Domestic Violence Restraining Orders in California: What They Mean for Custody and Property

DVRO

If you are facing domestic violence — or if you have been served with a restraining order — the legal consequences extend well beyond a simple “stay away” order. Domestic Violence Restraining Orders in California (DVRO) can reshape your entire family law case, affecting where your children live, how parenting time is structured, and even who gets to stay in the family home. Understanding how these pieces fit together is critical, whether you are seeking protection or responding to a petition.

What Is a Domestic Violence Restraining Order?

A DVRO is a court order that restricts a person’s contact with someone they have abused or threatened. In California, DVROs are governed by the Domestic Violence Prevention Act (DVPA), found at Family Code § 6200 et seq. Courts can issue restraining orders based on a broad range of conduct, including physical abuse, sexual abuse, threats, harassment, stalking, disturbing someone’s peace, and even the destruction of property.

Who Can Seek a DVRO?

Not everyone who has experienced abuse or harassment can seek a DVRO specifically. The DVPA applies to individuals who have a qualifying relationship with the person who abused them. Eligible petitioners include:

• Current or former spouses or domestic partners;
• Current or former dating partners;
• Close relatives (parents, children, siblings, grandparents, in-laws);
• Persons who share a child in common; and
• Persons who currently or previously lived together in the same household.

If the person who harmed you does not fall into one of these categories, you may still have recourse — through a Civil Harassment Restraining Order under Code of Civil Procedure § 527.6 — but the DVPA’s more protective framework would not apply.

What Conduct Qualifies?

California law defines “abuse” broadly. Under Family Code § 6203, abuse includes:

• Physical abuse: Any intentional or reckless act that causes or attempts to cause bodily injury, including hitting, slapping, kicking, choking, or throwing objects;
• Sexual abuse: Any nonconsensual sexual conduct or coercion;
• Threats and harassment: Placing a person in reasonable apprehension of imminent serious bodily injury, or engaging in a pattern of conduct that annoys, harasses, or alarms;
• Stalking: Following, monitoring, or surveilling a person so as to cause them fear;
• Disturbing the peace: Conduct that destroys the mental or emotional calm of the other party — a category courts have interpreted broadly to include coercive control, isolation tactics, and psychological manipulation; and
• Destruction of personal property.

It is important to understand that physical injury is not required. Courts can and do issue DVROs based solely on threats, harassment, or a pattern of controlling behavior.

The Legal Process: Step by Step

Step 1 — Filing the Petition

To begin the process, the petitioner (the person seeking protection) files a Request for Domestic Violence Restraining Order using Judicial Council Form DV-100, along with a supporting declaration describing the abuse. The declaration is the petitioner’s opportunity to tell their story: what happened, when it happened, and why they fear for their safety or the safety of their children.

The petition is filed in the Superior Court of the county where the petitioner lives, where the respondent lives, or where the abuse occurred. In Mendocino County, this is the Mendocino County Superior Court in Ukiah.

There is no filing fee for a DVRO petition in California. The Legislature has intentionally kept the process accessible to survivors regardless of financial means.

At filing, the petitioner may also request:

• A temporary restraining order to go into effect immediately;
• Custody and visitation orders;
• An order for exclusive use and possession of the family home;
• An order for the restrained party to move out and take only personal belongings;
• Child and spousal support orders;
• Property control orders; and
• An order requiring the restrained party to pay attorney’s fees and costs.

Step 2 — The Temporary Restraining Order (Ex Parte Hearing)

When the petition is filed, a judicial officer reviews it the same day — usually without the respondent present. This is called an ex parte proceeding. The standard for granting a TRO is whether the petitioner has shown “reasonable proof” of past abuse or a reasonable apprehension of imminent harm.

This is an intentionally low threshold. The law recognizes that requiring a full evidentiary hearing before granting any protection could leave victims exposed to further harm in the interim. If the court finds reasonable proof, it will issue the TRO and set a date for a full hearing.

The TRO is a real, enforceable court order from the moment it is signed. Violations of the TRO are criminal offenses. At this stage, the court may also issue custody and exclusive-use orders, which take effect immediately and remain in place until the noticed hearing.

