A Domestic Violence Restraining Order (DVRO) refers to a court order granted by a state court in California to protect individuals who are alleged to be victims of abuse under the Family Code. It instantly limits the accused individual's ability to approach, contact, harass, or disturb the protected individual. The court is also able to impose stay-away orders, remove the restrained person from the shared residence, and restrict custody rights, without the necessity of a full criminal trial.
The process of contesting a DVRO requires an understanding of court proceedings, legal provisions, and the standards of evidence applicable in domestic violence cases. You should be prepared with a strong DV-120 response and employ effective legal tactics to counter false or exaggerated statements. This would assist in safeguarding your civil rights, reputation, and parental rights at the evidentiary hearing. This guide will help you understand how to handle the legal process, build a strong defense, and protect your future.
Read the DVRO Carefully and Comply
The moment you receive a Temporary Restraining Order (TRO), you enter a legal paradox: the only way to successfully challenge it later is to comply with its terms now strictly. You should understand that a TRO takes effect as soon as it is served, and its contents are registered in the California Law Enforcement Telecommunications System (CLETS).
This implies that all law enforcers in the state can view the limitations imposed on you. The first and most critical thing that you should do is not to argue but rather to read the order, Form DV-110, with a forensic eye to ensure that you do not unintentionally commit a crime in the process of preparing your defense.
You should also note that violating a restraining order constitutes another criminal offense, as outlined in California Penal Code Section 273.6. Although the claims in the restraining order may be completely false, going against the TRO's conditions before your hearing may result in your arrest, a criminal record, and the near-guaranteed issuance of a permanent order.
You should carefully read the lists of personal conduct orders and stay-away orders in the document. These passages determine the precise distance that you need to maintain between you and the person being guarded, their residence, their place of employment, and their car.
You should ensure that you identify all parties under protection, typically children or other family members, and maintain the prescribed distance at all times, without exception. Moreover, you should understand the absoluteness of the no-contact provision.
Most respondents have the misconception that they can reply to the petitioner if the petitioner makes the first contact or that they can use a common friend to send a message to negotiate logistics. You should know that these are blatant breaches of the order. Contact with third parties is highly restricted and only allowed for legal services or childcare exchange under the strict direction of the court.
You should not respond to the petitioner; whether they text you, call you, or attempt to lure you into a conversation, you should document the effort. Any interaction on your part, however polite or even necessary you may consider it, will be used against you in court to prove a lack of respect for the law and a lack of impulse control.
Notice of Court Hearing
You should also locate the Notice of Court Hearing (Form DV-109) among the papers you have received. The date, time, and place of your hearing are contained in this document. This is the date around which you should structure your entire legal strategy. From that point forward, everything you do, including gathering evidence, preparing witnesses, and submitting your response, should be timed and planned backward from this deadline.
The time you usually have to create a case that disproves allegations, which can take years, is minimal, typically less than three weeks. This timeline should take precedence over all other personal and professional commitments, as failure to prepare adequately in time for this date may result in a permanent order, which can last up to five years.
Write and Submit Your Response (Form DV-120)
To safeguard your rights, it is not enough to just appear in court on the day of the hearing; you have to submit a written response by filling out the Response to Request Domestic Violence Restraining Order (Form DV-120).
This is your defense structure document. The judge will have read this paper before they take the bench; that is, your written story is your first opportunity to make the case work in your favor.
Failing to file a response or filing an incomplete or non-emotional response may put you in a very disadvantageous position because the judge can assume that you have accepted the accusations or that you are lighthearted about the process.
The sections on the DV-120 of personal conduct orders and stay-away orders require a tactical approach on your part. By doing so, you are in effect submitting to the court either in agreement or disagreement with the specific restrictions that the petitioner is requesting. If you disagree with the orders and the factual allegations, you should specifically choose the appropriate boxes to dispute them. In this manner, you formally decline the accusations.
You should not simply give a blanket denial but provide a detailed, factual statement that will cover the particular incidents that were alleged in the petitioner's paperwork. If the space on the form is insufficient, you can add a statement. However, remember to ensure that your account is well-structured and chronological, and concentrates on factual refutation rather than emotional appeals.
The response you provide to your story should be factual and supported by evidence. You should not use any offensive language to describe the petitioner or express anger, which will prove to the petitioner that you are volatile or abusive.
Instead, you ought to methodically disprove the charges by pointing out contradictions, giving context that has been omitted, or giving a contradictory chronology of events. For example, if the petitioner claims that you threatened them on a specific date, you should respond with what you were doing and where you were at the time they stated it.
You are establishing a document that will demonstrate to the court that you are the reasonable and stable party in the dispute and that the issuance of the restraining order is either based on a misconception or that it is being abused.
