Domestic Violence and DVRO

Domestic Violence Restraining Orders in California

A domestic violence restraining order is one of the fastest and most consequential orders a California court can issue. It can be granted the same day, before the other side has said a word. It can move someone out of their home, take their firearms, change who the children live with, and follow them on a statewide law enforcement database for years.

Pacifica Law Group APC has a dedicated civil domestic violence team. We represent both people seeking protection and people defending against allegations, in superior courts throughout California. Matthew Hidayat leads this practice, and other firms regularly bring him in as co-counsel to handle the domestic violence portion of a divorce or custody case while they continue with the rest of the matter.

What a restraining order actually does

California’s Domestic Violence Prevention Act (Family Code section 6200 and following) allows a court to order someone to stay away from, and stop contacting, a person they have a close relationship with — a spouse or former spouse, a dating or former dating partner, a co-parent, or a close relative. A judge can issue a temporary restraining order without notice, usually the same or next court day, and then set a full hearing, ordinarily within 21 days. After that hearing an order can last up to five years, and can be renewed for another five years or permanently.

A restraining order is not only a stay-away order. It can also:

Order a person out of a shared home, even if their name is on the lease or the deed
Require firearms to be surrendered within 24 hours (Family Code section 6389)
Set temporary child custody and a visitation schedule
Order child or spousal support and payment of attorney’s fees
Be entered into CLETS, the statewide law enforcement database

Violating a restraining order is a crime under Penal Code section 273.6. For a non-citizen, a judicial finding that the protective portion of such an order was violated is a ground of deportability under federal immigration law.

Where we come in

Obtaining an order

Emergency filings, temporary orders, and a fully prepared case at the hearing that follows.

Defending an allegation

Investigation, context, and a real defense when a petition is inaccurate or tactical.

Custody, criminal, immigration

The three consequences a DVRO finding sets in motion, handled together in one office.

Why these cases need a litigator

DVRO hearings move fast. The evidence is usually text messages, photographs, recordings, and witnesses who have to be found and subpoenaed quickly. And the findings a judge makes at that hearing carry into every other case in the family’s life — the custody case, the criminal case, and for a non-citizen, the immigration case. That is why we treat these as trials, not as paperwork.

Talk to our domestic violence team

Consultations are confidential. If you are in immediate danger, call 911 first.

This 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.