Domestic violence does not just involve physical harm. Stalking, threatening behavior, harassment, emotional abuse, and economic control are forms of domestic violence as well. In these situations, it is only natural to seek assistance to address the abuse. A domestic violence restraining order (DVRO) could help. A DVRO provides you with immediate protection from an abuser. It stops the abuser from contacting you, coming close, or inflicting more harm. Securing a DVRO will help you gain peace of mind and offer you legal help to protect yourself or your loved ones.
How do you get a domestic violence restraining order in California? This guide will show you how to secure one.
What is Domestic Violence in California?
The California Family Code Section 6203 describes domestic violence as abusive behavior directed at specific classes of individuals. It is not just about physical harm. It also covers anything meant to control, intimidate, or instill fear. You could be hurt via violence or threats, stalking, harassment, economic control, emotional manipulation, isolation, or property damage. Abusers instill a reasonable fear of harm in people so that they can maintain control.
Domestic violence affects more than just married couples. The law protects you from abuse if you are a current or former spouse, domestic partner, dating partner, co-parent, blood relative, or in-law. California recognizes domestic violence does not just occur between married couples and offers legal protection to those affected in other different relationships.
Children exposed to abuse that is not directly targeted against them suffer a lot emotionally and psychologically. Experiencing abuse can lead to anxiety and trauma. California courts consider these effects when deciding custody and protective orders to ensure the child's best interest is prioritized.
In California, if the abuser is someone you have a close, personal relationship with, you can file for a domestic violence restraining order. This includes your:
- Spouse
- Ex-spouse
- Domestic partner
- Ex-domestic partner
- Someone with whom you have a child
- Someone you are dating or used to date
- Close relatives, like parent, child, sibling, grandparent or in-law
These relationships are central to California’s legal definition of domestic violence.
To obtain a DVRO, you must prove that you have suffered abuse or threat of abuse. You must also present evidence that the threat is credible to the court.
Types of Domestic Violence Restraining Orders in California
California offers various types of orders, and their capacity to protect you varies based on how urgent your situation is and the circumstances involved. These orders can let you regain control and ensure your well-being while the legal process unfolds. The types are:
- Emergency protective order (EPO) — This order is available if you are in immediate danger. The police often issue this on the scene after a 911 call, lasting 5 to 7 court days. If police believe harm is likely, they request a judge for the order.
- Temporary restraining order — A TRO is an order that serves as a bridge between the time a full hearing is conducted and the longer-term order. It gives protection immediately for 20 to 25 days. You could ask for it by first providing initial evidence of the abuse or threat.
- Permanent restraining order — After a hearing, the court grants a permanent restraining order for up to 5 years, which can be extended. To acquire it, you must present evidence of abuse, like testimony, pictures, or messages. This order can include no-contact orders, stay-away distances, custody of children, and property restrictions.
How to Apply for a DVRO in California: Step-by-Step Guide
If you have been abused or are going to be harmed, you can obtain a domestic violence restraining order in California to protect yourself from the abuser through the law. The process is simple, but knowing how to do everything can help you move through it more easily. A step-by-step guide to obtaining DVRO helps you understand the process.
Step 1: Obtain the Necessary Forms
To start securing the DVRO, you need to obtain the necessary forms. The DV-100, or Request for Order, is the main form you will need. You can obtain this form from the California Courts website or your local courthouse. Advocacy groups that help with domestic violence can also help you with these forms and guide you through the process. Ultimately, a restraining order attorney’s help is what you need.
Other forms you may need include:
- Form DV-109 — Notice of Court Hearing
- Form DV-100 — Request for Domestic Violence Restraining Order
- Form DV-120 — Temporary Restraining Order
- DV-105 — Request for Child Custody and Visitation Orders
Gathering all the forms before moving forward is important, as they each serve a purpose.
Step 2: Fill out the Forms Correctly
After gathering the required forms, the next step is to fill them correctly. You should give detailed information about abuse or threats of harm you have suffered. Information you will need to include in key forms includes:
- DV-100 (Request for Order) — In the DV-100, you will identify yourself as the “protected person” and the abuser as the “restrained person.” You must describe the abuse in detail. Explain what happened on what date, where, and what type of abuse it was (physical, emotional, threats, harassment). Include photos, texts, or emails as evidence to support your claims. You could specify the protection you need, including stay-away orders, no-contact provisions, child custody arrangements, or a request to give up guns.
- DV-110 (Notice of Court Hearing) — This form schedules the court hearing so you and the restrained person can present your cases. Do not skip this form. It is essential for the process.
- DV-120 (Temporary Restraining Order) — If you want immediate protection, you can file this form with the DV-100. The judge will review the form and give a temporary order if needed. The order usually lasts 20 to 25 days until the hearing date.
