What Happens After a Domestic Violence Restraining Order Hearing?
Going through a domestic violence restraining order (DVRO) hearing is an emotionally charged experience. But once the judge issues a ruling, many people are left wondering: now what? Whether the court granted or denied the order, the outcome of that hearing sets off a chain of legal consequences that can touch nearly every corner of your life, from where you live to how often you see your children. Here is what you need to know about life after a DVRO hearing in California.
If the Court Grants a Restraining Order
When a judge issues a DVRO after a hearing, the order can remain in effect for up to five years and may be renewed. The restrained person is typically prohibited from contacting, approaching, or harassing the protected party. But the order can also go much further than that.
A granted DVRO can directly affect custody and visitation arrangements. Under California Family Code section 3044, there is a legal presumption that granting sole or joint custody to a person subject to a DVRO is detrimental to the child’s best interests. In practical terms, this means a restrained parent faces a significant legal hurdle to obtain custody, and must demonstrate, among other things, that they have completed a batterer intervention program and complied with the order’s terms.
Beyond custody, a granted order may also require the restrained party to:
- Leave a shared home immediately
- Surrender any firearms in their possession
- Pay the protected party’s attorney fees and costs
- Attend counseling or a batterer intervention program
- Stay away from the protected party’s workplace or children’s school
These are serious consequences, and they do not resolve themselves when the hearing ends.
If the Court Denies the Restraining Order
A denial does not necessarily mean the situation is safe or that the case is over. The judge may have found insufficient evidence at that moment, but a denial does not prevent the petitioner from returning to court with additional evidence or if new incidents occur. It also does not resolve any underlying family law matters, such as custody disputes, that may have been intertwined with the DVRO request.
For the person who sought the order, this can feel like a devastating outcome. It is important to document any ongoing concerns and speak with someone who understands how to build a stronger case going forward.
How a DVRO Intersects with Your Divorce or Custody Case
One of the most important things to understand is that a DVRO does not exist in a vacuum. If you are going through a divorce or separation at the same time, the DVRO hearing’s outcome will almost certainly influence those proceedings. Property access, spousal support, child custody schedules, and even temporary living arrangements can all be shaped by what the court decides. The two legal tracks, family court and domestic violence court, often run in parallel and feed into each other in ways that are easy to miss if you are navigating them alone.
Speak with an Attorney About Your Next Steps
The period immediately following a DVRO hearing is critical, and the decisions you make in those days and weeks can have long-lasting effects on your case. Our team of San Francisco domestic violence attorneys at Cardwell Steigerwald Young LLP is here to help you understand what the ruling means for you and what steps to take next. Whether you are seeking protection or responding to an order issued against you, we encourage you to reach out to us today to discuss your situation.
Source:
California Family Code section 3044.
