blog home Domestic Abuse How a Domestic Violence Protective Order Works in California

How a Domestic Violence Protective Order Works in California

By San Diego Attorney on August 4, 2025

If you are facing domestic violence accusations in California, one of the first and most serious legal actions you may encounter is a domestic violence restraining order.

A restraining order can immediately impact your freedom, living situation, and even your parental rights—even before you have had a chance to defend yourself in court. But understanding how these protective orders work is critical to protecting your future.

Whether you are dealing with a DV emergency order, navigating San Diego family court DV proceedings, or facing overlapping criminal and civil restraining orders, jD Law Criminal Defense Attorneys is here to help.

What Is a Domestic Violence Restraining Order in California?

A domestic violence restraining order (DVRO) is a court order issued to protect an individual who claims to have been abused or threatened by someone with who they have a close relationship.

Under California Family Code § 6203, abuse includes physical violence, sexual assault, threats, stalking, harassment, and other forms of behavior that place the alleged victim in fear.

The relationship must fall under California’s definition of “domestic,” including:

• Spouses or former spouses
• Cohabitants (current or former)
• Individuals who share a child
• People in a dating or engagement relationship
• Close family members (parents, siblings, children)

Types of Protective Orders in California

California courts can issue different types of protective orders depending on the stage of the case and the perceived threat. Understanding these categories can help you prepare an effective protective order defense.

Emergency Protective Order (EPO)

An Emergency Protective Order (EPO) is the fastest way for law enforcement to obtain protection for an alleged victim. These are typically issued by a judge at the request of a police officer and are valid for up to 7 days.

EPOs are often granted immediately after a domestic violence arrest, even before any formal charges are filed. You may be forced to leave your home and stay away from the alleged victim and children, with no opportunity to respond until a full hearing takes place. Violating an EPO is a crime under Penal Code § 273.6.

Temporary Restraining Order (TRO)

Once a victim files a request with the court, a Temporary Restraining Order (TRO) may be granted. TROs are usually valid for 21–25 days until the full court hearing can take place.

TROs can prohibit you from:

• Contacting or coming near the protected person(s)
• Living in a shared home
• Owning firearms
• Seeing your children (in some cases)

Even if the original accusation was unfounded, failure to appear and respond could result in a permanent order being issued without your input.

Permanent Restraining Order

If the court determines that abuse has occurred or is likely to occur in the future, it may issue a Permanent Restraining Order. While it is called permanent, these orders generally last up to 5 years. However, they can be modified or extended.

Violating any type of restraining order is a criminal offense and may result in fines, jail time, or additional charges. A conviction may also appear on background checks and affect your ability to secure employment, housing, or custody rights.

Criminal vs. Civil Restraining Orders

One of the most confusing aspects of domestic violence defense in California is the overlap between criminal and civil restraining orders.

What Is a Civil DVRO?

Civil DRVOs are initiated by the alleged victim in family court and handled as civil matters. You do not need to be charged with a crime for someone to file a DVRO against you. These are often used during divorces or custody battles, where emotional tension runs high.

San Diego family court domestic violence proceedings can result in court orders that affect:

• Visitation and custody
• Who stays in the home
• Financial support
• Contact with shared children

What Is a Criminal Protective Order (CPO)?

If you have been arrested or charged with domestic violence, a criminal protective order may be issued by the court during the criminal case. This is separate from any civil action and is enforced by the criminal court.

CPOs are usually in place throughout the duration of the case and may remain in effect even after sentencing. A criminal conviction can lead to mandatory restraining orders, especially in cases involving corporal injury or threats.

You may be subject to both civil and criminal restraining orders at the same time, each with its own rules and court processes. That is why having an experienced San Diego domestic violence defense attorney is essential.

Legal Consequences of a DVRO

A domestic violence restraining order in California has serious and immediate consequences:

• Firearms Restrictions: You will be required to surrender any firearms you own and may be prohibited from owning guns for life.
• Custody and Visitation: A DVRO can restrict or eliminate your access to your children.
• Immigration Consequences: Non-citizens may face visa issues or deportation.
• Housing and Employment: The order may affect your ability to secure housing or employment, especially in government or education positions.
• Criminal Charges: Violating any part of a restraining order is a misdemeanor and may lead to jail time, fines, or felony enhancements for repeat violations.

Fighting Back Against Protective Orders

The court may initially grant a TRO based solely on the alleged victim’s written declaration. But at the hearing for a permanent DVRO, you have the right to present evidence, call witnesses, and cross-examine the accuser.

Common Defense Strategies

• False allegations: Unfortunately, restraining orders are sometimes used manipulatively in custody or divorce disputes. Your San Diego criminal lawyer can present evidence to show the accusation was fabricated or exaggerated.
• Self-defense: If the alleged violence occurred while you were defending yourself or others, that fact can be used to challenge the restraining order.
• Lack of evidence: Courts require “clear and convincing evidence” to issue a long-term order. If the accuser lacks documentation, witnesses, or medical records, your attorney may successfully oppose the order.
• No pattern of abuse: A single verbal disagreement or emotional exchange may not qualify as abuse. If the incident was isolated and non-threatening, the judge may deny the request.

What Should You Do If Served With a DVRO?

If you have been served with a restraining order:

1. Do not contact the protected person, even to explain or apologize. Any communication may be considered a violation.
2. Read the order carefully and comply with every condition.
3. Contact a criminal defense attorney immediately to prepare your defense and ensure all filings are handled properly.
4. Gather evidence: messages, emails, social media posts, witness statements, and surveillance footage can all be critical.
5. Attend the court hearing: Failure to appear can result in the automatic issuance of a permanent restraining order.

Taking Action to Protect Your Rights

Protective orders can impact every aspect of your life. If you are facing a domestic violence restraining order in California, the clock is ticking. You may have only days to respond and fight back in court.

At jD Law Criminal Defense Attorneys, we bring decades of experience to every domestic violence case. Attorney James N. Dicks is a Certified Criminal Law Specialist and former LAPD investigator with over 30 years of experience. We understand the court system, the stakes, and how to mount a strategic and aggressive defense.

Speak With Our Experienced Criminal Defense Attorney in San Diego

If you have been served with a restraining order or arrested for domestic violence in San Diego, do not wait. We will help you understand your rights, navigate the legal process, and build a solid defense strategy.

Call jD Law Criminal Defense Attorneys today at (760) 630-2000 for a confidential consultation. You do not have to face this alone—let us stand up for you.