If you are in danger right now
Call 911. For confidential support and safety planning any time, day or night, call the National Domestic Violence Hotline at 1-800-799-7233. Your safety comes first. Legal steps can come after.
A domestic violence restraining order (DVRO) is a civil court order that protects a person from abuse by someone close to them. That can include a spouse or ex-spouse, a current or former dating partner, a person you live or lived with, a co-parent or certain family members.
Under California law, "abuse" is not limited to physical harm. It can include threats, stalking, harassment, and behavior that controls or isolates a person.
Emergency protective orders (EPOs)
An emergency protective order is a short-term order that police can request from a judge at any hour, often right after they respond to an incident. You do not have to go to court to get one. An EPO lasts only a few days. It is meant to give you time to ask the court for a longer order.
If you have an EPO, do not wait. Start the request for a temporary restraining order right away so there is no gap in protection.
Temporary orders vs. orders after hearing
Temporary restraining order (TRO). The person asking for protection (the "petitioner") files a request with the court. A judge reviews it, often the same day or the next court day, and may issue a TRO without the other person present. The TRO lasts until the court hearing. The other person (the "respondent") must be formally served with the papers.
Order after hearing. At the hearing, both sides can present evidence and testimony. The judge then decides whether to issue a longer-term restraining order. An order after hearing can last for years and can be renewed.
A DVRO can order a person to stay away, move out of a shared home, and have no contact. It can also include temporary custody, visitation and support orders. A restrained person is generally not allowed to own or possess firearms or ammunition while the order is in effect.
If you are the petitioner
Be clear and specific. Describe what happened, when and where, in your own words. Bring any proof you have. We can help you prepare your request and present your case at the hearing.
If you are the respondent
Take the papers seriously. Follow the temporary order exactly, even if you believe it is unfair. Do not contact the petitioner to "talk it out," even through friends or social media. File your response before the deadline and come to the hearing prepared. A restraining order can affect where you live, your time with your children and your right to own firearms.
How a restraining order can affect custody
California law takes domestic violence very seriously in custody cases. Under Family Code section 3044, if a judge finds that a parent committed domestic violence against the other parent, the child or certain others within the past five years, the law presumes that giving that parent sole or joint custody is not in the child's best interest.
This is a "rebuttable presumption." That means the parent can try to overcome it by showing, with evidence, that custody would still be in the child's best interest. The judge must consider specific factors, such as completing a batterer's intervention program or parenting classes.
Because of this, a DVRO hearing can affect a custody case for years. Both petitioners and respondents should prepare carefully. Learn more on our child custody page.
What to bring to court
- All papers you filed or were served with, plus copies
- Photos of injuries or property damage
- Texts, emails, voicemails and social media messages, printed or saved
- Police reports and medical records, if any
- Names of witnesses, and any written witness statements
- Proof of service, if you are the petitioner
- Any existing custody or support orders
Organize your evidence by date. Bring enough copies for the judge and the other side.
Talk with a Whittier restraining order lawyer
These cases move fast, and hearings are often set within weeks. Steven Ibarra personally handles every case, offers same-day appointments in person or by video, and is available 24/7. Call (562) 612-7806 or contact us to schedule a consultation. You can also read our family law FAQs or return to our family law overview. Hablamos español.