Domestic Violence

Everything You Need to Know About Domestic Violence Restraining Orders (DVRO)

Domestic violence restraining orders (DVROs) are issued against a person who is reportedly violent and is a family member of the person being assaulted (Victim, Petitioner). Restrictive orders against domestic abuse are intended to stop the claimed abuse and/or violence.

A domestic violence restraining order is a court order that the accused person must not violate in the case of domestic violence. This includes:

Harming,
Threatening, or
Harassing the alleged victim.

Under Penal Code 273.6 PC, a breach of the order may result in criminal prosecution. A misdemeanor charge (as opposed to a felony) and up to a year in county prison are among the punishments.

Our criminal defense attorneys will highlight the following in this article:

What exactly are violence and abuse?
Who can be restrained from domestic violence?
How long do restraining orders last?
What are the terms and conditions of a domestic violence restraining order?
Are judges required to impose it?
Further details about requests in DVRO cases?
What happens if the underlying charge is dismissed?
What is DVRO v. CPO?

1. What exactly are violence and abuse?

In California’s domestic violence laws, violence and/or abuse are defined as annoying, stalking, threatening, intimidating, assaulting, battering, or molesting someone, even if they do not touch them directly. This involves destroying someone else’s property on purpose.

Note: It is not necessary for the violence and/or abuse detailed by the claimed victim (petitioner) in a DVRO petition to constitute criminal activity, as that term is used in California law.

For example, if the respondent (defendant) is accused of threatening her husband with physical harm, the threat of physical harm may be enough to get a domestic violence restraining order (DVRO) against the wife, but it may not be enough to hold her criminally responsible. This is so that the level of evidence needed to prove a defendant’s guilt beyond a reasonable doubt in a criminal court is substantially lower than the level of proof needed to support a petition in a DVRO case.

Additionally, the definitions used to describe some keywords in family law—such as threaten, harass, stalk, irritate, etc.—can vary from those used in criminal court.

2. Who can be restrained from domestic violence?

A California court can only give a domestic violence restraining order to someone related to the person who is accused of violence. Domestically connected means that the victim and the defendant have any of the following ties:

The respondent (defendant) and petitioner (claimed victim) are married. Legal domestic partners and same-sex spouses are considered spouses for DVRO purposes.
The respondent and petitioner were intimately involved. “Dated romantically” means regular, personal relationships with the expectation of love and/or sexual engagement, regardless of finances.
At least one kid is shared by the respondent and petitioner. A “kid in common” is either a biologically related child born of both the defendant (respondent) and alleged victim (petitioner) or a stepchild of either party, regardless of whether the stepparent formally adopts the stepchild.
Respondent and petitioner are related. A close family member indicates the defendant (Respondent) and claimed victim (Petitioner) are spouses, siblings, parents, stepparents, grandparents, aunts, uncles, or first cousins.

3. How long do restraining orders last?

Emergency protection orders: for up to 7 days, the police give these directives in emergencies. If a person is at an urgent risk of domestic violence, a law enforcement officer may issue the order.
Temporary restraining orders (TRO):Judge-imposed for 20–25 days, making them “temporary.” A temporary restraining order is granted before a court date or hearing.
Permanent domestic violence restraining orders: Permanent orders last for five years. After a hearing, a court grants this order if a party needs long-term protection.

4. What are the terms and conditions of a domestic violence restraining order?

The terms and conditions of a restraining order, which is also called a protection order, will tell you everything you need to know about it. From instance to instance, the circumstances will change.

All orders, however, have clauses that forbid one person from getting in touch with another party about an intimate relationship or a specific member of their family.

The “petitioner” is the person who files a restraining order against a person with whom they are intimately connected. Respondents defend against the petitioner’s claims. Even if roles are reversed in the family, the law still matters.

For example, if the wife files for divorce and the husband asks the court to get a DVRO against her for domestic violence, the wife is the petitioner for the divorce and the husband is the petitioner for the DVRO.

