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You file a petition (DV-100 form) with the family court — the San Diego courthouse closest to you, or any courthouse if you fled for safety. A judge reviews it the same day and can issue a temporary restraining order without the abuser present. A hearing follows within about 21 days, where a five-year order can be granted. You can do this without a lawyer, but a lawyer prepares the declaration and represents you at the hearing. If you are in immediate danger, call 911 — an officer can request an emergency protective order on the spot.
An emergency protective order lasts 5 court days or 7 calendar days. A temporary restraining order lasts until the hearing — usually within 21 days. The order issued after the hearing can last up to five years, and it can be renewed for another five years or made permanent without proving new abuse.
Yes. California Civil Code 1708.6 creates the tort of domestic violence: a civil lawsuit against the abuser for medical and therapy costs, lost income, pain and suffering, and punitive damages in cases of malicious or oppressive conduct. The civil case is separate from any criminal case and is decided on a lower standard of proof — preponderance of the evidence.
Three years from the date of the last act of domestic violence (Code of Civil Procedure 340.15). The clock resets with each qualifying act. But evidence fades faster than the deadline — messages get deleted, witnesses move, and records age. The practical answer: sooner is always stronger.
The Domestic Violence Prevention Act (Family Code 6211) covers abuse against a spouse or former spouse, cohabitant, dating partner or former dating partner, the other parent of your child, or a close relative (child, parent, sibling, in-law). Abuse includes physical harm, credible threats, sexual assault, stalking, harassment, disturbing your peace, and destroying personal property.
Both sides present evidence and testimony, and the judge decides whether abuse occurred and protection is warranted — on a preponderance of the evidence, not beyond a reasonable doubt. You testify first, the other side responds, and the judge usually rules from the bench. The same hearing can set custody, support, and move-out orders.
Yes — the courts provide forms and help centers, and many people file on their own. The honest tradeoff: the declaration is the case when there is no hearing, and self-represented parties routinely lose winnable hearings on preparation, not facts. A lawyer writes the declaration courts look for, organizes the evidence, and stands with you at the hearing. The consultation is free — you lose nothing by knowing your options.
It should — that is the point of Family Code 3044: a parent who perpetrated domestic violence within the last five years is presumed unfit for custody and must prove otherwise to the court. The DVRO findings feed directly into custody and visitation decisions, which is why the DVRO case and the custody case are really one case.
Not always. If you believe your device or accounts are monitored, use a device the abuser has never had access to — a library computer, a work device, or a trusted friend's phone — for legal calls and messages. Tell us at the first contact that your device may not be safe; we will communicate through a channel that is. Your communications with your attorney are privileged and confidential — protecting the device protects the privilege.
The consultation is free and confidential. Domestic violence civil lawsuits for damages are handled on contingency — no fee unless we win, the fee comes from the recovery. Restraining order and family law matters are handled under a written fee agreement explained in full before anything begins. We will tell you plainly what your case needs and what it costs — and if there is a free path, we will tell you that too.