If the court does not issue a TRO, the case is still set for a hearing, and the petitioner may present their evidence at that time.

Step 3 — Service of Process

This step is critical: the restrained party must be personally served with the DVRO paperwork before the hearing in order for the order to be enforceable after the hearing date.

What Must Be Served

The respondent must be served with:

• The petition (DV-100) and supporting declaration;
• The TRO, if one was issued (DV-110);
• The notice of hearing (DV-109); and
• Any other orders issued by the court (custody, support, exclusive use, etc.).

Who May Serve

The petitioner cannot serve these documents themselves. Service must be completed by someone who is at least 18 years old and is not a party to the case. Options include:

• A licensed process server;
• A law enforcement officer (MCSO/UPD will serve DVRO paperwork at no charge); or
• A friend, family member, or colleague who is over 18 and not the petitioner.

The person who completes service must sign a Proof of Service (Form DV-200), which is then filed with the court before the hearing.

What Happens If Service Is Not Completed in Time

If the respondent has not been served by the hearing date, the petitioner has a few options:

• Request a continuance of the hearing to allow more time to complete service. Courts routinely grant this, and the TRO remains in effect during the continuance.
• Ask law enforcement for assistance if the respondent is evading service.

If the respondent appears at the hearing despite not being formally served, the court may proceed anyway if the respondent waives the service requirement or if the court finds they had actual notice.

Step 4 — The Noticed Hearing (Evidentiary Hearing)

This is the most consequential stage of the DVRO process. Both parties appear before the judge, and each has the opportunity to present evidence and testimony.

Burden of Proof

The petitioner bears the burden of proving that abuse occurred (or that there is a reasonable apprehension of imminent abuse) by a preponderance of the evidence — meaning it is more likely than not that the alleged conduct occurred. This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases. Courts describe it as the “more probable than not” standard: if the evidence tips even slightly in favor of the petitioner, the burden is met.

This standard reflects the civil nature of the DVRO proceeding. The consequences — while significant — are civil rather than criminal. The petitioner is not seeking to imprison the respondent; they are seeking protection.

What Evidence Matters

Because domestic violence often occurs in private, with no witnesses other than the parties themselves, courts understand that direct corroborating evidence may be limited. Useful evidence includes:

• The petitioner’s own testimony, which is itself evidence and can be sufficient on its own;
• Text messages, voicemails, emails, and social media messages demonstrating threats, harassment, or controlling behavior;
• Photographs of injuries, damaged property, or the petitioner’s condition following an incident;
• Medical records documenting treatment for injuries;
• Police reports and incident numbers, even if no arrest was made;
• Witness testimony from people who observed the abuse or its aftermath, or to whom the petitioner made contemporaneous statements;
• Prior restraining orders or criminal history related to domestic violence; and
• Expert testimony, in complex cases, on issues such as coercive control dynamics or child trauma.

Conversely, the respondent may present evidence challenging the petitioner’s account — testimony from witnesses, documentary evidence, or their own testimony — but simply denying the allegations without more is rarely sufficient to overcome credible evidence of abuse.

What the Court Can Order

If the court grants the restraining order after the hearing, it becomes a “permanent” DVRO — the order lasts for a period specified by the court, typically up to five years. The court will specify the exact terms, which may include:

• Personal conduct orders: Prohibiting the restrained party from contacting, harassing, stalking, threatening, assaulting, or disturbing the peace of the protected parties;
• Stay-away orders: Requiring the restrained party to remain a specified distance — typically 100 yards — from the protected party, their home, workplace, school, and vehicle;
• Residence exclusion: Ordering the restrained party to move out of a shared residence;
• Firearms restrictions: Requiring the restrained party to surrender all firearms and ammunition and prohibiting them from purchasing or possessing firearms or ammunition for the duration of the order (this is both a state and federal requirement);
• Custody and visitation orders;
• Child and/or spousal support orders;
• Property control orders; and
• Attorney’s fees and costs.

