Filing for a domestic violence restraining order (DVRO) in California costs nothing. Family Code § 6300 waives all filing fees, which is significant because it removes one of the barriers that often keep people in dangerous situations for longer than necessary.
If you are in an abusive relationship and are considering a restraining order, here is what the process actually looks like and what legal protections a DVRO provides once it has been issued.
Who Can Get a DVRO
The California Domestic Violence Prevention Act, as codified in Family Code §§ 6200–6409, applies to individuals in certain types of close relationships. You may seek a domestic violence restraining order (DVRO) against:
- A current or former spouse
- A registered domestic partner
- Someone you are dating or have previously dated
- A person you live with or have previously lived with
- A co-parent – someone you have a child with
- Certain close family members, including in-laws
If you do not have a relationship with the person who has harmed you, a civil harassment restraining order may apply under Code of Civil Procedure §527.6.
What Counts as Abuse
Abuse under Family Code § 6203 is broadly defined. You do not need to have been physically hit to qualify. The law covers:
- Physical harm or the threat of physical harm
- Sexual assault
- Stalking
- Harassment and repeated unwanted contact
- Destruction of personal property
- Disturbing the peace – conduct that destroys another person’s mental or emotional calm
- Coercive control, including isolating someone from family and friends, controlling finances, or monitoring movements
Courts regularly issue DVROs based on emotional abuse and threats alone. The absence of visible physical injury does not mean that you cannot obtain protection.
The Three Types of Orders
California law creates three stages of protection:
Emergency Protective Order (EPO)
Law enforcement can request this order by phone, day or night, from a judicial officer. It takes effect immediately. EPOs last only five to seven days – they bridge the gap between a police response and a court hearing.
Temporary Restraining Order (TRO)
This is the order you request when you file your DVRO paperwork. A judge can grant it on the same day without the other party being present if there is sufficient evidence of abuse. The TRO will remain in effect until a full hearing is held by the court, typically within 20-25 days.
Permanent DVRO
Despite the name, these orders have a duration set by the judge – typically three to five years, though AB 2308 (2024) now allows courts to issue or renew DVROs for up to 15 years. The order can be renewed before it expires.
What a DVRO Can Order
A restraining order is more than just a piece of paper saying “stay away”. It can include:
- A move-out order, requiring the person under the order to leave a shared home.
- No-contact provisions, covering phone calls, emails, texts, and social media.
- Stay-away distances from the home, workplace, children’s school, and other places.
- Temporary custody of children, with visitation restrictions or supervision requirements.
- Firearm surrender – the person under the order must turn over all firearms and ammunition within 24 hours of receiving the order, under Family Code § 6389. They must also file proof of compliance with the court within 48 hours.
Violating any terms of a DVRO is a criminal offense, even if the other person has given permission for contact. This applies to the person being restrained regardless of what they are told.
Get Legal Help Before Your Hearing
The full DVRO hearing is contested. The other party has the right to appear, present evidence, and challenge your account. Going to that hearing without an attorney is a serious risk. Attorneys at Roberts & Zatlin represent clients in Temecula, Menifee, Riverside, San Bernardino, and throughout California’s Inland Valley on domestic violence and custody issues. Contact us for a free consultation. We will fight for your safety and rights.
