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Domestic Violence

Restraining Orders

Perkins Family Law - Domestic Violence Restraining Orders (DVROs) in Mendocino County

Domestic Violence

Restraining Orders (DVROs)

Protecting Your Safety, Defending Your Rights

A Domestic Violence Restraining Order (DVRO) is a court order designed to protect a person from abuse or threats of abuse by someone with whom they have a close personal relationship—such as a spouse, former partner, co-parent, family member, or someone they are dating or have dated.

Domestic violence in California isn’t limited to physical harm. It can include:

  • Physical assault or threats of violence
  • Sexual abuse or coercion
  • Harassment, stalking, or intimidation
  • Destruction of property
  • Verbal, emotional, or psychological abuse
  • Coercive control, isolation, or economic abuse

The goal of a DVRO is to ensure safety, stability, and peace, while also preserving due process and fairness for both sides.

When a DVRO May Be Needed

A restraining order may be necessary if:

  • You fear for your safety or your children’s safety;
  • You need court orders for custody, visitation, or temporary support while staying safe; or
  • You are being harassed, stalked, or threatened by a current or former partner;
  • You’ve been served with a restraining order and need to respond and protect your rights.

Perkins Family Law, PC represents both protected persons (petitioners) and restrained persons (respondents). We approach each case with discretion, compassion, and strategic legal care.

Perkins Family Law Services in Ukiah, Ca - Domestic Violence Restraining Orders (DVROs)

Types of Domestic Violence Restraining Orders

Emergency Protective Order (EPO)

Criminal Protective Order (CPO)

Temporary Restraining Order (TRO)

Domestic Violence Restraining Order (DVRO)

Emergency Protective Order (EPO):

  • Issued by law enforcement, typically at the scene of a domestic incident if 911 is called and the perpetrator will be charged with a crime.
  • Valid for 5–7 days only.
  • Intended to provide immediate, short-term protection until the courts are open.

Criminal Protective Order (CPO):

  • Issued by a Judge, in a criminal case, typically at the time the defendant is arraigned on the charge of domestic violence.
  • This lasts through the pendency of the criminal case.
  • Intended to ensure no further crime of violence is committed if the defendant is out on bail while the criminal domestic violence case is ongoing.

Temporary Restraining Order (TRO):

  • A short-term court order that can be granted the same day you file your request, often without the other party present (ex parte).
  • The TRO usually lasts until the DVRO hearing, generally within 21–25 days.
  • It can include, among other things:
    • No contact or stay-away orders;
    • Exclusive use of the family home;
    • Temporary custody of children; and
    • Firearm surrender requirements.
    • Requirements for the other party to pay bills or turn over a cell phone number.
    • No visitation with children, or an allowance for supervised or unsupervised visitation.

Domestic Violence Restraining Order (DVRO):

  • After a court hearing, the judge may issue a long-term DVRO if they find abuse occurred under Family Code §6200 et seq.
  • A DVRO can last up to 5 years and be renewed or made permanent thereafter.
  • It can include orders regarding:
    • Personal conduct (no contact, no harassment);
    • Preclusions from access to information;
    • Stay-away and residence exclusion;
    • Custody and visitation;
    • Support and property control;
    • Counseling or batterer’s intervention programs;
    • Payment of expenses.

What Is Required to Obtain a DVRO

To win at a DVRO hearing, the petitioner must show:

  1. A qualifying relationship (spouse, co-parent, dating partner, family member, etc.); and
  2. Abuse or threats of abuse occurred — which can include emotional, verbal, physical, or psychological harm.

The process is much quicker than other family law litigation. It generally includes:

  • 1. Filing forms (DV-100, DV-110, DV-120, DV-130, DV-140, etc.);
  • 3. Service of process personally on the other party (this can be requested from the Sheriff);
  • 5. Evidentiary hearing where both parties may testify and present witnesses and evidence;
  • 2. Judicial, ex parte, review for a Temporary Restraining Order;
  • 4. Gathering of information and evidence, and issuing subpoenas when necessary;
  • 6. Final judgment granting, denying, or modifying the order.

