"How do I get a domestic violence restraining order in California? Hi, I'm Ryan Waller, family law attorney and co-author of California Family Law, a comprehensive textbook dealing with all sorts of complex family law issues written for practitioners and law students alike.
Now, in the state of California, to get a domestic violence restraining order or DVRO, you have to file ex parter or as an emergency with the court. Now, in that filing, you're asking for the restraining order, but you're also explaining who needs to be restrained, why they need to be restrained, why you're in fear, and probably most importantly in that moment, what orders you're seeking with the court. Now, this could be things like stay-away orders, no contact orders, move out orders, or depending on the circumstances, temporary custody or support orders.
Now, as a DVRO case unfolds, it generally happens in three stages. That first stage is the filing, what we just talked about. Now, as a note, once you've filed your emergency request, you will have to serve it on the other party. Also, once you've filed, a California judge will review your paperwork. They'll review your declaration and the requested orders, and they're going to determine whether or not they need to issue a temporary restraining order. Now, this usually happens within a day or two because you're filing on an emergency basis.
Now, if granted, the TRO is going to provide immediate but short-term protection. So, the court is going to schedule a hearing date when they grant the temporary restraining order, and the TRO is going to be valid and enforceable up until that date. And at that date, the court is going to determine whether a long-term or permanent restraining order is going to be necessary. As a note, once you get that temporary restraining order from the court, you also have to serve the restrained party with that, not just your request.
Once the court has set this hearing to determine the long-term ramifications of a restraining order, both sides are going to testify, present documents, and any other evidence they can offer to either help prove the need for a restraining order or to defeat the request itself. It's important for both sides to clearly document any incidents or alleged incidents as closely as possible. California courts are looking to and rely on specific credible evidence. Now, this is things like documentation, things that are corroborated by third parties, photos, videos, stuff like that is what the court pays attention to when deciding whether or not they're going to issue a DVRO.
Domestic violence restraining order proceedings are serious and they can significantly affect your personal safety, custody rights, financial issues, and personal liberty. And because these cases involve both immediate emergency protection and long-term legal consequences, it's crucial that you engage in careful preparation and get a clear understanding of California law before proceeding."
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