrive fast — generally within 21 days of the temporary order (Fam. Code § 242).
- Evidence disappears — texts get deleted, accounts get deactivated, and witnesses forget.
- Your firearm rights may already be affected the moment a temporary order issues.
- Your custody rights may be on the line under the § 3044 presumption.
- A default order can last five years if you miss the hearing.
The most important thing you can do is talk to a lawyer before your hearing. Call (888) 808-2179 now, or request a free consultation.
What’s at stake: consequences of a DVRO
A domestic violence restraining order is not “just paperwork.” An order against you can trigger:
- Firearm relinquishment — you must turn in firearms within 24 hours and cannot own or possess them while the order is in effect (Fam. Code § 6389; Pen. Code § 29825), plus a federal prohibition (18 U.S.C. § 922(g)(8)). A misdemeanor DV conviction adds a separate lifetime federal bar under the Lautenberg Amendment. See Restraining Orders & Firearms.
- A child-custody presumption against you — a rebuttable presumption under Family Code § 3044 that giving custody to a person who committed DV in the last five years is detrimental to the child. See DVRO & Child Custody.
- CLETS entry — the order is entered in California’s statewide law-enforcement database, visible to police.
- Immigration consequences — for non-citizens, a DV finding or violation can affect status (8 U.S.C. § 1227(a)(2)(E); VAWA protections may apply to protected persons). See Restraining Orders & Immigration.
- Professional-licensing exposure — reporting obligations for nurses, doctors, teachers, security and real-estate licensees, contractors, and attorneys.
- Public-record visibility — impact on background, housing, and reputation screening.
This is why fighting it — or seeking it — the right way, the first time matters so much.
Domestic violence restraining orders throughout Southern California
We represent petitioners and respondents in DVRO matters across Southern California. The Domestic Violence Prevention Act is statewide law — but how a case actually moves (filing logistics, how fast a hearing is set, how a given bench handles evidence, continuances, and remote appearances) varies by county and even by courthouse. That local knowledge is part of the work.
You generally file in the superior court of the county where you live, where the other person lives, or where the abuse happened. Here is the region we serve:
- Los Angeles County — the largest court system in the country, with DVRO matters heard from downtown to the Antelope Valley. High volume, crowded calendars, and the courthouse you’re routed to affects timing.
- Orange County — family-law restraining orders are concentrated at dedicated justice centers with a family-law-focused bench.
- Riverside County — a fast-growing county with courthouses from the city of Riverside out to the Coachella Valley; travel distance and courthouse assignment matter.
- San Bernardino County — the largest county by area in the country, where courthouse location can mean a long drive and filing logistics matter even more.
- San Diego County — a large, multi-courthouse system handling a high volume of DVRO matters.
- Ventura County — a more centralized court system serving the county’s coastal and inland communities.
What’s the same everywhere in California. The forms (DV-100, DV-109, DV-110, DV-120), the burden of proof (preponderance), the no-filing-fee rule (Fam. Code § 6222), the § 242 hearing window (about 21 days), and free sheriff service of the papers apply statewide. Every superior court has a self-help center and language-access services, and many California courts now allow remote (video) appearances for restraining-order hearings. What differs is the practical path — which courthouse, which clerk’s window, which calendar — and that’s where local experience changes outcomes.
Where DVRO cases are heard: Southern California courthouses
The courthouse assigned to your case is itself an important detail — each has its own filing window, self-help center, and calendaring practices. These are courthouses we appear in regularly. (Routing and procedure change over time; follow the links for local specifics.)
Los Angeles County. Stanley Mosk Courthouse (downtown LA), the Governor George Deukmejian Courthouse (Long Beach), Chatsworth Courthouse, Pasadena Courthouse, and Compton Courthouse, among others across the county.
Orange County. Lamoreaux Justice Center (the county’s family-law hub), Central Justice Center in Santa Ana, Harbor Justice Center in Newport Beach, West Justice Center in Westminster, and North Justice Center in Fullerton.