- DV-130 (Firearm Relinquishment) — If your abuser has access to guns, you can ask the court to order them to give up their firearms. This form makes sure the abuser gives up their guns so you can be safe.
Furthermore, if you do not want the abuser to know your address, you can submit Form DV-800. This form keeps your contact information confidential.
Step 3: File the Forms With the Court
Once the forms are filled out, the next step is to file them with the court. You must submit your forms to the Superior Court in the county where you live or where the abuse happened. There is no fee to file a DVRO, and you could be eligible for a fee waiver if you cannot afford the fees. Keep copies of all the documents for your records.
After you file your forms, the court will set a hearing to decide if they will issue a DVRO. This would also require the restrained person to provide a copy of the filed forms.
Step 4: Requesting a Temporary Restraining Order (TRO)
In most cases, the court gives a temporary restraining order. The TRO aims to keep you safe while waiting for your court hearing. The TRO has 20 to 25 days to provide temporary relief until a judge can grant a more permanent restraining order. You should provide evidence of a danger or threat to your safety to secure a TRO.
The forms will go before a judge to see if a TRO is warranted. If approved, the restraining order is effective as soon as the restrained person is served with the order. At this point, the abuser must follow the instructions in the order.
Step 5: Serve the Restrained Person
After filing the forms and the TRO is issued, the next step is to serve the restrained person. This means delivering copies of the filed documents, like the TRO, to the abuser. You cannot serve the documents on your own. Instead, a sheriff or process server delivers the documents to the restrained person.
You must have someone serve the documents on the restrained person or otherwise serve their lawyer. After serving the restrained person, the server must complete a Proof of Service form (Form POS-030) stating that the documents were served. You need to submit this form in court for the process to be legally valid.
Step 6: Prepare for the Court Hearing
Before going to court, you will want to collect as much evidence as you can to support your case. This can include:
- Photos of injuries or property damage
- Medical records related to the abuse
- Police report if law enforcement was involved
- Messages from the abuser, which include text, emails, or social media posts
- Statements from witnesses who can corroborate your claims
- Any other evidence that helps prove that abuse or threats happened
Furthermore, you must be ready to testify about the abuse you experienced clearly. The judge will use your testimony and evidence to decide whether to issue a restraining order for the long term.
Having an attorney to help with the process is beneficial. A lawyer can help you assemble your facts and understand the court's rules. However, if you cannot afford an attorney, there is a legal aid service that can assist you.
Step 7: Attend the Court Hearing
The last step of getting DVRO is attending the hearing in court. This is your opportunity to present your case to the judge. Both you and the restrained person can testify at the hearing. The judge will examine all the evidence and decide whether a permanent order is warranted.
At the hearing, you will use the preponderance of evidence to show that the abuse occurred. This signifies that it is more likely than not that damage took place. If the person you are requesting a restraining order against does not appear, the judge will grant the DVRO based on any evidence you present.
A DVRO can be ordered by the judge for as long as five years, with the possibility of renewals. The judge could also order no-contact orders, stay-away orders, custody of children, and firearm restrictions for the restrained people.
What Happens After the Hearing?
Once you receive a domestic violence restraining order, you probably want to know what happens next. Knowing this can help ensure your safety and protection. Knowing how to enforce the order and what to do if something goes wrong is equally important.
When the court grants your DVRO, it will specify the terms to keep you safe. Your DVRO could include:
- A stay-away distance, for example, 100 yards
- A no-contact order prohibits the defendants from calling, texting, and emailing you
- A child custody and/or visitation arrangement
It is important to carry a copy of the DVRO at all times.
If the person restrained violates the DVRO, notify the police right away. The defendant can also violate the order:
- Directly, for example, appearing in person, or
- Indirectly, for example, by using a third party to contact you
Law enforcement officers should investigate and enforce the order to protect you.
If a judge denies your DVRO request, you still have options. You can either file an appeal, bolster your case with more evidence, or seek legal advice. A denial does not take away the fact that abuse happened. It just means the court was not convinced a restraining order was warranted based on the evidence presented.
Renewing the Restraining Order
You can renew your DVRO three months after its expiry. Renewing is usually easier than the initial application. You will need to prove that there is still a threat of abuse. If the court grants a DVRO, it can be renewed for another five years, giving you even more protection.
Find a Restraining Order Attorney Near Me
If you are experiencing domestic violence, you want to have protection. You should not have to suffer abuse, and California law provides legal tools for you to protect yourself. A DVRO restricts the other person from contacting you and requires them to stay away from you and your home. This step can save both you and your family from more harm.
Even though the legal process may seem intimidating, obtaining DVRO helps ensure you receive all the available legal protections. Attorneys at the Goldman Flores Restraining Order Law Firm can guide you through every step to protect your rights. Contact us today at 213-341-4087 to take decisive action and secure your future.
