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 investigate immediately, and we work out with you whether answering on the record helps or hurts before anything is filed. 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.
Common questions
I was just served with a restraining order. What is the first thing I should do?
Follow the order exactly, even if you believe the petition is false. Violating it is a separate crime under Penal Code section 273.6 and will hurt you far more than the petition itself. Relinquish any firearm within 24 hours of being served and file the receipt with the court within 48 hours. Then call a lawyer, before you write anything to anyone.
Should I answer the petition in writing?
Sometimes, and sometimes not. Whether a written answer helps you, what it should take on and what is better saved for live testimony, depend on the allegations, the evidence, and whatever else is running alongside — a custody case, a criminal case, an immigration matter. Something written quickly, without that analysis, can narrow your options later. It is a decision to make with counsel rather than from a form.
What happens if I do not go to the hearing?
The court can issue an order against you for up to five years based on the petition alone, with everything that follows from it: firearms, custody, and an entry in the statewide CLETS database.
Can a restraining order request be denied?
Yes. Requests are denied when the evidence does not establish abuse as the statute defines it, when the account does not hold up against the messages and records, or when the petition is being used for advantage in a custody or divorce case.
Should I agree to a mutual restraining order?
Rarely, and not without advice. Family Code section 6305 sets real requirements before a court can issue mutual orders, and agreeing to one can carry the same custody, firearm and immigration consequences as losing the hearing.
Speak with a defense attorney
We represent respondents in domestic violence matters in superior courts throughout California.
Call (415) 776-1633Contact UsThis page describes how California law generally works. It is not advice about your situation — we would need the facts for that, and the facts are what decide these cases. Reading this page does not make us your lawyers, so please hold back the confidential details until we have agreed to represent you. Once we have, tell us everything. Full Legal Notice.