The Firearms Prohibition: A Critical Consequence

One of the most significant — and often underappreciated — effects of a DVRO is the mandatory firearms prohibition. Under both California law and federal law (18 U.S.C. § 922(g)(8)), a person subject to a qualifying domestic violence restraining order is prohibited from possessing, purchasing, receiving, or transporting any firearm or ammunition.

This prohibition applies even to a TRO in many circumstances, and certainly to a permanent order.

The restrained party is required to:

• Surrender all firearms and ammunition within 24 hours of being served with the order (or within 48 hours for a noticed hearing order);
• Provide written confirmation of the surrender to the court; and
• Obtain a receipt from the law enforcement agency or licensed dealer receiving the surrendered weapons.

Failure to surrender firearms is a criminal offense. For respondents who are law enforcement officers, hunters, or others whose professions or personal lives involve lawful gun ownership, this consequence can be especially disruptive and is a reason to take the DVRO process extremely seriously from the outset.

The Effect of a Restraining Order: Beyond the Immediate Terms

Enforceability and Violations

A DVRO is not just a piece of paper. Violations are prosecuted as crimes. Under Penal Code § 273.6, intentionally and knowingly violating a domestic violence restraining order is a misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000. If the violation involves an act of violence or the respondent has prior DVRO violations, the offense can be charged as a felony.

This means that even seemingly minor violations — a single text message, driving past the protected party’s home, or attempting to communicate through a third party — can result in criminal charges. Respondents are well-advised to treat the order’s terms as absolute, not approximate.

The Protected Party’s Obligations

The protected party cannot “waive” the restraining order’s terms unilaterally. If the protected party contacts the restrained party or invites contact, the protected party cannot be held in contempt — but the restrained party can still be prosecuted for responding to that contact. The order protects one party; it does not bind them.

Registration and Interstate Effect

Once issued, a DVRO is entered into the California Restraining and Protective Order System (CARPOS) and the federal National Crime Information Center (NCIC) database. This means:

• Law enforcement throughout California and across the country can access and enforce the order;
• The restrained party cannot avoid the order by relocating to another state; and
• The order has legal effect in every U.S. jurisdiction under the Violence Against Women Act’s full faith and credit provisions.

Renewal of the Order

A permanent DVRO does not automatically renew. The protected party must file a request to renew before the order expires. California law provides that the court shall renew the order if the protected party reasonably apprehends future abuse — a standard that is not difficult to meet when there has been a prior finding of abuse. The restrained party may oppose renewal, but the burden is on them to demonstrate that the protected party’s apprehension is unreasonable. If the order is renewed it can be renewed for a period of five (5) years or permanently.

Impact on Immigration Status

For respondents who are not U.S. citizens, a DVRO — particularly one that includes findings of abuse — can have significant immigration consequences, including potential grounds for deportation or denial of future immigration benefits. If immigration status is a concern, it is essential to consult with both a family law attorney and an immigration attorney.

The DVRO–Custody Connection

This is where a restraining order can have the most profound and lasting impact on a family.

The Presumption Against Custody for the Restrained Party

California Family Code § 3044 creates a rebuttable presumption that awarding sole or joint physical or legal custody to a person who has perpetrated domestic violence is detrimental to the best interests of the child. This presumption applies whenever a court finds, by a preponderance of the evidence, that domestic violence occurred in the past five years.

What this means in practice: if a DVRO is issued against a parent, that parent faces a significant legal hurdle in any custody proceeding. The burden shifts to the restrained parent to overcome the presumption by demonstrating, among other things, that:

• They have completed a batterer’s intervention program;
• They have completed any required substance abuse or mental health treatment;
• They are not a continuing threat to the other parent or the children; and
• Awarding custody to them serves the best interests of the children.

A DVRO — even a TRO that has not yet been tested at a full evidentiary hearing — can influence temporary custody orders right away.

Custody and Visitation Terms Within the DVRO Itself

When a DVRO is granted, the court has authority to include custody and visitation orders as part of that order. These are not separate from the restraining order — they are built into it and enforceable through the criminal contempt process.

Visitation for a restrained parent, if allowed at all, is often structured carefully. Common protective arrangements include:

• Supervised visitation, where exchanges and parenting time occur in the presence of a neutral third party or a professional supervision center;
• Monitored exchanges, where the children are picked up and dropped off through a third party so the parents never need to be in the same location; and
• Limitations on overnight visits until the restrained parent has completed required programming.

