Domestic Violence Restraining Orders

In a family law case in California, a domestic violence restraining order (“DVRO”) is a legal order issued by a court that prohibits a person from engaging in abusive behavior towards another person who is their spouse, former spouse, cohabitant, dating partner or, in some cases, child.

A DVRO can be issued against a person if that person engages in behavior that includes, but is not necessarily limited to, the following: physical violence, sexual abuse, emotional abuse, economic abuse and/or any behavior that is used to control or intimidate the victim.

To obtain a DVRO, the victim must file a petition with the court describing the abuse they have experienced and providing evidence of the abuse. If the court determines that the victim has been subjected to domestic violence and is in immediate danger of further abuse, it may issue a temporary restraining order that lasts for up to 21 days. A hearing will be scheduled within 21 days to determine whether a permanent DVRO should be issued.

If the court issues a permanent DVRO, the abuser will be prohibited from contacting or coming within a certain distance of the victim and may be ordered to move out of any shared residence. The order may also include other provisions, such as prohibiting the abuser from owning firearms or requiring the abuser to attend counseling.  Further, there are some severe ramifications in child custody and visitation proceedings when a parent has been found to have perpetrated domestic violence.  The issue also has a bearing on spousal support.

Violating a DVRO can result in serious consequences, including criminal charges and possible incarceration.

A DVRO is a civil order, which means that the victim does not need to press criminal charges or file a criminal complaint in order to obtain a restraining order. A DVRO can be obtained even if the abuser has not been arrested or charged with a crime.

DVROs are often used as a sword and a shield in California.  In my opinion, they are too frequently used by attorneys to gain unfair leverage in a case.  That said, they are very necessary in cases where you and your children are in danger.  The impact of a DVRO cannot be understated and must be taken very seriously whether you are considering applying for one against your significant other or you are on the receiving end of an application for a DVRO against you.