How Perkins Family Law, PC Can Help

Whether you are seeking protection or defending against a restraining order, our firm provides focused, compassionate, and strategic advocacy throughout the process. We have a great deal of experience both obtaining DVROs and defending against DVROs so no matter where you’re at, we can help.

If you are seeking protection:
  • We prepare and file all required forms promptly.
  • We present your evidence clearly and effectively to the court.
  • We request custody, visitation, and support orders as needed.
  • We ensure your Temporary Restraining Order (TRO) is served and enforceable.
  • We represent you at the hearing to ensure your voice is heard and your evidence presented in an effective manner.
If you have been served with a TRO or DVRO:
  • We review the allegations and evidence thoroughly.
  • We protect your due process rights and prepare your response (DV-120).
  • We help you comply with TRO terms and prepare for the hearing.
  • We assist with the necessary information and evidence gathering.
  • We negotiate possible resolutions (peaceful contact orders, mutual stay-away orders, dismissal agreements, or stipulated orders).
  • We defend you vigorously if the allegations are unfounded or exaggerated.
  • We represent you at the DVRO hearing with skilled advocacy while presenting the strongest defenses possible.

Domestic Violence Restraining Orders Q&A

Frequently Asked Questions

Here are some Frequently Asked Questions regarding Protective & Restraining Orders, to better help guide you through the process.

How long does a DVRO last?

A DVRO can last up to five years, and the protected party can request a renewal before it expires. If no expiration date is listed, it remains in effect permanently, until modified or terminated by the court.

What is the difference between a TRO and a DVRO?

A Temporary Restraining Order (TRO) is a short-term order (typically lasting 21–25 days) issued before the hearing; however, these can be extended if a continuance is necessary, in which case the TRO will last up until the date set for a full evidentiary hearing on the DVRO request.

A DVRO is the long-term order issued after the court hearing and can last for years.

What happens if the restrained person violates the order?

Violating a restraining order is a criminal offense under Penal Code §273.6. Law enforcement can make an immediate arrest, and the violation may also affect custody or visitation rights. Always report violations to police and obtain a copy of the report.

Will a DVRO appear on someone’s record?

If a DVRO is granted, it is entered into the CLETS database (California Law Enforcement Telecommunications System).

  • Law enforcement can see it immediately.
  • It will not appear on a criminal record unless criminal charges are also filed.
    If the request is denied or dismissed, the record remains in the court docket, but it is not a criminal matter.
  • The person will not be allowed to own or possess a weapon during the term of the TRO/DVRO.
  • It can affect people in employment situations, particularly if their job requires them to possess a weapon.

Can a DVRO include custody and support orders?

Yes. The court can issue temporary custody, visitation, child support, and spousal support orders as part of the DVRO. These can later be modified in family court. Generally, while a TRO is in place, no visitation is allowed. In some cases, a judge may allow supervised visitation, or in certain circumstances, where the parties agree, there can be unsupervised visitation while the TRO is in place.

Can we settle without a hearing?

Yes. In many cases, parties can enter into a stipulated agreement for no contact or limited, peaceful contact without the need for a contested hearing. This can preserve safety while avoiding unnecessary conflict and cost.

What if both parties allege abuse?

The court can issue mutual restraining orders only if each party files a request and the judge makes specific findings under Family Code §6305. These cases are complex and require skilled advocacy.

How much does representation cost?

Costs vary depending on the complexity of the case and the necessity of an evidentiary hearing. We offer flat-fee consultations and hourly representation. In some cases, we can request the court to order the other party to pay your attorney’s fees and costs under Family Code §6344.

Why Choose Perkins Family Law, PC

Whether you are seeking protection or defending against a Domestic Violence Restraining Orders, our firm provides focused, compassionate, and strategic advocacy throughout the process. We have a great deal of experience both obtaining DVROs and defending against DVROs so no matter where you’re at, we can help.

  • Experienced in both prosecution and defense of DVRO cases
  • Thorough knowledge of Mendocino County court procedures
  • Commitment to safety, fairness, and dignity for every client
  • Trauma-informed, compassionate approach
  • Integrated understanding of family law, custody, and support issues

For legal representation or advice about filing or responding to a restraining order, contact: (707) 461-0061