Common Orders: Any restraining order against domestic violence that judges deem reasonably required to safeguard the claimed victim. Regular DVRO includes:

Stay Away Order: A stay away order requires the respondent to stay away from the claimed victim. A stay-away order of at least 100 yards is typical.
No-Contact Order: A no-contact order prohibits any contact with the alleged victim. For a domestic violence restraining order, contact and/or communication includes social media (Facebook, Twitter, Instagram, etc.), traditional communication (telephone, email, text, in-person communication, letter, etc.), court-ordered services (talking to parents, mediators, etc.), and any communication through another person by any method (i.e., message delivery through friends or family, etc.).
No-Negative Contact Order: A no-negative contact order allows the respondent to contact the petitioner for a restricted reason as long as the petitioner agrees. Family law court negative contact orders are not DVRO-related. Thus, only a domestic violence restraining order may enforce a no-negative contact order against the respondent.
Relinquish Firearms: DVRO respondents must surrender, sell, or store firearms. The court and Judicial Council of California give weapons relinquishment forms and information.
Phone Number Transfer: A family law court may order a DVRO respondent to provide the petitioner with their phone number. Since most people have phones and phone numbers, this is not an usual court order. In a petition for a domestic violence restraining order, a family law court may issue this order.
Residence Exclusivity Order: If the respondent and petitioner were living together when the petitioner filed for DVRO, the family law court may force the respondent to leave their home. Even though the respondent was ordered to leave their house, the court might require them to keep paying their mortgage or rent. The court probably will not tell the respondent to stay under such strict rules for a long time unless it’s the right thing to do.

Audio Recording: A judge making orders as part of a domestic violence restraining order request may allow the petitioner to record the private communication between the petitioner and respondent.
Order for Restitution: A court that issues a domestic violence restraining order may order the respondent to make up for what the petitioner lost. The petitioner receives restitution to return to their pre-domestic abuse status (i.e., payment for property damage, payment for therapy sessions, payment for necessary residence relocation, etc.).
Spousal Support: Domestic violence restraining orders might include alimony. Even if the petitioner and respondent have not filed for divorce or legal separation.
Child Support, Child Custody, and Child Visitation: A judge hearing a DVRO request may also make orders regarding child support, child custody, and child visitation (parenting time).
Attorney Fees: Domestic violence restraining order petitioners may request legal expenses from respondents. To obtain legal fees, petitioners must follow specific procedures. Like other DVRO petition requests, attorney costs are not guaranteed.
Mandatory Classes: A family law judge may order the respondent to attend domestic violence classes as part of a child custody case related to DVRO.
Supervised Child Visitation: Supervised child visitation is sometimes part of a DVRO case involving child custody or visitation. If circumstances change and warrant unsupervised child custody, monitored child custody agreements may be modified.
Mediation: Child custody and visitation DVRO requests frequently result in family court mediation for both parties. Mediation helps parties settle child custody and visitation issues before the court rules. DVRO mediation is generally distinct (parties attend mediation at different times).
No Travel Order: Domestic violence restraining order petitions for child custody and visitation may result in no-travel restrictions. The respondent’s travel with a protected child is banned. DVRO court orders seldom require childless travel.
Return Property: The DVRO court may order the respondent to return the property to the petitioner or another third party.
Protection of Pets (dogs, cats, etc.): A domestic violence restraining order request may protect a family pet (dog, cat, bird, etc.) if the pet is not the main issue. The DVRO must safeguard people.
Paternity Suit: A domestic violence restraining order may prove paternity. Without parenthood, a DVRO relies on at least one additional circumstance to establish a domestic tie between the petitioner and respondent.
Non-Party Protection: A DVRO court will only issue DRVO orders if the petitioner has a domestic connection with the respondent. After establishing this domestic tie, the petitioner may seek protection for a non-respondent.
Collateral Punishment and Penalties: The respondent may be punished for violating domestic violence restraining orders. These sanctions and penalties include losing a license to practice a profession (i.e., doctor, dentist, lawyer, etc.), reputation, immigration status, civil litigation, employment, adoption rights, weapon rights, and more.
Emergency Protective Orders (EPO): In an emergency, call the police. If the defendant needs immediate protection, the police may serve an EPO.
EPOs are enforced by the court’s contempt power, just like temporary restraining orders, but they only last a few days. EPOs offer victims time to pursue a temporary domestic violence restraining order in court. EPOs must be personally served to the defendant.
Temporary DVROs: A civil or family law judge can issue a temporary domestic violence restraining order. Temporary domestic violence restraining orders are similar to EPOs, but they are given by a judge and last for 21 days or until a hearing where evidence is presented.
Evidentiary Hearings: After formal notice to the respondent, the petitioner and respondent may submit evidence in support of their argument or defense in an evidentiary hearing.
Formal Notice: The defendant was physically served a copy of the domestic violence restraining order request at least five days before the hearing. Non-parties over the age of 18 may serve requests or responses. In emergencies, formal notice requirements may be shortened to one day (ex parte emergency hearings; see “Ex Parte” below) or no prior notice (when the respondent will likely be physically harmed).

