How to Obtain a Domestic Violence Restraining Order in California

Domestic violence is not always a single act of abuse or violence. Sometimes it is a pattern of repeated threats, unwanted contact, physical harm, stalking, intimidation, property destruction, or behavior designed to undermine another person’s sense of safety. In California, a Domestic Violence Restraining Order (DVRO) can provide legal protection by ordering an abusive person to stay away, stop contacting you, move out of a shared home, and comply with other restrictions designed to protect you, your family, and your property. Depending on the circumstances, a DVRO can also address firearms, child custody and visitation, support, pets, and other issues.

What Counts as Abuse Under California Law

California’s Domestic Violence Prevention Act defines “abuse” broadly. It is not limited to the actual infliction of physical bodily injury or assault.  California Family Code section 6203 defines “abuse” as:

–Intentionally or recklessly causing, or attempting to cause bodily injury;

–Sexual assault;

–Placing someone in reasonable apprehension of imminent serious bodily injury to themselves or another person; and

–Engaging in conduct that can be prohibited under Family Code section 6320.

Under Family Code section 6320, a court may issue an order prohibiting conduct such as stalking, threatening, harassing, battering, sexually assaulting, destroying personal property, contacting the protected person directly or indirectly, coming within a specified distance, or disturbing the other person’s peace. The statute also recognizes that disturbing someone’s peace can involved conduct that destroys the person’s mental or emotional calm, including conduct carried out through texts, online accounts, internet-connected devices, or other electronic technology.

Who Can Get a California DVRO?

A DVRO is available when the person seeking protection and the person to be restrained have one of the relationships covered by the Domestic Violence Prevention Act, which includes spouses and former spouses, people who are dating or formerly dated, people who have a child together, and certain relatives or household members. If the relationship between the parties do not qualify under the Domestic Violence Prevention Act, another type of restraining order may be more appropriate like a Civil Harassment Restraining Order.

Filing for Immediate Protection

The process typically begins with a request for a domestic violence restraining order. A petitioner completes court forms describing the abuse in detail and submits them to the Superior Court. Because these requests are often reviewed the same day and without notice to the other party, a judge can grant emergency temporary protection based solely on the petitioner’s written declaration, provided it offers reasonable proof of past abuse. There is no filing fee for this type of request, and courts are required to allow electronic submission of the paperwork.

Once signed, the temporary order must be personally served on the restrained person to take effect. From that point forward, its terms, whether a stay-away distance, a move-out requirement, or temporary custody arrangements, are legally enforceable statewide.

What Happens at the Court Hearing

A hearing date is set within a few weeks of the temporary order, and both sides are expected to appear. At this stage, the Judge will consider whether to issue a longer-term restraining order. This is where preparation becomes especially important. The protected party has the burden to prove by a preponderance of the evidence that the abuse occurred. A preponderance of the evidence means that the abuse more than likely occurred. Relevant evidence may include:

• Text messages, emails, voicemails, or social media communications;
• Photographs of injuries or property damage;
• Medical records, police reports, prior restraining orders, or other official or court records;
• Witness statements or testimony; and
• Other records that help establish the abusive conduct described in the request for the DVRO.

If the court finds the abuse more likely than not to have occurred, it can issue a longer-term order lasting up to five years. If the respondent fails to appear, the court may grant the requested protections without further notice.

Restraining orders can also include provisions beyond physical separation, such as firearm restrictions, temporary child custody terms, and financial support while the case is pending. Because these orders intersect with custody, housing, and even immigration matters in some cases, the stakes of getting the paperwork and testimony right are high.

If you are trying to protect yourself or your children from an abusive situation, you do not have to navigate the court process alone. At Cardwell Steigerwald Young LLP, we help clients throughout the Bay Area prepare strong petitions, gather the right evidence, and present their case clearly at every stage of the hearing. Contact our San Francisco domestic violence attorneys for help taking the next step toward safety.

Sources:

California Family Code section 6203.

California Family Code section 6320.