A domestic violence restraining order is the fastest legal protection California offers — it can order the abuser to stay away, move out, stop contacting you, and surrender firearms. Getting one is a legal process with real deadlines. Getting it right, and enforcing it, is what we do.
California's Domestic Violence Prevention Act (Family Code sections 6200 through 6389) creates three layers of protection. The Act defines domestic violence broadly — abuse against a spouse, former spouse, cohabitant, dating or engagement partner, co-parent, or close family member (Family Code 6211) — and the protective orders themselves issue under Family Code 6300. An emergency protective order (EPO) is requested by law enforcement at the scene and lasts five court days or seven calendar days. A temporary restraining order (TRO) is issued by a judge the same day you file, without the abuser present, and protects you until the hearing — usually within 21 days. After the hearing, a permanent order can last up to five years and can be renewed.
A DVRO is not just 'stay away.' The court can order the restrained person to move out of a shared home, stay 100 yards from you, your home, your work, and your children's school; have no contact by phone, text, email, or third parties; pay child support and certain bills; complete a batterer's program; and surrender all firearms (Family Code 6389). Violating the order is a crime — and law enforcement must arrest on probable cause of a violation (Penal Code 836).
The paperwork is exacting — the declarations matter more than most people realize, because a TRO is issued on your words alone. We prepare the filing, write the declaration with the facts the court needs, appear with you at the hearing, and handle service. You are not alone in the courtroom, and you do not have to relive the worst details in front of the person who hurt you without preparation.
What an EPO is, who requests it, and what happens when it expires. San Diego DVRO attorney Thomas Gennaro explains.
How a same-day TRO protects you before the hearing. San Diego DVRO attorney Thomas Gennaro prepares and files them.
How long a DVRO lasts, and how renewal works in California. San Diego DVRO attorney Thomas Gennaro.
How the restraining order hearing works, what the judge considers, and how to prepare. San Diego DVRO attorney Thomas Gennaro.
National Domestic Violence Hotline: 1-800-799-7233 — or text START to 88788. For everything after safety: call (619) 730-7884, free and confidential.