5. Are judges required to impose it?

Judges will give restraining orders in criminal cases involving domestic violence if there is a good legal reason for the order. Keep in mind that a person requesting an injunction does not need to provide evidence that they were physically harmed. To get a restraining order, the applicant needs to demonstrate:

Someone has abused him/her or his/her minor child, and
The alleged abuser is an intimate partner or a first or second-degree relative.

Also, take notice that the law in California about breaking these directives is found in Penal Code 273.6 PC. The violation of terms or conditions is prohibited by the code section.

restraining order,
protective order, or
stay-away order.

For someone to be found guilty of breaking a restraining order, the prosecution must prove three things. Which are:

The judge issued a legal protective order,
The defendant knew about the order, and
The defendant intentionally violated that order.

PC 273.6 violations are normally prosecuted as misdemeanors. Punishment for the crime includes:

Imprisonment in the county jail for up to one year, and/or
A maximum fine of $1,000.

A breach of a restraining order may sometimes result in criminal charges. Punishments for a felony conviction include:

Imprisonment in state prison for up to three years, and/or
A maximum fine of $10,000.

6. Further details about requests in DVRO cases

There are a few alternatives available to the petitioner for postponing a DVRO hearing. This is so that the claims against the Respondent may be tried quickly. On the other hand, the Respondent will often succeed in obtaining a stay when the request is made to give the Respondent additional time to prepare a response or hire legal counsel.

Cross-DVRO Requests: Each side often files a DVRO against the other. The Petitioner is generally the first litigant to submit a DVRO. A domestic violence restraining order petitioner or respondent has no legal benefit. One party’s DVRO may be granted or partially granted, while the others is refused. Thus, cross-DVRO submissions may be approved or refused.

Procedure for Filing for DVRO: Each side often files DVRO against the other. The Petitioner is generally the first litigant to submit a DVRO. A domestic violence restraining order petitioner or respondent has no legal benefit. One party’s DVRO may be granted or partially granted, while the other’s is refused. Thus, cross-DVRO submissions may be approved or refused.

Ex Parte Hearing: “Ex Parte” indicates a request for an emergency hearing the following business day with no formal notice to the Respondent (informal notice only) to create urgent orders of restriction against the Respondent to avert imminent and irreparable harm to the victim.

If a victim needs the emergency order and there is no obvious inaccuracy in the claims or evidence, an ex parte hearing may grant a temporary DVRO.

Informal Notice: Informal notice in DVRO proceedings allows orders to be issued against a defendant even if they were not informed of the court hearing until the day before and even if they are there but have not had enough time to prepare. An informal notice is generally a phone call to the Respondent informing them of a DVRO hearing in a few days.

Permanent DVROs: A permanent domestic violence restraining order can be renewed for up to five years. The defendant must get official notice to obtain a permanent domestic violence restraining order.

Children and DVROs: A permanent domestic violence restraining order lasts one to five years, although it may be renewed for longer. The defendant must get official notice to obtain a permanent domestic violence restraining order.

Required DVRO Legal Forms: The legal forms required in domestic violence restraining order cases are provided by the Judicial Council of California.

Caution: The forms for requesting a restraining order for domestic violence do not tell you how to claim abuse or defend yourself. Be as honest and detailed as the claimed victim, but be aware that any statement may be used against either party in a family or criminal court. A respondent will usually just say “no” if they do not talk to family law or criminal defense professional first.