Riverside County. The Riverside family-law court in downtown Riverside and the Larson Justice Center in Indio, serving the Coachella Valley.
Beyond the tri-county core. In San Diego County, DVRO matters are heard at the central family court and regional branches; in San Bernardino County and Ventura County, at their respective family-law courthouses.
Filing and routing rules differ by courthouse and change over time — confirm your specific courthouse and its current filing and self-help procedures before you go. We handle that routing for our clients.
California domestic violence: by the numbers
Domestic violence is common, and DVROs are among the most-used civil orders in the state. A few figures for context (full sourcing on our statistics pages):
- 160,357 domestic violence-related calls for assistance were reported to California law enforcement in 2023 — about 6.1 per 1,000 adults ages 18–69 (California DOJ, OpenJustice; Penal Code § 13730 reporting).
- Domestic violence restraining order requests (Form DV-100) are tracked county by county in the Judicial Council’s Court Statistics Report — the authoritative source for California filing volumes.
- Nationally, roughly 1 in 4 women and 1 in 9 men experience severe intimate-partner physical violence in their lifetime (CDC, National Intimate Partner and Sexual Violence Survey).
The takeaway cuts both ways: protection exists because the need is real, and orders issue in large volumes — which is exactly why getting the facts, the evidence, and the legal standard right matters for petitioners and respondents alike. → California domestic violence statistics
(Figures current as of the cited reports; verify against the latest DOJ and Judicial Council data before publication.)
How a DVRO differs from other California orders
A DVRO is one of several California protective orders. The right one depends on the relationship and the forum:
| Order | Statute | When it fits | Burden |
| DVRO | Fam. Code §§ 6200–6460 | Abuse within a domestic/intimate relationship | Preponderance |
| CHRO | Code Civ. Proc. § 527.6 | Neighbors, strangers, coworkers — non-domestic | Clear & convincing |
| CPO | Pen. Code § 136.2 | Issued by a criminal court when DV charges are filed | Set by criminal court |
| EPO | Fam. Code § 6250 | Police-requested emergency order; bridge to a TRO | On-call judge, immediate danger |
Compare in depth: DVRO vs. Civil Harassment · Criminal Protective Orders · Emergency Protective Orders.
How The Restraining Order Law Firm helps — on both sides
We represent both petitioners and respondents in domestic violence matters. That two-sided experience is an advantage: we know how the strongest petitions are built, which means we know where weak ones break — and vice versa. (We screen every matter for conflicts before taking it; we never represent both parties in the same dispute. See how we represent both sides.)
For petitioners, we move fast to secure protection and build an order that holds up. For respondents, we protect your record, your firearms, your children, and your future — and coordinate with any parallel criminal defense. As a d/b/a of Barhoma Law, P.C., the firm pairs restraining-order practice with deep criminal-defense experience, which matters whenever a DVRO and a criminal case run side by side.
Call (888) 808-2179 or request a free consultation.
Frequently asked questions
It is a civil court order under the Domestic Violence Prevention Act (Family Code §§ 6200–6460) that protects a person from abuse by someone in a close or intimate relationship. It can order no contact, stay-away, move-out, firearm surrender, and custody terms.
A temporary order (TRO) lasts until the hearing — generally within 21 to 25 days. An order issued after the hearing can last up to five years (Fam. Code § 6345) and can be renewed for another five years or permanently.
Abuse by a preponderance of the evidence — more likely than not. This is a lower standard than the “clear and convincing” evidence required for a civil harassment restraining order, which is one reason the type of order matters.
A DVRO is a civil order entered into the statewide CLETS database and is generally a matter of public record, so it can appear in background, housing, and licensing screening. See Does a restraining order show on a background check?
Yes. A restrained party must relinquish firearms within 24 hours and cannot own or possess them while the order is in effect (Fam. Code § 6389), and federal law adds its own prohibition. See Restraining Orders & Firearms.
