Restraining Orders in Los Angeles

Prosecuting a Domestic Violence Restraining Order

If you are seeking protection from abuse perpetrated by your spouse or partner towards you and or your children, you may apply for a Domestic Violence Restraining Order.  This can be filed on an emergency basis (ex parte) if you need immediate protection. This is usually filed using form DV-100, DV-101, DV-109, DV-110, CLETS-001, along with an extensive declaration and supporting evidence. The court will decide whether to grant you an emergency restraining order.  Whether or not the court grants the emergency restraining order, the court will set a trial for your DVRO. The papers will have to be personally served on the alleged perpetrator of domestic violence at least five court days or more before the trial.  The respondent will then have an opportunity to file a response, declaration, and evidence in opposition to your allegation.  At the DVRO trial, both parties will have the opportunity to testify, present witnesses, and introduce evidence.

Because the judge will base the initial decision largely on the written declaration and exhibits, we work with you to prepare a clear, detailed timeline of the conduct you have experienced. This may include copies of text messages, photographs of injuries or damaged property, police reports, medical records, and screenshots of social media posts. In Los Angeles County, your paperwork is filed with the family law clerk at the appropriate courthouse, and the court will usually review your request the same or next court day. Careful preparation at this early stage can make a significant difference in the type of temporary protections the court is willing to grant.

Under California law, "domestic violence" is defined broadly to include a pattern of abusive behavior used by one intimate partner against another to gain or maintain power and control. It is not limited to physical violence and encompasses a wide range of abusive behaviors. 

Here are the main types of abuse recognized under California's domestic violence statutes: 

Physical Abuse

This is the most visible form of abuse and involves intentional physical harm or injury. This includes hitting, slapping, punching, kicking, biting, shoving, or choking; pushing, grabbing, or restraining; using weapons or objects to inflict harm; depriving someone of necessary medical care; and physical intimidation or threats of physical harm. 

Emotional or Psychological Abuse

This type of abuse aims to control and manipulate someone's emotions and sense of self-worth. 

It can be just as damaging as physical abuse and includes: 

• Verbal abuse: insults, name-calling, yelling, criticizing, and belittling. 
• Intimidation: threats of harm, destroying property, stalking, and displaying weapons. 
• Isolation: controlling who someone sees, where they go, and what they do. 
• Humiliation: publicly embarrassing someone and making them feel ashamed or worthless. 
• Mind games and manipulation: gaslighting, twisting reality, and making someone doubt their own perceptions. 

Sexual Abuse

This involves any unwanted sexual contact or activity without consent. It includes rape and sexual assault, sexual harassment, pressuring someone into unwanted sexual acts, withholding sex as a form of control, and sexual exploitation or degradation. 

Economic or Financial Abuse

This type of abuse involves controlling someone's finances and limiting their access to resources. It includes controlling all the finances and not allowing someone access to money, preventing someone from getting or keeping a job, exploiting someone's financial resources, forcing someone to sign financial documents against their will, and running up debt in someone else's name.

Stalking

This involves a pattern of unwanted attention, harassment, or contact that causes fear or emotional distress. It includes the following or spying on someone, repeatedly contacting someone against their wishes, sending unwanted gifts or messages, monitoring someone's online activity, such as Instagram or Facebook, and threatening someone or their loved ones. Domestic violence is usually a pattern of multiple abusive behaviors used to exert power and control. A single incident can be serious, but it is important to recognize the overall pattern. Many forms of abuse involve coercive control, which is a pattern of acts designed to take away someone's liberty and independence. This can include isolating someone, regulating their daily behavior, and monitoring their activities. All forms of domestic violence can have severe emotional, psychological, and physical consequences for victims.

In addition to a restraining order, you may also ask for child custody, visitation, child support, spousal support, and attorney’s fees within the domestic violence restraining order application.

The evidentiary burden of proof in court is a preponderance of the evidence. It means that it is more likely than not that a fact is true.

Defending Against a Domestic Violence Restraining Order Application

Having a civil restraining order issued against you in California carries serious consequences that can significantly impact your life. A restraining order can be used as evidence in other legal matters. 

When we defend these cases, we review the allegations line by line and work with you to collect records, messages, and witnesses who can provide a different context or contradict what has been claimed. In Los Angeles, hearings are often short and fast-paced, so we help you prepare concise testimony and organize your exhibits in a way that makes it easy for the judge to follow your side of the story. We can also discuss whether you have any parallel criminal cases pending and how statements in the family law case could affect your rights in those proceedings.

Effect on Child Custody Issue

A domestic violence restraining order can significantly affect child custody and visitation arrangements, potentially leading to restrictions on your contact with your children.  Sometimes, the other spouse will file a Domestic Violence Restraining Order to gain a strategic or tactical advantage against the other spouse on the issue of custody.

California Family Code section 3044 establishes a critical presumption in child custody cases where domestic violence is an issue. If a court finds that a parent has perpetrated domestic violence against the other parent or the child within the past five years, there is a legal presumption that awarding custody (either sole or joint, legal or physical) to that parent is detrimental to the child's best interests. This presumption is a starting point for the judge in making custody decisions. It means the judge must begin with the assumption that the abusive parent should not have custody. However, this presumption is rebuttable.