Complying with the Responding Deadline
Once you have drafted and signed your response, you will be forced to meet strict procedural deadlines in the filing and service areas. You cannot simply give the petitioner the papers yourself. You should have a third party, one who is 18 and over and not involved in the case, to deliver a copy of your response and any evidence you might have to show the petitioner that they are wrong.
This should be completed before the deadline on the paperwork, which is typically five to seven days before the hearing date. The original response and the Proof of Service (Form DV-250) should also be submitted to the court clerk. Failing to serve the petitioner effectively or demonstrating that you have served them can lead to the judge not hearing your written response or delaying the hearing, which would also prolong the temporary order.
Gathering Evidence to Dispel Accusations
To successfully contest a domestic violence restraining order, you ought to go beyond contradictory statements and offer admissible, verifiable, and physical evidence that will disprove the claims of the petitioner.
Evidence creates credibility in the court, and in most cases, it presents physical evidence that counters the petitioner's claims, often determining the outcome of the case.
Search Your Communications with the Petitioner
You will be required to scan your text messages, emails, call history, and social media direct messages to identify any communication that was within the dates of the alleged abuse. You want texts that show that the petitioner had not feared you, was the aggressor, or that the happenings that had taken place were not there.
The contextual evidence is especially compelling in domestic violence hearings. You should gather communications made by the petitioner right after an alleged abuse incident. As an example, if the petitioner claims to have been terrified of you on a Friday night, but you have a text thread with them on Saturday morning where they are talking to you lovingly, making casual plans, or using emojis, this creates a significant credibility gap.
These messages should be saved not only in the form of screenshots, which in some cases may be contested, but also to preserve the metadata or print the whole thread to show how the conversation progressed. This demonstrates to the judge that the petitioner's current allegations of fear do not align with their prior behavior and the present reality.
Gather Alibi Evidence
Another key component of a strong defense is alibi evidence. If the petitioner claims that you have done something violent or harassed them at a particular place and time, you should be able to prove that you were not there.
You should collect GPS records on your phone, credit card receipts with timestamps, work attendance records signed by a supervisor, or toll road records. Such objective data is hard to deny and can quickly expose a fake story. For example, if you are accused of stalking the petitioner at their home at 2:00 PM, but you have a receipt dated at a store thirty miles away at 2:15 PM, you have literally succeeded in proving that the allegation is a physical impossibility.
Testimony from Key Witnesses
Witness testimony can also be used to support your defense, but it should be the correct type of witness. You need to differentiate character references and eyewitnesses. Friends writing letters stating that you are a nice person are usually inadmissible or have minimal weight, as they do not pertain to the facts of the abuse allegations.
However, statements from those who were actually present at the so-called incidents are invaluable. If a neighbor, familiar acquaintance, or relative overheard the quarrel and can bear witness that you never raised your voice or threatened, you ought to obtain a sworn statement from that person.
The Police Statement
Additionally, in cases where police are summoned to the location of an alleged crime but no arrest is made, the police report may be considered neutral evidence that the police did not discover probable cause to believe a crime was being committed at that moment.
Prepare for the Hearing
By the time you arrive at the courtroom, you should possess a logical legal plan that would deal with the particular burden of proof needed in domestic violence cases. You should understand that the standard of proof in such hearings is a preponderance of the evidence; that is, the petitioner should demonstrate that it is more likely than not that abuse did take place.
This is a lesser criterion than beyond a reasonable doubt in a criminal court. Therefore, your defense strategy should focus on challenging the petitioner’s credibility and demonstrating that the restraining order is not legally justified. Generally, your two primary approaches are either to prove that the allegations are false or to show that the order is unnecessary under the law.
Proving the Allegations are False
The first approach reveals false charges or other vested motives. It is a sad reality that restraining orders are often used as a tool in the middle of a contentious divorce or even custody battle to gain an upper hand.
If you can prove that you had filed the request for the restraining order right after you had filed for custody or refused a financial demand, you can claim that the petitioner is taking advantage of the court system instead of seeking protection.
You should be ready to cross-examine the accuser or point out contradictions in their testimony. Should their oral evidence in court conflict with what they have written in their original affidavit or with the physical evidence you have produced, you should firmly and professionally indicate to the judge these inconsistencies to discredit their general credibility.
Proving that the Order is not Necessary
The second plan focuses on demonstrating that the restraining order is not necessary. This strategy acknowledges that a conflict may have occurred, but it is not severe enough to warrant a five-year court order. Your restraining order attorney could argue that the incident was a single, isolated quarrel, which did not entail any physical violence or plausible threat of violence.
You may show the evidence of your past good behavior, your not having a criminal record in the past, and your voluntary withdrawal of association with the petitioner to demonstrate that you are not a future threat.
A restraining order is not intended to punish past behavior but rather to prevent future harm. If you can prove to the judge that there is no continuing danger, the court can refuse to grant the permanent order despite its perception that there was an argument.