The court always retains discretion to craft arrangements that prioritize the children’s safety and wellbeing.

The DVRO and the Family Court Case

It is common for a DVRO case and a custody case to run simultaneously — sometimes in front of different judges. Because the outcome of a DVRO substantially impacts the custody case, the DVRO case will be heard before any custody hearings. The findings made in a DVRO proceeding (particularly at a contested evidentiary hearing) can carry significant weight in the family law case. Courts are required to consider any history of domestic violence when making custody and visitation determinations, regardless of whether a formal restraining order is in place.

If you have an active family court case involving custody, a DVRO filing — in either direction — can trigger an immediate motion to modify existing orders. Do not assume that custody arrangements set in a prior stipulation or order will remain undisturbed if a DVRO enters the picture.

The DVRO and the Family Home

A DVRO can also determine who lives where — immediately, and sometimes for the duration of the case.

Exclusive Use and Possession

As part of a DVRO, a court can order the restrained party to move out of the family residence, even if that person owns the home or is on the lease. This is called an order for exclusive use and possession of the residence. The protected party’s right to remain safely in the home — along with the children — takes priority over property rights in the short term.

For the restrained party, this means being removed from your own home, often with very limited notice and time to gather belongings. For the protected party, it means being able to stay in a familiar, stable environment with the children while the case is pending.

This kind of order is temporary in nature. It does not resolve the underlying question of who will keep the home in a divorce or property division proceeding. But it has immediate, real-world consequences for living arrangements.

Property Restraining Orders

A DVRO may also include provisions that restrict both parties from transferring, encumbering, hypothecating, concealing, or otherwise disposing of property — including community property — without the written consent of the other party or a court order. This is especially important in a divorce context, where one concern is that a financially controlling party might attempt to dissipate assets or hide money during the proceedings.

These automatic temporary restraining orders (ATROs) are a standard feature of any filed dissolution petition, but they can also be specifically tailored within a DVRO when financial abuse is part of the dynamic.

Property Division in Divorce After a DVRO

A DVRO does not, by itself, change California’s community property rules. The family home, retirement accounts, bank accounts, and other assets accumulated during the marriage are still generally subject to equal division. However, the domestic violence itself can become relevant in limited circumstances:

• Attorney’s fees and costs: A court may order a restrained party to contribute to the protected party’s attorney’s fees in the DVRO proceeding and related family court case.
• Tort claims: In some cases, domestic violence can give rise to a civil tort claim, which may be addressed as part of the divorce proceeding.
• Waste and dissipation: If the abusive party destroyed property, incurred debt through reckless conduct, or dissipated community assets, the court may account for this in dividing the estate.

Responding to a Restraining Order: What to Do

If you have been served with a DVRO, it is essential that you:

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1. Read the order carefully and comply immediately. Even if you believe the allegations are false, violating a restraining order is a criminal offense.
2. Do not contact the protected party to “work things out” or discuss the order — even if they reach out to you first.
3. Surrender all firearms and ammunition within the required timeframe and file your proof of surrender with the court.
4. Preserve all evidence that may be relevant — text messages, emails, witnesses, records of your whereabouts.
5. Consult a family law attorney before the hearing. The hearing date will arrive quickly, and the stakes — for your custody rights, your home, your family law case, and your right to own firearms — are high.

Seeking a Restraining Order: How We Can Help

If you are in an abusive or threatening situation, you do not have to face it alone. At Perkins Family Law, PC, we assist clients in:

• Preparing and filing DVRO petitions;
• Presenting evidence at TRO and evidentiary hearings;
• Seeking custody, visitation, and exclusive use orders as part of the DVRO;
• Coordinating your DVRO case with any pending or anticipated divorce or custody proceedings.

We serve clients throughout Mendocino County. If you have questions about a domestic violence restraining order and what it could mean for your family law case, we invite you to contact our office to schedule a consultation.

Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws can change and individual circumstances vary; please consult a licensed California family law attorney for advice specific to your situation.