Effect on Spousal Support/Alimony

Although a civil DVRO may not affect a spousal support claim, a conviction for criminal domestic violence has a significant impact on spousal support (also known as alimony). The law aims to prevent abusers from financially benefiting from their abuse. Family Code section 4325 creates a presumption against awarding spousal support to a spouse who has committed criminal domestic violence against the other spouse. If a spouse has been convicted of a felony act of domestic violence against the other spouse within the past five years, they are automatically barred from receiving spousal support. This applies to both temporary and permanent spousal support. If a spouse has been convicted of a misdemeanor act of domestic violence against the other spouse within the past five years, there is a rebuttable presumption against awarding them spousal support.

Criminal Charges for Violation of the Domestic Violence Restraining Order 

The most immediate consequence is that any violation of the restraining order is a criminal offense under California Penal Code section 273.6. This means even indirect contact, such as having a third party contact the protected person on your behalf, can lead to misdemeanor charges. Typically, a first-time violation is charged as a misdemeanor, punishable by up to one year in county jail, fines of up to $1,000, or both. It can also lead to felony charges. Subsequent violations or violations involving violence can be charged as felonies, leading to more severe penalties, including state prison time. If you are an immigrant or a green card holder, it may have immigration consequences as well that could lead to deportation or removal.

Because the stakes are so high, we explain each term of the restraining order to you in plain language and discuss common situations that can accidentally create a violation, such as responding to a text message, using shared online accounts, or trying to send messages through children. In Los Angeles County, law enforcement and prosecutors take alleged violations seriously, so understanding the order before you leave the courthouse is essential. Our goal is to help you comply with the court’s instructions while still preserving your ability to work, maintain important relationships, and move forward with your case.

Firearm Restrictions

If the restraining order was issued due to domestic violence, you will be prohibited from owning or possessing firearms. This is a federal law and applies even if the restraining order is a civil one.  This scenario becomes challenging if you work in law enforcement.  

Personal Consequences

The restraining order will likely restrict your ability to contact, approach, or be near the protected person. This can impact your relationships with family and friends if they are also close to the protected person. Being subject to a restraining order can negatively impact your reputation in your community and workplace.  Some background checks may reveal the existence of a restraining order, which could make it difficult to find housing or employment in certain fields.  

If you have been personally served with a domestic violence restraining order with a set hearing date, you need to immediately seek legal counsel who is experienced in defending you in these matters.  Sometimes, the DVRO is filed with the divorce case, while other times it is filed as a stand-alone case.

How Our Firm Approaches Domestic Violence Matters

Domestic violence allegations often affect every part of a child custody and visitation arrangement, potentially leading to restrictions on your contact with your children. Sometimes, the other spouse will file a Domestic Violence Restraining Order to gain a strategic or tactical advantage against the other spouse on the issue of custody.

Many domestic violence cases in Los Angeles involve complicated financial issues, including control of bank accounts, support needs, and who will remain in the family home while the case is pending. Because our lead attorney also has a background in accounting, we pay close attention to how restraining orders intersect with financial disclosures, support calculations, and potential long-term property division. We can help you gather records that support both your safety concerns and your financial requests, and we tailor our strategies to the specific courthouse and judicial officer assigned to your case.

We also understand that these cases are emotionally draining. We make time to explain each step, answer your questions, and help you weigh your options before important decisions such as settlement discussions, stipulations, or whether to bring additional witnesses to court. For clients who live or work throughout the greater Los Angeles area, we offer flexible communication by phone or video so you can stay informed without having to travel to our office for every update. Our goal is to guide you through the process in a way that protects your safety and positions you for a more stable future once the court proceedings are over.

Civil Harassment Restraining Order

A civil harassment restraining order in California is a court order that protects a person from harassment by someone they do not have a close family or intimate relationship with. This is the key difference between a civil harassment restraining order and a domestic violence restraining order (DVRO). Civil harassment restraining orders are typically used in situations involving disputes between neighbors that escalate to harassment, conflicts between roommates that involve threatening or harassing behavior, harassment or stalking in the workplace, harassment or stalking by someone you do not know, and any situation where there is harassment but no close family or intimate relationship.  

Under California Code of Civil Procedure section 527.6, "harassment" is defined as unlawful violence, like assault or battery, or a credible threat of violence, or a course of conduct that seriously alarms, annoys, or harasses the person and serves no legitimate purpose.  

"Course of conduct" means more than one act. It is a pattern of behavior that includes following or stalking someone, making harassing phone calls, emails, or texts, cyberstalking or online harassment, threatening or intimidating behavior, and destroying property.

Frequently Asked Questions

How Long Does a Domestic Violence Restraining Order Last?

Temporary domestic violence restraining orders usually last until the date of the hearing, which is often set within a few weeks of filing. At the hearing, the judge may deny the request, keep protections in place for a shorter period, or issue a longer-term order that can last up to five years. If the protected person still has safety concerns near the end of that period, they may ask the court to renew the order before it expires.

Do I Have to Live in Los Angeles to File a Domestic Violence Restraining Order Here?

You generally file in the county where either you or the other party lives, or where the abuse took place. If the incidents occurred in Los Angeles County or if one of you lives here, the case will typically be handled in a local Los Angeles family law courthouse. If you recently moved, the court may still accept your filing as long as there is a sufficient connection to this area.

Will a Domestic Violence Case Affect My Divorce or Custody Case?

Domestic violence findings can play a major role in related divorce and custody cases. A restraining order may influence decisions about legal and physical custody, parenting time schedules, and how parents exchange children. In some situations, the court may require supervised visitation or order one party to complete counseling or classes before parenting time can expand, so it is important to consider these possible outcomes when you decide how to proceed.

Whatever type of restraining order you need or are dealing with during your divorce, we are qualified to assist you. Contact us today or call (213) 798-4854 to speak with our domestic violence attorneys!