Know the Laws: California
UPDATED August 2, 2016
A domestic violence restraining order is a civil order that protects you from abuse from an intimate partner or family member.
A domestic violence restraining order (DVRO) is a civil court order that is signed by a judge and tells the abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both female and male victims.
This section defines domestic violence for the purposes of getting a domestic violence protective order.
Domestic violence is defined as when your current or former spouse, boyfriend / girlfriend, someone you have a child in common with, someone you live(d) with, or someone you are related to through blood or marriage* does one of the following:
Note: If the acts of the abuser do not fit in this definition or if you do not have the specific relationship with the abuser that is mentioned above, you may still be eligible for a Civil Harassment Order. If you are elderly or a dependent adult, you may qualify for a protective order if you are being physically abused, neglected, financially abused by anyone or deprived of needed care by your custodian (caretaker). Although we do not have a section on WomensLaw.org about protective orders for an elder or dependent adult, you can read the relevant laws from the Welfare and Institutions Code here on our CA Statutes page.
* Ann.Cal.Fam.Code § 6211
** Ann.Cal.Fam.Code §§ 6203; 6320(a)
There are three types of domestic violence restraining orders:
Emergency Protective Order
If a police officer responds to a domestic violence call, the police officer can call a judge (anytime, day or night) and ask that an emergency protective order be issued for you, which goes into effect immediately.*
A judge will only issue an emergency protective order if s/he believes that there is an immediate and present danger of domestic violence or that a child is in immediate or present danger of abuse or abduction (kidnapping) by a parent or relative and that the order is necessary to prevent domestic violence, child abuse or child abduction.*1
An emergency protective order can last only five business days or seven calendar days (whichever is shorter).*2 An emergency protective order is supposed to give you time to go to court to ask for a domestic violence restraining order, which lasts longer. In the emergency order, the judge can include most of the protections that you can get in a regular DVRO, such as removing the abuser from the home and ordering him to have no contact with you. It can also give you temporary custody of your children.*3 For other remedies that may be included, see How can a DVRO help me?
Temporary (ex parte) Restraining Order
When you go to court to apply for a restraining order, the clerk will give you a date, usually within three weeks, when you will have to come back to court for a full hearing. If you are in immediate danger and need protection right away, you can ask for a temporary (ex parte) restraining order, which can order the abuser to leave the home, have no contact with you, and offer many other forms of protection that are listed in How can a DVRO help me? *4
Restraining Order After Hearing
Whether or not you get a temporary order, you will be scheduled for a hearing to get a final DVRO. After having a court hearing, a judge can grant you a “restraining order after hearing” that can last up to five years. However, if there is no termination date on the order, the order will last 3 years from the date it was issued.*5 See How can a DVRO help me? to read about all of the protections that you can get in a DVRO issued after a hearing. During the last three months of the order, you can ask the judge to have the order extended for another five years, or permanently. The judge can make this extension without you having to prove any further abuse.*6
* See Ann.Cal.Fam.Code § 6250
*1 Ann.Cal.Fam.Code §§ 6250; 6251
*2 Ann.Cal.Fam.Code § 6256
*3 Ann.Cal.Fam.Code § 6252(a) & (b); see CA Courts website
*4 See Ann.Cal.Fam.Code § 6320; 6321
*5 See Ann.Cal.Fam.Code § 6345(c)
*6 Ann.Cal.Fam.Code § 6345(a)
A domestic violence restraining order may order the abuser to not do the following to you, your children, and/or your family/household members:
The DVRO can also:
If you and the abuser have children together, you may also ask the judge to grant additional things such as:
Whether a judge orders any or all of the above depends on the facts of your case.
Note: As of July 1, 2016, a new law allows a victim of abuse to petition the court to transfer a shared cell phone account into the victim's name alone. The purpose of the law is to ensure that the victim can keep his/her existing wireless telephone number, and the wireless numbers of any minor children in his/her care when the abuser is the account holder.*10
* Ann.Cal.Fam.Code §§ 6320(a); 6340(a)
*1 Ann.Cal.Fam.Code §§ 6321(a); 6340(c)
*2 Ann.Cal.Fam.Code § 6304
*3 Ann.Cal.Fam.Code § 6341
*4 Ann.Cal.Fam.Code § 6324
*5 Ann.Cal.Fam.Code § 6342
*6 Ann.Cal.Fam.Code § 6344
*7 Ann.Cal.Fam.Code § 6343
*8 Ann.Cal. Fam.Code §§ 6323; 6252
*9 Ann.Cal.Fam.Code § 6340(a)
*10 Ann.Cal.Fam.Code § 6347(a)
You don’t have to go to court alone. You can bring a “support person” with you so that you feel safe. A support person can be a friend, neighbor, church official, family member, or anyone else that you would like to have in court with you to help give you moral support. There is no training or certification necessary to become a support person, so whoever you choose does not need to take any sort of class before attending court with you.
Your support person can go with you to court to get a protective order, and if you don’t have a lawyer, s/he can sit beside you at the table where the lawyer would normally sit.*
* Ann.Cal.Fam.Code § 6303