What a DVRO Does
A California DVRO is a civil court order that can:
- Prohibit the restrained person from contacting you — by phone, text, email, social media, or through third parties.
- Require the restrained person to move out of a shared home even if they are on the lease or own the property.
- Establish temporary custody and visitation arrangements for children.
- Require the restrained person to surrender firearms and ammunition.
- Prohibit the restrained person from coming within a specified distance of you, your home, your workplace, and your children’s school.
A DVRO is a civil order — not a criminal conviction. Violating it, however, is a criminal offense under California Penal Code § 273.6 and can result in arrest, jail time, and fines.
Who Can Get a DVRO in California
DVROs are available to people who have experienced abuse from someone they have a close relationship with. Under the Domestic Violence Prevention Act (California Family Code § 6211), that includes:
- A current or former spouse or domestic partner.
- A current or former dating partner.
- A person you live with or have lived with.
- A co-parent — someone you have a child with.
- A close family member — parent, child, sibling, grandparent.
If your relationship with the person does not fit one of these categories, a Civil Harassment Restraining Order under California Code of Civil Procedure § 527.6 may be available instead.
What Counts as Abuse Under California Law
California Family Code § 6203 defines abuse broadly. It includes:
- Physically hurting or trying to hurt you.
- Sexual assault.
- Making you reasonably afraid that you or someone else is about to be seriously hurt.
- Stalking, harassing, threatening, or disturbing your peace.
- Destroying your personal property.
- Disturbing your peace — which California courts have interpreted to include coercive control, monitoring your activities, and isolating you from friends and family.
You do not have to be physically hit to qualify for a DVRO. Emotional abuse, coercive control, and credible threats are sufficient.
The Two Types of DVRO — Temporary and Permanent
Temporary Restraining Order (TRO)
A Temporary Restraining Order is issued by a judge on an emergency basis — usually the same day you file — without the other person being present. It lasts until the court hearing, which is typically scheduled within 21 days. The TRO is served on the restrained person by law enforcement or a process server.
Permanent Restraining Order
At the hearing, both parties appear before a judge. The judge hears evidence from both sides and decides whether to issue a permanent restraining order. Despite the name, a permanent DVRO in California lasts up to five years and can be renewed.
How to Get a DVRO in California
You file for a DVRO at your county superior court’s family law division. The process uses Judicial Council forms — primarily the DV-100 (Request for Domestic Violence Restraining Order). You do not need an attorney to file.
Most California superior courts have self-help centers with staff who can help you identify and complete the correct forms. Many courts also have domestic violence advocates available at the courthouse who can assist you through the process at no cost.
After you file, a judge reviews your paperwork — usually the same day. If the judge finds sufficient grounds, a TRO is issued immediately. The court schedules a hearing and law enforcement serves the TRO on the restrained person.
What Happens at the Hearing
At the hearing, you will need to present evidence supporting your request — your own testimony, text messages, photos of injuries, police reports, medical records, or witness statements. The restrained person has the right to appear and contest the order.
The standard of proof is a preponderance of the evidence — meaning more likely than not that abuse occurred. This is a lower standard than criminal court.
If the judge grants the order, a permanent DVRO is issued. If the judge denies it, the TRO expires.
Firearms and DVROs
Under California law and federal law (18 U.S.C. § 922(g)(8)), a person subject to a DVRO is prohibited from owning, possessing, purchasing, or receiving firearms or ammunition. The restrained person must surrender all firearms to law enforcement or a licensed dealer within 24 hours of being served and file proof of surrender with the court.
This is one of the most significant consequences of a DVRO and is enforced seriously.
Frequently Asked Questions
Do I need a lawyer to get a DVRO in California?
No. You can file for a DVRO without an attorney using Judicial Council forms available at your courthouse or at courts.ca.gov. Court self-help centers and domestic violence advocates can assist you through the process at no cost.
How long does a DVRO last in California?
A Temporary Restraining Order lasts until the court hearing — typically within 21 days. A permanent DVRO lasts up to five years and can be renewed before it expires.
Can a DVRO affect child custody?
Yes. A DVRO can include temporary custody and visitation orders. California Family Code § 3044 creates a presumption against granting custody to a parent who has committed domestic violence — this presumption applies in both DVRO proceedings and separate custody cases.
What if the restrained person violates the order?
Call 911 immediately. Violation of a restraining order is a criminal offense under California Penal Code § 273.6. Law enforcement can arrest the restrained person on the spot. Keep a copy of your restraining order with you at all times.
Does this apply outside California?
Under the Violence Against Women Act (18 U.S.C. § 2265), restraining orders issued in one state must be honored by all other states. If you move or the restrained person moves, the order remains valid nationwide.