Domestic violence continues to impact individuals and families across California. To protect those affected, California offers a powerful legal remedy through Domestic Violence Restraining Orders (DVROs). These orders provide essential protection for victims of abuse, covering a wide range of harmful behaviors, not just physical violence. Understanding the scope, process, and legal framework of DVROs is vital for anyone facing domestic abuse or supporting someone who is.

What Qualifies as Domestic Violence Under California Law?

Under California's Domestic Violence Prevention Act (DVPA), abuse is defined broadly to include physical, emotional, psychological, and even economic harm. The law recognizes that domestic violence can take many forms and extends protection beyond physical assault.

Legal Definition of Abuse
According to California Family Code § 6203 and § 6320, abuse includes:

• Intentionally or recklessly causing or attempting to cause bodily injury
• Rape and Sexual assault
• Placing someone in reasonable fear of imminent serious bodily injury
• Harassment, stalking, threats, and other forms of intimidation
• Destroying personal property or disturbing the peace of the victim

Importantly, disturbing the peace can involve behaviors that undermine a person's mental or emotional stability, without involving physical violence.

Who Can Seek a DVRO?

California law allows individuals in a variety of relationships to seek DVROs. These include:

• Current or former spouses
• Domestic partners
• Individuals who currently live together or have lived together
• People in a dating or engagement relationship
• Parents of a shared child
• Children or other close relatives

This broad scope ensures that DVROs are available to victims across different domestic settings.

Non-Physical Abuse: A Critical Legal Focus

California's legal approach to domestic violence goes beyond visible injuries. Victims often experience emotional and psychological abuse that significantly disrupts their lives. Conduct such as repeated threats, coercive control, and even relentless verbal harassment can qualify as abuse under the DVPA.
This interpretation is especially important when seeking protection in cases that do not involve physical violence but still create fear, anxiety, or mental distress.

Key California Cases Shaping DVRO Law

Several recent California Court of Appeal decisions have reinforced the state's expansive approach to interpreting domestic violence statutes:

Navarro v. Cervera
The court reaffirmed that “disturbing the peace” includes behaviors that destroy a person's mental and emotional calm. Protection under the DVPA does not require physical harm.

Vinson v. Kinsey
Here, the court clarified that threats and intimidation, even without physical contact, can qualify as abuse. The decision emphasized the importance of evaluating the totality of the circumstances, not just isolated incidents.

McCord v. Smith
This case confirmed that acts affecting a victim's emotional stability are valid grounds for protection. The court acknowledged that emotional abuse is as serious as physical violence in DVRO determinations.

How to Obtain a Domestic Violence Restraining Order in California

Seeking a DVRO involves several important steps. Understanding the process can help victims prepare effectively and ensure they receive the protection they need.

1. Document the Abuse
Maintain detailed records of abusive incidents, including:

• Dates, times, and locations
• Descriptions of what happened
• Any injuries, damages, or threats
• Witness statements, photos, or text messages

Documentation can significantly strengthen a DVRO petition.

2. File a Petition in Family Court
The victim (known as the "protected person") must file court forms requesting a temporary restraining order. A judge may issue a Temporary Restraining Order (TRO) that lasts for up to 21 days.
A Permanent Restraining Order hearing is then scheduled, where both parties can present evidence.

3. Legal Representation
Although not required, having an attorney can greatly improve the chances of securing long-term protection. Legal professionals can help frame the abuse according to statutory definitions and court precedent.
In some cases, victims may also need help understanding related charges such as domestic battery and their implications in family court or criminal proceedings.

4. Safety Planning
Legal protection is only part of the solution. Victims should also create personal safety plans that may include relocating, changing contact information, and securing emergency resources.

What DVROs Can Do

A DVRO can provide comprehensive protections, including:

• Prohibiting the restrained person from contacting or coming near the protected party
• Awarding temporary custody and visitation rights
• Requiring the restrained party to move out of a shared residence
• Imposing firearm restrictions
• Setting spousal or child support conditions

In family law cases, DVROs can significantly impact custody determinations. When abuse is a factor, California courts prioritize child safety. If you're facing both custody and abuse issues, it is essential to understand how domestic violence impacts child custody in California.

Consequences for the Restrained Party

Being the subject of a DVRO can have lasting effects, including:

• Limitations on child custody and visitation
• Loss of firearm rights
• Barriers to housing or employment
• Potential criminal charges for violations
• Court orders to attend counseling or anger management

These consequences underscore the importance of both parties taking DVRO proceedings seriously, especially in situations where criminal charges such as assault with a deadly weapon or firearm are involved.

California's Progressive Approach to Domestic Violence

California remains a national leader in expanding legal protections for domestic violence victims. The DVPA and subsequent court decisions show a clear intent to recognize the full range of abusive behaviors and offer meaningful remedies.
As legal definitions evolve, courts are more prepared to issue DVROs based on emotional, psychological, and verbal abuse, not just visible physical harm.

Domestic Violence Restraining Order Lawyers in California: Protecting Your Safety and Legal Rights

If you are facing abuse or have been served with a restraining order, the attorneys at Bulldog Law are here to help. Our California law firm specializes in domestic violence cases, restraining orders, and family law. We provide strong legal advocacy for survivors seeking protection and also defend the rights of those accused. Let our experienced team guide you through every step of the DVRO process and help secure the outcome you deserve.