Domestic violence restraining order forms do not include court rules, legal processes, rules for introducing or rejecting evidence (pictures, messages, emails, phone records, medical records, recordings), procedures for questioning and discrediting witnesses, etc. Judges do not bend the law because a non-attorney does not know it.

Preparing for DVRO hearings: Arrive early to court because lengthy lineups at protected doors and a shortage of parking causes delays. Bring three copies of any papers that have been filed and served, as well as any evidence from the courtroom, such as photos, text printouts, emails, phone records, video or audio recordings, etc. If you feel intimidated by the opposing party, tell the court’s deputy and seek an escort.

Defense in DVRO cases: The offender must be given a chance to reply to a victim’s request for a domestic violence restraining order and must be proven guilty by clear and compelling evidence. Temporary domestic violence restraining order ex parte hearings reduce this burden.

Caution: Never fight a DVRO request without a criminal defense or family law attorney. Most DVRO petitions allege criminal facts.

For example, the following are common criminal charges that come up in many requests for DVROs: stalking, battery, assault, domestic battery, inflicting, criminal threats, annoying phone calls, vandalism, false imprisonment, trespass, contempt of court, violating a restraining order, unauthorized audio recording, residential burglary, theft (larceny), elder abuse, etc.

Common defenses in domestic violence restraining order cases include: silence, self-defense, defense of others, an alibi, the absence of evidence, the legal basis for behavior, procedural objections to admitting evidence (hearsay, foundation, unlawful evidence, privilege, etc.), impeaching evidence or witnesses, bias, prejudice, memory issues, criminal history, etc.

Violation of DVROs: Willful domestic violence restraining order violations are crimes. PC 273.6 or PC 166(a)(4) charge restraining order violations. This article does not include domestic violence restraining orders or criminal charges. Our family law and criminal defense attorneys provide free case evaluations.

False Allegations: Fraudulent DVRO petitions, particularly in child custody matters, may provide a temporary legal advantage in family court. Court fraudsters often face criminal accusations (i.e., perjury, filing false reports, etc.). Fraud in family court might also affect spousal support rights.

Immigration and DVROs: Family law judges, deputies, clerks, and employees do not assist ICE in finding non-citizens. Family law forms do not ask about the immigrant status. However, court or legal form statements might be utilized against a person in criminal or immigration court. A family law attorney with immigration and criminal defense expertise should advise non-U.S. citizens seeking a domestic violence restraining order.

7. What happens if the underlying charge is dismissed?

After a person is accused of committing a specific domestic violence violation, such as:

Domestic battery, per Penal Code 243(e)(1), or
Inflicting corporal injury on an intimate partner, per Penal Code 273.5 PC.

Sometimes a restraining order is given, but the charges for the crime that led to it are dropped later. The order may be upheld in certain circumstances or it may be revoked altogether. The nature of the order that was issued has a significant impact on the result.

Note that a person may generally end a restraining order by demonstrating that:

There has been a material change in the facts upon which the order was granted,
The law under which the order was issued has since changed, or
The ends of justice would be served by the termination of the order.

The dismissal also depends on the language outlined in the restraining order.

If dismissal is not automatic, a party must send a separate request to have it thrown out. This request is submitted in writing to the judge overseeing the case. A hearing date may be appointed by the court.

8. What is DVRO v. CPO?

A “criminal protective order” is a CPO. A criminal court may grant certain restraining orders, such as CPOs. In criminal court, if the charges in a DVRO are identical, CPOs are brought against defendants.

For instance, a person might be accused of stalking in both a criminal court and a family law court if they surreptitiously follow their ex-wife without her permission or a valid reason. This is because stalking is both a criminal offense under California Penal Code Section 646.9 [Stalking] and a form of violence or abuse that might result in a domestic violence restraining order.

Grace Legal Group, Inc. assists clients with Los Angeles, California restraining orders.

Our Los Angeles domestic violence restraining order attorneys can assist you in filing for the protection you need so that you may live your life without anxiety. Each client’s case is handled individually by the attorney, who first listens to their side of the story and then represents them in court. Do not go through the difficult and sometimes emotionally draining process of obtaining a restraining order on your own; instead, call our office right now if you are thinking about it.