Domestic Violence and DVRO
Defending Against a Domestic Violence Restraining Order
Not every restraining order request is what it appears to be. Some are filed in the middle of a custody fight. Some are filed to get a move-out order. Some are filed by the person who was actually the aggressor. And some describe a real incident in a way that is not accurate.
A restraining order against you is not a minor matter, and it is not something to walk into unrepresented on the theory that the judge will see the truth. The hearing is short, the rules of evidence apply, and the findings last for years.
What is actually at stake
- Removal from your home, regardless of whose name is on the lease or deed
- Surrender of your firearms and a bar on possessing one
- A rebuttable presumption against awarding you custody of your children under Family Code section 3044
- An entry in a statewide law enforcement database that appears on background checks
- Consequences for a professional license, a security clearance, or a job
- Deportability, if you are not a U.S. citizen
- Criminal prosecution under Penal Code section 273.6 for any violation, however small
How we defend these cases
We file a response on the record (Form DV-120) and investigate immediately. That means messages read in full context rather than in selected screenshots, a documented timeline, witnesses identified and subpoenaed, location and phone records where they matter, and a clear-eyed look at the family law case this request is really part of.
Where the allegation arises out of a mutual incident, we develop the evidence that shows it. Where the petition is a litigation tactic, we show the court the tactic. And where a negotiated resolution protects you better than a contested hearing would, we tell you that honestly rather than running up a fight you do not need.
If there is also a criminal case
Domestic violence allegations frequently generate a criminal filing and a criminal protective order alongside the civil one. What you say at the restraining order hearing can be used against you in the criminal case, and a stipulation entered casually in family court can become an admission somewhere else. We handle both matters and coordinate them, so that winning one does not cost you the other.
Before the hearing
Do not contact the protected party, even to explain or apologize, and even if they contact you first. Do not have anyone else contact them for you. Preserve your phone and your messages rather than deleting anything. Then call a lawyer.
Speak with a defense attorney
We represent respondents in domestic violence matters in superior courts throughout California.
Contact UsThis page is general information about California law and is not legal advice. Every case turns on its own facts. Speak with an attorney about your situation.