Domestic Violence and DVRO
Obtaining a Domestic Violence Restraining Order
If you are being abused, threatened, stalked, harassed, or controlled by a partner, a former partner, a co-parent, or a family member, you can ask a California court for protection — and you can ask for it immediately.
What we do
We prepare and file the request for orders (Judicial Council Form DV-100 and the supporting declarations), seek a temporary restraining order on an emergency basis, and then try the case at the hearing that follows. We gather and preserve the evidence that decides these cases: messages, call logs, photographs, medical records, police reports, and witness declarations. We prepare you for your testimony, and we cross-examine the other side.
What the court can order
- Personal conduct orders — no contact, no harassment, no threats, directly or through anyone else
- Stay-away orders covering your home, your work, your school, and your children’s school
- A move-out order requiring the other person to leave a shared residence
- Temporary custody and a visitation schedule, including supervised visitation
- Child support and spousal support
- Surrender of firearms and ammunition
- Payment of your attorney’s fees and costs
- Protection for your children, other family members, and household pets
How the process moves
A judge can issue a temporary order the same or next court day, without notice to the other side, and that order takes effect as soon as the other person is served. The court then sets a hearing, ordinarily within 21 days, where both sides present evidence. After that hearing an order can last up to five years, and can later be renewed for another five years or permanently.
Between the temporary order and the hearing is where these cases are won or lost. That short window is when evidence has to be collected, witnesses located, and a response to the other side’s account prepared. We use it.
If you are not a U.S. citizen
Being the victim of a crime does not make it unsafe to come forward. Survivors may qualify for a U visa, or for a VAWA self-petition, which allows an abused spouse, child, or parent of a U.S. citizen or lawful permanent resident to apply for status without the abuser’s involvement, cooperation, or knowledge. Because we practice immigration law in the same office, we can advise you on both at the same time and make sure the family law filing does not undercut the immigration case.
Timing matters
A temporary order can issue the same day. Evidence disappears quickly — messages get deleted, video gets overwritten, witnesses move. If you are in immediate danger, call 911 first, then call us.
Common questions
What do I need to prove to get a restraining order?
That abuse occurred as the Domestic Violence Prevention Act defines it, more likely than not, and that you have a qualifying relationship with the other person: a spouse or former spouse, a dating or former dating partner, a co-parent, or a close relative.
What evidence should I bring?
Full message threads rather than screenshots, photographs, medical records, police reports, and the names of anyone who saw or heard what happened. Dates matter, because the request asks for specific incidents rather than a general description.
Can I ask for custody and support at the same time?
Yes. A domestic violence restraining order can set temporary custody and a visitation schedule, order child or spousal support, and order the other side to pay your attorney fees.
What if I do not know where the other person lives?
The order still has to be personally served before it binds them. There are lawful ways to accomplish service when someone is avoiding it, and the court can continue the hearing to allow it.
Is there a filing fee?
No. There is no filing fee for a domestic violence restraining order request in California, and no fee for the sheriff to serve it.
A note on safety. If you are in immediate danger, call 911. If you are reading this on a device someone else can see, consider using a private browsing window or a device they do not have access to, and clearing your history when you finish. The National Domestic Violence Hotline is 1-800-799-7233, 24 hours a day.
Request a confidential consultation
We represent petitioners 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.