DV Restraining Order: A Complete Guide to California Domestic Violence Restraining Orders
Authored by Izzat H. Riaz – Californian Paralegal, U.K. Certified Lawyer (LL.M.)
Introduction to Domestic Violence
Domestic violence affects individuals and families across California every day. It can take many forms, physical abuse, emotional manipulation, intimidation, stalking, or financial control, and it often leaves lasting emotional and psychological effects.
If you or someone you know is in danger, know that help is available. You can contact the National Domestic Violence Hotline at 1-800-799-7233, or reach out to local law enforcement for immediate assistance.
In California, the court system provides powerful legal protections through Domestic Violence Restraining Orders (DVROs). These orders are designed to create a legal boundary between you and your abuser and to safeguard you from further harm.
As a California paralegal and LL.M., I’ve seen how intimidating the legal process can seem, especially when you’re in crisis. This guide explains what restraining orders are, how to file for one, and what to expect, so you can make informed, confident decisions about your safety.
Understanding Domestic Violence Restraining Orders
A Domestic Violence Restraining Order (DVRO) is a court order that helps protect individuals from abuse or threats by someone they share a close personal relationship with such as a spouse, partner, ex, or family member.
Domestic violence includes physical harm, harassment, stalking, and emotional or psychological abuse. If you’re in immediate danger, call 911.
Types of Restraining Orders in California
1. Domestic Violence Restraining Order (DVRO)
This type of restraining order protects individuals from abuse by a current or former partner, spouse, or family member. DVROs can also address child custody, visitation, and support orders as part of the protection.
2. Temporary Restraining Order (TRO) vs. Long-Term Restraining Order
When you file for a restraining order, the judge can issue a Temporary Restraining Order (TRO) that provides immediate protection, usually lasting about 20–25 days until your court hearing.
If the judge determines ongoing protection is necessary after the hearing, they can issue a Long-Term Restraining Order, which can last up to five years.
3. Other Protective Orders
California also recognizes:
- Civil Harassment Restraining Orders (for neighbors, roommates, or acquaintances)
- Workplace Violence Restraining Orders
- Criminal Protective Orders (issued in criminal cases)
If you’re unsure which order applies to your situation, speak with an attorney or contact the courthouse for guidance.
Who Can Request a DVRO
You can request protection if you have experienced abuse from:
- A spouse or ex-spouse
- A current or former dating partner
- A cohabitant or domestic partner
- The parent of your child
- A close family member (parent, child, sibling, grandparent, or in-law)
The protected person is the survivor seeking safety. The restrained person is the individual accused of abuse who must follow all court orders once the DVRO is granted.
How to File for a Domestic Violence Restraining Order
Step 1: Complete the Required Forms
The main forms include:
- Request for Domestic Violence Restraining Order (Form DV-100)
- Temporary Restraining Order (Form DV-110)
- Confidential CLETS Information Form (CLETS-001)
Be specific when describing the abuse, include dates, details, and any evidence (texts, photos, police reports).
Step 2: File with the Court
File your completed forms at the court clerk’s office in your county (where you live, where the abuse occurred, or where the restrained person lives). There is no filing fee for DVRO requests. The court will schedule a hearing and provide copies for service.
Step 3: Serve the Other Party
Someone over 18 who is not involved in the case must serve the papers. This can be a law enforcement officer, a friend, or a professional process server. They’ll complete a Proof of Service, which must be filed with the court.
Step 4: Attend the Court Hearing
You must attend your hearing. Bring evidence such as photos, messages, medical records, and witness statements. The judge will decide whether to extend protection for up to five years.
How the Other Side Can Respond
If someone files a restraining order against you, you can respond using Form DV-120. Even if you don’t file a written response, you should attend the hearing and share your side. Having legal representation at this stage is highly recommended.
What Happens at the Hearing
The hearing is your opportunity to tell your story. Both sides present evidence and witnesses. The judge listens to testimony, reviews evidence, and determines whether abuse occurred.
If the judge grants the DVRO, the order will include:
- No contact or stay-away provisions (often 100 yards or more)
- Move-out orders
- Child custody and visitation terms
- Financial support orders (if applicable)
- Firearm restrictions
Firearm Restrictions
California law strictly prohibits anyone subject to a DVRO from owning or possessing firearms or ammunition. The restrained person must turn in or sell their firearms within 24 hours and file proof with the court. Violating this order is a criminal offense.
Child Custody and Visitation
When children are involved, the court prioritizes their safety. The judge may order:
- Supervised visitation, where another adult is present during visits
- No visitation, if the abuser poses a risk to the child
These orders are temporary and last as long as the restraining order remains in effect. For permanent custody, you’ll need a separate family law case.
After the Restraining Order is Granted
Keep Records
Always carry a copy of your restraining order. Give copies to trusted individuals like your employer, school staff, or neighbors.
Report Violations
If the restrained person violates any part of the order, call 911 immediately. Keep notes, screenshots, and messages that show the violation. Consistent documentation can help extend or modify your order later.
Extending or Modifying the Order
You can request an extension before your order expires, preferably three months before. The court will consider whether continued protection is needed based on evidence of ongoing threats or harassment.
Safety and Technology
Protect your digital privacy. If you believe your abuser monitors your phone or computer, use a friend’s device or a public computer when seeking information. Change your passwords and review privacy settings on social media.
Building a Safety Plan
Beyond legal action, develop a personal safety plan:
- Identify safe places you can go in an emergency.
- Keep essential items (IDs, documents, cash) in an accessible place.
- Create a code word with trusted contacts.
- Talk to children about what to do in emergencies.
These steps, along with legal protection, strengthen your safety and sense of control.
Getting Legal Help
Navigating a restraining order can be emotionally exhausting. While you can file on your own, an experienced family law attorney can ensure your forms are accurate, your evidence is strong, and your rights are protected.
At JLegal, our attorneys handle domestic violence restraining order cases with compassion and discretion. We guide survivors through every step of the process—from filing to final hearing, to secure lasting safety.
Whether you need to file, respond, or modify an existing restraining order, we’re here to help you navigate the system and protect your future.
Final Thoughts
Domestic violence restraining orders are powerful tools for safety and healing. The process can feel overwhelming, but you do not have to face it alone. Legal help, community resources, and crisis support are available every step of the way.
If you’re in immediate danger, call 911.
For confidential support, contact the National Domestic Violence Hotline (1-800-799-7233).
Your safety matters. Reaching out for help is an act of courage, and it’s the first step toward reclaiming your peace and independence.
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