You should also be ready to oppose inadmissible evidence. The petitioners typically attempt to present hearsay, which refers to the words of individuals who are not present during the court session, or information that is not directly related to the case of abuse.
Your attorney should be keen on objecting to this testimony so that the record is not tainted. You achieve this by focusing the hearing solely on the statutory definition of abuse and the alleged specific incidents, ensuring that the hearing does not devolve into a general airing of grievances concerning the relationship. Your attorney’s goal should be to focus the hearing strictly on the specific facts the petitioner should prove and then methodically challenge those facts using your evidence and preparation.
Present Your Case in Court
The hearing day is the end of your preparation, and you should work through the courtroom atmosphere in a professional and poised manner. You should arrive at the courthouse early to pass through security and locate your assigned courtroom on time.
As you walk in, you will likely hear other cases being heard. You should sit down and observe the decorum; refrain from using your phone, chewing gum, or displaying impatience. Upon being called to the case, you will go to the counsel table.
You should refer to the judge as "your honor" and should never interrupt the judge or the petitioner. The judge will be evaluating your mannerisms as much as your evidence; if you are angry, aggressive, and unable to control your emotions, you will be unwittingly confirming to the petitioner that you are volatile.
The hearing is typically structured so that the petitioner presents their case first. During this time, they will provide and support their evidence. You should listen attentively and make notes, but you should not respond in any visible manner, shaking your head or making faces, however false you may think the testimony is. You will have the opportunity to defend yourself when your time comes. Here, you will present your personal testimony, call your witnesses, and introduce the evidence you gathered.
You have to display your evidence in a structured manner, generally in three copies: one to the judge, one to the petitioner, and one to yourself. You should request the court to admit your evidence into the record.
You should be straightforward and concise when giving testimony. You are expected to respond to the specific questions posed without going off-topic and resorting to emotional appeals about how the relationship did not work. If the petitioner or their attorney cross-examines you, remain calm and answer honestly.
Do not argue with the one examining you. If you do not know something, it is better to say so instead of guessing. You are aiming to be seen as the sane, level-headed side that is merely attempting to clear its name. You should present your evidence to the judge in a logical manner, linking each exhibit to a specific allegation to demonstrate why the demand to obtain a restraining order is unjustified.
The judge will give a verdict at the end of the testimony. The following are some of the judgments:
- The case is dismissed—The temporary order will expire, and you will not be subject to restrictions.
- The case will be continued—The judge will require more time or evidence, and the temporary order will remain in effect until a new date is set.
- The permanent order is issued—The permanent order may be issued. If the order is granted, the judge will specify the time frame, not exceeding five years, and establish the specific conditions in terms of custody, support, and stay-away distances.
The final orders of the judge should be heard attentively because they become effective instantly, even though you intend to appeal.
What Happens When a Restraining Order Is Granted Against You
When the judge grants the Domestic Violence Restraining Order against you, the effects are devastating and swift, and you need damage control immediately. Within 24 hours, you will be obliged to hand over to law enforcement or a licensed gun dealer any firearms and ammunition that you possess and submit a receipt to the court indicating that you have done so; otherwise, it is a crime.
The restraining order will be permanently recorded in the CLETS system, which will be visible on background checks for employment, housing, and security clearances. This may compromise your existing employment, professional licenses, and even free movement, since the results of domestic violence may bring inadmissibility problems when it comes to immigration or entry into a foreign country.
Nevertheless, there are still legal alternatives that you need to consider in a hurry. The time to appeal is very short, and appeals are complex and strictly procedural in nature. You have a brief period to appeal if you feel that the judge made a legal mistake or abused their discretion.
Alternatively, you can request that the order be changed. If the terms are too restrictive, meaning they do not allow you to perform your job or exchange child custody, you may request to alter specific terms without reversing the entire order.
You could request exceptions for peaceful contact, where you can only discuss the children. Although a loss is a big hit, you can alleviate the effects of the loss on your life in the long run by taking proactive legal moves.
Find an Efficient Restraining Order Attorney Near Me
The process of challenging a Domestic Violence Restraining Order is a serious legal issue that requires careful consideration, planning, and adherence to the established legal procedures. Your freedom, status, and the custody of your children can be jeopardized. The process moves quickly, with a temporary order issued and a potential permanent order determined in a short period. This leaves very little time to gather strong evidence and prepare an effective defense. This process should be taken with urgency because the long-term effects of a permanent order can be life-changing. Fear and uncertainty should not prevent you from complying and gathering evidence. Your duty is to provide compelling arguments and facts that will convince the court to dismiss the temporary order.
If you have received a restraining order and are attending a hearing in California, help is available to guide you through the process. At the Goldeman Flores Restraining Order Law Firm, our restraining order attorneys will help protect your rights and assist you in safeguarding your future. Contact us today at 213-341-4087 to have a confidential case assessment.
