Domestic violence is a serious issue that affects people across all communities, including those in LGBTQ relationships. While public awareness has grown, abuse in same-sex and gender-diverse relationships has often been overlooked or misunderstood. California law provides vital protections through Domestic Violence Restraining Orders (DVROs), which help ensure safety and define legal boundaries for those experiencing abuse.
Whether you are seeking protection or have a restraining order against you, understanding the DVRO process is essential. For survivors, abuse is not always physical; it can be emotional, psychological, or digital. For those restrained, understand your legal rights and obligations to avoid unintentionally violating court orders and to respond appropriately. This guide explains who can be accused of domestic violence, the DVRO process in California, and the consequences of violating a DVRO as an LGBTQ individual.
Types of Domestic Violence that are Specific to LGBTQ Relationships
LGBTQ relationships may involve physical, emotional, psychological, sexual, and economic abuse. This may include acts such as hitting, pushing, unwanted sexual contact, or threats of harm.
Psychological and emotional abuse
This may involve someone insulting you based on your gender identity or sexual orientation, constantly criticizing you, or threats of abandonment or self-harm to manipulate you.
Economic abuse
This involves restricting your use of money, interfering with your employment, and taking on debt in your name.
Outing
One type of abuse that is specific to LGBTQ relationships is outing, when a person threatens to disclose your sexual orientation or gender identity against your will.
Digital Abuse
Examples of digital abuse can be continuous texting, password requests, or observation of your web actions. These activities infringe on your privacy and may make you feel insecure.
Abusers can also cut you off by minimizing your contact with helpful relatives, friends, or LGBTQ organizations.
According to California law, threats, stalking, harassment, and the destruction of property (physical, emotional, economic, or digital) are considered viable grounds to apply for a DVRO. You must identify these behaviors when you want to be protected.
Individuals Accused of Domestic Violence in LGBTQ Relationships
Domestic violence laws in LGBTQ cases are gender and identity-neutral. Any person who fits the legal definitions of an intimate partner or a family/household member can be accused.
- Intimate Partners
- Current or past spouses and registered domestic partners
- Current or former dating partners, whether or not they are cohabitants
- Custody or co-parents who are not romantically involved but have a child together
- Household or Family Members
- Blood relatives (for example, siblings, parents, children)
- Non-relatives who live together in a dating or intimate partner relationship (not merely roommates)
- Stepchildren and stepparents
Because California law protects individuals regardless of sexual orientation or gender identity, anyone who abuses an LGBTQ individual can face restraining orders and additional legal consequences. In some cases, separate criminal charges may also apply.
How to File for a DVRO
Making a DVRO Request
To obtain a Domestic Violence Restraining Order (DVRO) in California, the petitioner must be eligible under Family Code Section 6211. This means they must have been abused by someone with whom they have a qualifying relationship, such as an LGBTQ+ partner, ex-spouse, co-parent, dating partner, or certain household members.
Required Forms
To request a Domestic Violence Restraining Order (DVRO), petitioners must complete several standardized forms used throughout California:
- Request for Order (DV-100): The petitioner describes the abuse and formally asks the court to issue protection.
- Temporary Restraining Order and Notice of Hearing (DV-110): Allows the court to grant immediate, short-term protection and sets a date for the hearing.
- Confidential CLETS Information (CLETS-001): Provides law enforcement with details necessary to enforce the order. This information is not shared with the respondent.
Depending on the case, additional required forms may include:
- Declaration of Related Cases (L-1120): Used to disclose any other legal cases involving the same parties.
- Ex Parte Notice (L-1124): Filed when asking the court to act without first notifying the other party, typically in emergencies
Optional Forms
Depending on the case, petitioners may submit an Income and Expense Declaration (FL-150) or a No Travel with Children Request (DV-108), such as when seeking financial support or preventing unauthorized travel with a child.
