How to Get (or Oppose) a Domestic Violence Restraining Order in California
In California, domestic violence restraining orders (DVROs) play a critical role in protecting individuals from abuse. These court orders are designed to prevent further harm by legally restricting an abuser from contacting or approaching the victim. If you’re dealing with domestic violence, obtaining a restraining order may be a crucial step toward safety. On the other hand, if you’ve been served with a restraining order and believe it’s unwarranted, you have the right to oppose it. This blog post explores the legal process for both obtaining and opposing a domestic violence restraining order in California. For personalized advice and assistance tailored to your specific situation in Los Angeles or the San Gabriel Valley, contact Blasser Law to speak with a compassionate and dedicated Claremont domestic violence attorney.
What Is a Domestic Violence Restraining Order?
A domestic violence restraining order is a legal order issued by a California court to protect individuals who have been victims of abuse or threats by someone they have a close relationship with. Under California law, “domestic violence” encompasses physical abuse, sexual assault, threats, harassment, or any behavior that puts a person in reasonable fear for their safety.
You can seek a DVRO if the abuser is:
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A spouse or former spouse
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Someone you are dating or have dated
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Someone you share a child with
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A family member (parent, sibling, etc.)
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A cohabitant (roommate or housemate)
Steps to Obtain a Domestic Violence Restraining Order in California
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Filing a Request for a DVRO To start the process, the victim (referred to as the “petitioner”) must file specific court forms, including the “Request for Domestic Violence Restraining Order” (Form DV-100). The petition should detail the incidents of abuse, threats, or harassment and any evidence supporting the claims, such as photos, messages, or witness statements.
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Temporary Restraining Order (TRO) After filing, a judge will review the petition and may issue a Temporary Restraining Order (TRO) if they believe immediate protection is necessary. A TRO is usually granted on the same day and remains in effect until the court hearing, which is typically scheduled within 21 days.
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Serving the Abuser Once a TRO is issued, it must be served on the abuser (the “respondent”). This can be done through a law enforcement officer or a process server. The respondent must be notified of the hearing date and provided with the necessary paperwork, including the TRO and the petitioner’s declarations.
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Court Hearing During the hearing, both the petitioner and the respondent will have the opportunity to present their case. The judge will consider all evidence and arguments before determining whether to grant a Permanent Restraining Order (which can last up to five years). It’s essential for the petitioner to have all documentation, witnesses, and relevant information organized to present a strong case.
How to Oppose a Domestic Violence Restraining Order
If you’ve been served with a restraining order that you believe is unjust or based on false claims, you have the right to oppose it. Here’s what you should do:
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Read the TRO Carefully The first step in opposing a restraining order is understanding the terms of the TRO. Follow the restrictions outlined in the order until your court hearing, as violating a TRO can have serious consequences, including criminal charges.
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Prepare Your Response You must file a written response (Form DV-120) before the court hearing. In your response, provide your side of the story and any evidence that supports your position. For example, if the petitioner’s claims are false or exaggerated, present evidence that refutes their statements, such as witness testimony, text messages, or other documentation.
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Attend the Hearing It is critical to attend the hearing and present your case in person. Failing to show up can result in the court granting a permanent restraining order without hearing your side. Bring all relevant evidence and witnesses to help demonstrate your position. If you believe the petitioner is misusing the DVRO process as leverage in a family law dispute (such as child custody), make that clear to the court.
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Consider Legal Representation Given the high stakes involved in restraining orders, it’s advisable to consult with an experienced family law attorney to ensure your rights are protected. A lawyer can help you navigate the process, build a strong defense, and present your case in the most compelling way possible.
Consequences of a Domestic Violence Restraining Order
If a permanent restraining order is granted, it can have significant legal consequences for the respondent, including restrictions on contacting or approaching the petitioner, loss of child custody or visitation rights, firearm restrictions, and potential impact on employment, particularly for jobs requiring background checks.
For the petitioner, a DVRO can provide a sense of security, but it’s important to remember that violations of the order should be reported to law enforcement immediately.
Contact Blasser Law for Help With Domestic Violence Restraining Orders in Los Angeles and the San Gabriel Valley
Whether you’re seeking protection from domestic violence or contesting an unjust restraining order, navigating California’s domestic violence restraining order process can be complex and emotionally charged. At Blasser Law, we understand the importance of ensuring the safety and legal rights of our clients in these difficult situations. Whether you need assistance filing for a restraining order or defending against one, our experienced family law attorneys can guide you through every step of the process.