blog home Domestic Abuse Contesting or Modifying Domestic Violence Restraining Orders

Contesting or Modifying Domestic Violence Restraining Orders

By San Diego Attorney on November 27, 2023

A DVRO is a court order that has a significant and far-reaching impact on your life. It may limit your physical freedom, damage your career, and cause several types of negative consequences. DVROs that restrict parental visitation can be very harmful to children.

A DVRO can only be modified by a judge. A DVRO may have been unfairly issued against you based on untrue accusations or a police officer’s rush to judgment. Your situation may have changed dramatically since the DVRO was issued, and you have the right to request modifications. Speak with an experienced criminal defense lawyer as soon as possible to contest or change a DVRO.

What Is a DVRO?

A domestic violence restraining order (DVRO) is a legal command issued by a judge against someone accused or convicted of domestic violence. It can be used to restrict your behavior in several ways.

There are three types of DVROs:

• Emergency Protective Order (EPO). Made at the request of a law enforcement officer when a person is reasonably believed to be in immediate danger from domestic violence. An EPO is enforceable for five business days or seven calendar days.
• Temporary Restraining Order (TRO). A TRO is enforceable for 20 to 25 days.
• Permanent Restraining Order. A permanent restraining order is a civil order that can be filed based on a conviction for certain criminal offenses. A permanent restraining order is enforceable for up to five years and may be renewed.

How a DVRO Can Impact Your Life

Living under a DVRO seriously affects your life and freedom. It will damage your reputation and may be detrimental to your career. A DVRO may have serious repercussions if you are serving in the military. Your right to own firearms will be taken away for as long as a DVRO is in effect.

A DVRO may be used as part of a civil lawsuit against you and can also threaten adoption and custody rights. Additionally, a DVRO can negatively impact your immigration status.

A DVRO may order various restrictions, such as requiring you to maintain a distance of at least 100 yards away from the petitioner or alleged victim. If you share children with someone you are still married to, a DVRO may cover visitation and child support. A “no contact order” forbids all types of communication with the other party, including social media, phone, text, email, and messages conveyed by others.

A DVRO may include the following types of restrictions:

• “Stay away” orders
• “No contact” orders
• Vacating your own residence
• Relinquishing firearms
• Spousal support
• Child custody
• Restitution
• Return of property

Changing a Domestic Violence Restraining Order

If you wish to contest a DVRO or have its conditions modified, it’s important to find a criminal defense lawyer who understands San Diego domestic violence cases. Your attorney will advise you on your best strategy, represent you in court, and make sure all your paperwork is in order.

You must follow these steps to change a DVRO:

1. Fill out the appropriate forms to request a hearing.
2. Officially serve the other party.
3. File proof of service notification with the court.
4. Consult with your attorney about your legal strategy and possible defense witnesses.
5. Attend the hearing with your attorney. Be polite, professional, and respectful when addressing the court.
6. If the judge modifies the DVRO, fill out and sign the amended orders.

Has a DVRO Been Issued Against You?

Founder of jD Law Criminal Defense Attorneys James N. Dicks has over 30 years of legal experience, and he’s handled thousands of cases throughout his career. He’s deeply familiar with the judicial process in San Diego and the surrounding area. With jD Law Criminal Defense Attorneys, you can count on us to find the best strategy to protect your rights and your freedom.

We are available 24/7. Call (760) 630-2000 to schedule a FREE consultation today.

We speak English and Spanish.