Supporting Evidence
A petitioner should support their request with evidence such as police reports, medical records, injury photos, threatening messages, and witness statements. A sworn declaration will describe and reference all submitted evidence.
Temporary Orders and Filing
After this, forms are filed in person, by e-filing (where permitted), or in a drop box at a courthouse. A judge reviews the Temporary Restraining Order (TRO) petition within one business day and may grant emergency protection for 20–25 days until the hearing.
Serving the Restrained Person
It is essential to notify the respondent legally. Service should be done by a disinterested adult, such as a sheriff deputy or professional process server, not by the petitioner or anyone named in the paperwork.
Some counties, such as Los Angeles, require petitioners to give the respondent at least four hours’ notice before an ex parte hearing, unless the court waives the notice due to safety concerns.
The request to waive notice must be explained in writing. Once the delivery is made, the server fills in a Proof of Personal Service (DV-200) that the petitioner files to establish notice. The full hearing might be delayed without appropriate service, delaying long-term restraining orders.
What Happens at the DVRO Hearing
During the hearing, which is usually held after 21 days of filing, the petitioner and the respondent are present, usually with the assistance of attorneys, to give testimony and evidence.
In LGBTQ cases, survivors should be prepared to explain how the alleged abusive behavior fits within California’s legal definition of abuse. When no physical evidence is available, the judge will often evaluate each party’s credibility based on their consistency and demeanor during testimony.
If the judge finds that abuse occurred, they may issue a long-term restraining order lasting up to five years, which may include no-contact provisions, stay-away orders, and firearm surrender requirements. Once granted, the order takes effect immediately and remains enforceable for the specified duration.
Legal Protections Provided by a DVRO
DVROs in California may include numerous restrictions depending on the survivor's needs. Typical provisions include the following:
No Contact Orders:
Restricts the restrained individual from communicating with the protected individual in any way, including phone calls, texts, email, social media, or via third parties. Communication between the legal counsel is usually permitted unless the court states otherwise.
Stay-Away Orders
The restrained person must stay a specified distance (typically 100 yards) from the survivor’s home, work, school, or other designated locations. Distances may be modified to suit special situations.
Move-Out Orders
In joint households, the abuser can be asked by the court to leave the house, and the survivor can live there without being harassed.
Firearm Surrender
The restrained individual must surrender all firearms and ammunition to law enforcement or sell them to a licensed dealer within 24 hours and file proof of compliance with the court within 48 hours. The restrained person is also prohibited from possessing, owning, or purchasing firearms during the DVRO period.
Child-Related Orders
In the case of children, the DVRO may contain temporary or permanent custody, visitation, and support arrangements and orders prohibiting child abduction.
Pet Protection Orders
These orders provide the survivor with sole access to or ownership of household pets, except that the abuser is not allowed to take, abuse, or threaten them.
Mandatory Programs:
These programs may require the restrained person to attend counseling, anger management, or batterer intervention programs, which may last up to 52 weeks, and parenting classes, where appropriate.
Modifying, Renewing, and Enforcing a DVRO
The normal long-term DVRO in California is up to five years. But any orders relating to child custody or support could still be effective until the child reaches 18, even after the restraining order has expired.
Survivors who still perceive themselves as at risk can make a renewal request, preferably within three months before expiration, free of charge. A reasonable fear of future abuse is all that is necessary at the renewal hearing, and there is no need to prove new abuse. Judges can renew an order for five years or, in some instances, they may make it permanent.
The petitioners and the respondents can request changes to an existing DVRO. To modify the provisions of custody, visitation, or support, the parties submit a Request for Order (FL-300) and, when needed, an Income and Expense Declaration (FL-150). Any changes in parenting time must be accompanied by other forms, such as the Child Custody and Visitation Application (FL-311).
Modifying an active restraining order is typically free of charge. However, a small fee may apply if the original order has expired and the change pertains only to custody or support.
