Domestic violence restraining orders can have an immediate and significant effect on everyone involved. In California, a restraining order may restrict contact, require someone to leave a shared home, affect child custody and prohibit firearm possession. Whether you are requesting protection or have been served with restraining-order papers, understanding the process is essential.
Because these cases often move quickly, speaking with an experienced San Diego domestic violence defense lawyer can help you understand your rights, responsibilities and legal options.
What Is a Domestic Violence Restraining Order?
A domestic violence restraining order, commonly called a DVRO, is a civil court order intended to protect someone from abuse or threatened abuse by a person with whom they have a close personal relationship.
A person may generally request a DVRO against:
A current or former spouse
A current or former dating partner
A co-parent
Someone closely related by blood or marriage
A person who lives or previously lived in the same household
California law defines domestic abuse more broadly than physical violence. Allegations may involve threats, harassment, stalking, destroying property, unwanted contact or conduct that disturbs another person’s peace. Courts may also consider certain patterns of coercive control.
A criminal arrest or conviction is not required for someone to request a restraining order.
Temporary Domestic Violence Restraining Orders
When a person files a DVRO request, a judge may review the application without the accused person initially being present. If the judge believes immediate protection may be necessary, the court can issue a temporary restraining order.
Temporary orders generally remain effective until the scheduled court hearing. Depending on the allegations and requested relief, the judge may order the restrained person to:
Avoid all contact with the protected person
Stay away from a home, workplace, school or vehicle
Move out of a shared residence
Avoid contacting specific family or household members
Follow temporary child custody or visitation orders
Pay certain bills, child support or spousal support
Avoid possessing or purchasing firearms and ammunition
A temporary order is not a final determination that abuse occurred. It is designed to maintain safety and stability until both sides have an opportunity to appear in court.
What Happens at the DVRO Hearing?
The court usually schedules a hearing after the request is filed. The person requesting protection must properly serve the restrained person with the court papers. Those papers will contain the hearing date and describe the temporary orders, if any.
At the hearing, both parties may present evidence, testify, call witnesses and respond to the other party’s allegations. Relevant evidence may include:
Text messages and emails
Photographs or videos
Medical records
Police reports
Social media posts
Voicemails
Witness testimony
The judge will evaluate the credibility of the parties and the evidence presented. The court may deny the request, modify the temporary orders or issue a longer-term DVRO. In California, a restraining order issued after a hearing can last for up to five years and may later be eligible for renewal.
What Should You Do If You Are Served?
Never ignore restraining-order papers. Read every page carefully and obey all temporary orders, even if you believe the accusations are false or exaggerated. Violating an order can lead to arrest, criminal charges and additional consequences in the restraining-order case.
Do not contact the protected person to discuss the allegations, apologize or attempt to “work things out” unless the order specifically allows that contact. A protected person cannot privately give you permission to violate a court order.
You should also preserve potentially relevant evidence. Save complete text-message conversations, emails, photographs, call records and social media communications. Avoid deleting or altering anything. Write down a detailed timeline while the events are still fresh in your memory.
A written response may be filed before the hearing. Because the response and supporting evidence can influence the outcome, consider having a California criminal defense attorney review the allegations and help you prepare.
Can a DVRO Affect a Criminal Case?
A restraining-order matter is generally a civil proceeding, but the same allegations may also lead to a criminal investigation or prosecution. Statements made in restraining-order paperwork or during testimony could potentially affect a related domestic violence case.
A DVRO may also affect:
Child custody and visitation
Employment or professional licensing
Housing arrangements
Immigration matters
Firearm rights
Future background checks
When civil and criminal cases overlap, legal strategy becomes especially important. A person should avoid making statements without understanding how they could be used in another proceeding.
Speak With a San Diego Domestic Violence Defense Lawyer
Domestic violence restraining orders can reshape a person’s living arrangements, family relationships and legal rights with little notice. If you have been served with DVRO papers in San Diego County, act promptly, comply with every existing order and prepare carefully for the hearing.
Jacob Austin Law provides defense representation for individuals facing domestic violence allegations and related criminal charges. Contact the office to discuss your circumstances and learn how an attorney may help protect your rights.
This article provides general educational information and does not constitute legal advice. Reading this article or contacting the firm does not create an attorney-client relationship.