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DOMESTIC
VIOLENCE

Temecula, CA Domestic Violence Protection Order Attorney

Representing Clients Throughout California’s Inland Valley

No one should have to live in fear of physical or sexual assault or emotional abuse. No one should have to worry about their children witnessing these things, or experiencing them. Domestic violence is a serious issue in California, and victims deserve help and protection.

As serious a problem as domestic abuse is, no one should have to live with the stigma of being falsely accused. Victims deserve to be believed, and false reports of domestic violence damage true victims as well as the people who are falsely accused.

Whether you have been a victim of domestic assault in California, or need to defend yourself against claims of abuse, Roberts & Zatlin will listen to you, advocate for you, and fight for a just outcome in your domestic violence matter.

  • Kim Roberts is great! She was determined and presented my case well. She didn’t let herself be sidetracked or flustered by the other side. I have recommended her several times and everyone has been happy.
    Debi


Read More Testimonials from our Clients!

Recognizing the Full Spectrum of Domestic Abuse Under California Law

Domestic violence is not just about visible physical injuries. The California Domestic Violence Prevention Act recognizes that abuse can take many forms, all of which can cause serious and long-lasting harm. Physical violence includes hitting, kicking, choking, and any other act that causes physical injury. Sexual violence includes any non-consensual contact or coercive behavior. Emotional and psychological violence, such as intimidation, isolation, criticism, threats, or control, can also be just as damaging, eroding a person’s self-esteem and independence.

Economic abuse, where one partner controls finances or prevents the other from working, is recognized as a form of domestic violence. The law also protects individuals who experience coercive control in relationships, even if there has not been a single incident of physical violence. It is important for victims to understand this broad definition in order to seek protection and for those defending against allegations to avoid mischaracterizing complex relationship dynamics. Our attorneys help clients document and explain the full extent of abusive behavior in order to provide a complete picture for the court when considering requests for restraining orders.

California’s Domestic Violence Prevention Act (DVPA)

California’s Domestic Violence Prevention Act (DVPA) offers victims of domestic abuse restraining orders to prevent further abuse. A restraining order may be based on past violence or threatened acts of abuse. “Abuse,” as defined by the law, includes intentionally or recklessly causing or trying to cause physical harm, sexual assault, or placing someone in reasonable fear of imminent bodily harm to themselves or someone else.

Domestic violence restraining orders are available to the spouse of an abuser, a member of the accused abuser’s household, a romantic partner or ex-partner whether or not they live in the household, or a co-parent. A child or blood relative of the accused may also be protected.

Obviously, if you are in danger, you do not have the luxury of waiting days or weeks for a hearing on an order to protect you from an abuser. California courts allow for “ex parte” temporary restraining orders, which do not require formal notice to the other party. However, because domestic violence restraining orders may limit the rights of an accused abuser, these orders are valid for a short time, no more than 21 days, until a hearing can be scheduled with proper notice to the other party. If a judge sees fit to issue an ex parte temporary restraining order, it takes effect when it is served on the accused abuser.

  • I was a client of Kim Roberts and she did an excellent job and handled everything very professionally. She was very reasonable and l am satisfied with her level of service. Highly recommended.
    Alan

In order to make a determination about issuing a domestic violence protection order for a longer period of time, the court will conduct a hearing in which all parties will have notice and an opportunity to appear. The court might make its decision based on papers the parties have filed with the court or may take testimony in addition to reviewing filings. If the court finds that there are reasonable grounds to believe that there is an immediate danger of domestic violence, stalking, child abduction, child abuse, or elder/adult abuse, and an order of protection is necessary to prevent it, the court will issue a permanent restraining order. Unless the order states otherwise, in California a domestic violence protection order is effective for three years.

An order may require an abuser to stay away from certain places, to give up firearms, to pay restitution to a victim, or to do or not do certain other things. In order to make sure that a domestic violence protection order is fair, thorough, and protects your rights and safety, it is important to have an experienced attorney on your side.