Consequences for Violating a DVRO
A DVRO provides clear and enforceable boundaries to survivors, including those in LGBTQ relationships. Violating a DVRO can lead to an arrest and criminal charges, depending on the circumstances and available evidence. These legal consequences are intended to protect survivors and deter further abuse.
The consequences for the restrained individual can be significant and long-lasting. They may be legally prohibited from visiting specific locations or contacting the protected person, and the court may order them to move out of a shared residence.
Since a DVRO is recorded in the California Law Enforcement Telecommunications System (CLETS), it will appear on background checks used by police, prosecutors, licensing boards, and potential employers. As a result, the restrained individual may face difficulties obtaining employment, securing housing, or maintaining or acquiring professional licenses.
Non-citizen restrained individuals must also consider the immigration consequences; a restraining order may affect visa applications or residency status. Although a DVRO is a civil order, violations of its terms may lead to misdemeanor or felony criminal charges, which are punishable by imprisonment, fines, probation, and compulsory counseling..
Also, a majority of DVROs cannot be expunged or sealed. Even after expiration, a DVRO may still appear in court records and could be discovered during comprehensive background checks, such as those conducted for security clearances or professional licensing. While the primary goal of a DVRO is protection, not punishment, the consequences for the restrained individual can be severe and long-lasting.
Legal Defense of Respondents
If you are charged with domestic violence, even in a same-sex relationship, California law handles your case the same as any other. If law enforcement cannot identify the primary aggressor, both parties may be arrested.
However, California law encourages officers to identify and arrest only the primary aggressor. Any statements made at the scene may be used against you in court. You should avoid speaking with law enforcement without first consulting an attorney.
A domestic violence defense attorney, particularly one who has experience with LGBTQ cases, can:
- Inform you of your rights and explain the legal process
- Challenge false or exaggerated statements
- Bargain on other options such as counseling or community service
- Ask to have charges reduced or dismissed
Since police and prosecutors might not be sensitive to LGBTQ dynamics, it is necessary to hire an informed attorney who will defend your interests and give you the best possible result.
Advocacy and Legal Aid Organizations
The Los Angeles LGBT Center offers LGBTQ trauma-informed legal services to survivors of intimate partner violence, hate crimes, harassment, and police misconduct. They offer:
- Safety Planning and Crisis Intervention: Creation of short-term and long-term protection strategies.
- Attorney Consultations and Restraining-Order Preparation: Professional advice on filing court paperwork and learning legal rights.
- Court Accompaniment and Advocacy: Support and representation in court and with the police.
The LGBTQ Center Long Beach also provides comprehensive legal services, including volunteer legal clinics, assistance with name and gender-marker change, and training of service providers, all provided by staff trained in accessibility and cultural competency.
Support and Confidentiality Resources
Survivors must develop a personal safety plan, including home, work, school, and online environments. The Confidential CLETS Information form (CLETS-001) provides law enforcement with protected information to enforce the DVRO, but it is not confidential from the respondent.
Survivors seeking privacy must request separate protective measures from the court. State and constitutional privacy rights ensure that a person has the freedom to decide whether, when, and to whom to reveal their sexual orientation or gender identity and protect them against involuntary outing in the course of legal proceedings.
Find a Reliable Restraining Order Attorney Near Me
In California, Domestic Violence Restraining Orders (DVROs) offer legal protection to LGBTQ individuals against physical, emotional, and digital abuse. Help is available even in the face of challenges such as fear of discrimination or outing, as provided by California’s broad definitions of abuse and its network of support services. Understanding the DVRO system, from eligibility and evidence gathering to hearings and enforcement, empowers survivors to seek protection.
Respondents must comply fully with the terms of a DVRO or risk facing criminal charges. You want to consult an experienced attorney who can assist you in seeking to modify or challenge a restraining order. Contact Goldman Flores Restraining Order Law Firm at 213-341-4087 to consult with our restraining order attorneys so we can start working on your case.