A DV finding triggers a rebuttable presumption under Family Code § 3044 that awarding custody to the restrained parent is detrimental to the child, with a five-year lookback. It can be rebutted, but it is a serious hurdle. See DVRO & Child Custody.
The judge can grant the order by default — for up to five years — based solely on the petitioner’s account. Filing a response (Form DV-120) and appearing at the hearing is essential.
No. There is no court filing fee to request a domestic violence restraining order (Fam. Code § 6222), and the sheriff can serve the papers at no cost.
Yes. A protected party can ask to dismiss it, and either party can move to modify or terminate an order; recent law (SB 459) added dedicated modification forms. See Permanent, Modify & Renew.
A DVRO is a civil order you request; a criminal protective order (CPO) is issued by a criminal court when DV charges are filed (Pen. Code § 136.2). The two often run in parallel over the same parties, and they must be coordinated. See Criminal Protective Orders.
You are not required to have one, but the hearing is effectively a compressed trial with lasting consequences — firearms, custody, and your record. Both petitioners and respondents are usually far better off represented.
Often very fast. A judge can issue a Temporary Restraining Order the same day you file the request, and in an emergency, police can obtain an Emergency Protective Order from an on-call judge within hours.
A Temporary Restraining Order (Form DV-110) is granted on the petitioner’s paperwork and lasts only until the hearing. The order after the hearing (Form DV-130) is issued after both sides are heard and can last up to five years.
A DVRO requires a domestic or intimate relationship and uses the preponderance standard. A civil harassment restraining order (CCP § 527.6) covers non-domestic situations — neighbors, coworkers, strangers — and requires the higher “clear and convincing” standard.
Yes. The temporary order is requested ex parte — without advance notice — so protection can be in place before the respondent is served. The respondent is then served and gets their say at the hearing.
No. Abuse includes threats, stalking, harassment, “disturbing the peace” (conduct that destroys your mental or emotional calm), and coercive control under § 6320(c) — none of which require physical violence.
Yes. A “residence exclusion” or “move-out” order can require the restrained person to leave a shared home, even one they own or lease, when the legal standard is met.
Yes. An order can protect children, relatives, and household members, and can set temporary custody and visitation terms (Forms DV-105 / DV-140).
The order binds the restrained person regardless of what the protected person does. You cannot rely on their invitation or informal “permission” — only the court can change the order, and contact can still be charged as a violation.
Rarely, and not casually. California courts will not issue mutual orders unless both parties filed and the judge makes detailed findings that both acted as a primary aggressor and neither acted in self-defense (Fam. Code § 6305).
File Form DV-120 before the hearing, obey the temporary order completely, preserve your evidence, and appear at the hearing prepared to show the conduct doesn’t meet the legal standard, that the claims are false or exaggerated, or that a defense applies.
A criminal protective order (Pen. Code § 136.2) may run in parallel with the civil DVRO. Your Fifth Amendment position in the restraining-order hearing must be coordinated with the criminal defense, because testimony there can affect the criminal case.
There is no court filing fee, but attorney fees vary with the complexity of the matter. We discuss scope and cost up front in a free consultation. See Fees & Costs.
Yes. Within the three months before it expires, a protected party can request renewal for another five years or permanently. When contested, the standard is a reasonable apprehension of future abuse — not proof of new abuse (Ritchie v. Konrad; Fam. Code § 6345).
Generally in the superior court of the county where you live, where the other person lives, or where the abuse occurred — Los Angeles, Orange, Riverside, San Bernardino, San Diego, or Ventura County. We handle filings and hearings across all of these. See Southern California above.
Whether you need protection or you’re fighting an order, the next move matters. Call (888) 808-2179 for a free, confidential consultation, or request one online.
The Restraining Order Law Firm is a d/b/a of Barhoma Law, P.C. This page is attorney advertising and general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Statutes, forms, and deadlines change — verify all references with counsel before relying on them.
