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Powerful Advocacy for Your California Domestic Violence Matter

Attorney Kim Roberts and Attorney Michael Zatlin concentrate their legal practice on California family law, including domestic violence matters. With over 30 years of legal experience combined they have protected the rights and safety of numerous clients involved in domestic abuse cases. Kim and Michael stand up for clients when they are in jeopardy and is a powerful advocate at every stage of the legal process.

The Roberts & Zatlin Law Office, located in Temecula, serves clients in Temecula, Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, and throughout the Inland Valley. We invite you to contact us to schedule a consultation to discuss your concerns. We look forward to working with you.

Common Domestic Violence FAQs

What types of protection orders are available under California’s Domestic Violence Prevention Act (DVPA)?

California law provides several types of restraining orders. A temporary restraining order (TRO) is issued on an emergency, ex parte basis—meaning without the other party present—and typically lasts up to 21 days. After a full hearing where both parties have notice and an opportunity to appear, a judge may issue a longer-term order, often called a permanent restraining order, which can last up to three years or more. There are also emergency protective orders (EPOs) issued by law enforcement officers at the scene of an incident, typically lasting just five to seven days. Each type serves a different purpose, and an experienced attorney can help you seek the appropriate level of protection for your situation.

Who can request a domestic violence restraining order in Temecula and throughout California?

The DVPA protects a specific set of relationships. You may seek a restraining order against: a current or former spouse, a domestic partner or former domestic partner, a person you are dating or have dated, a co-parent of your child, a person who lives or has lived in your household, or a close blood relative (parent, child, sibling, grandparent). Importantly, you do not need to have lived with the abuser to qualify. If you are unsure whether your relationship meets the legal standard, an attorney can review your situation and advise you on your options.

What qualifies as “abuse” under California law for a restraining order?

California law defines abuse broadly. It includes intentionally or recklessly causing or attempting to cause physical injury, sexual assault, and placing someone in reasonable fear of imminent serious bodily injury to themselves or their child. Abuse also includes threatening, harassing, stalking, destroying personal property, or disturbing someone’s peace. Emotional abuse alone, without threats or physical conduct, is generally not sufficient, but any pattern of behavior that causes fear or intimidation may support a request. An attorney can help you document the specific acts that qualify under the statute.

How do I respond if someone has filed a false domestic violence restraining order against me?

Being falsely accused of domestic abuse is a serious matter that can affect your custody rights, employment, housing, and reputation. Do not ignore the petition. You have the right to appear at the hearing and present evidence challenging the allegations. This may include text messages, emails, witness testimony, or other documentation showing the claims are fabricated or exaggerated. The court must find reasonable grounds to believe abuse occurred before issuing a long-term order. An experienced defense attorney can help you gather evidence, cross-examine the accuser, and protect your rights. Remember, restraining orders also limit the accused’s ability to possess firearms and can appear on background checks.

What happens at a domestic violence restraining order hearing?

The hearing typically takes place within 21 days of a temporary order being issued. Both parties will have notice and an opportunity to appear, either in person or sometimes remotely. The judge may decide based solely on sworn declarations (written statements) filed with the court, or may take live testimony from both parties and any witnesses. The burden of proof is on the person seeking the order, who must show by a preponderance of the evidence (more likely than not) that abuse occurred or is reasonably likely to occur in the future. If the judge grants a permanent order, it typically lasts three years but can be renewed. Having an attorney present to present evidence and cross-examine witnesses is critical.

What restrictions can a domestic violence restraining order impose on the accused?

A restraining order can include multiple provisions. The most common is a stay-away order, requiring the restrained person to maintain a certain distance (often 100 yards) from the protected person, their home, workplace, vehicle, and children’s school. The order may also prohibit the accused from possessing firearms or ammunition, require payment of restitution for medical bills or property damage, order the accused to complete a batterer’s intervention program, or award temporary child custody and support. Violating a restraining order is a criminal offense that can result in arrest and jail time. Understanding every term of the order is essential.

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