Domestic violence restraining orders aim to protect people from abuse or threats from someone close to them. In California, these orders help stop further harm by setting legal boundaries. If someone feels unsafe due to a partner, spouse, or family member’s actions, they can ask the court for protection. The court takes these requests seriously and can act quickly to provide safety.
What a domestic violence restraining order does
A domestic violence restraining order (DVRO) limits the contact the restrained person can have with the protected person. It may order the restrained person to move out of the home, stay away from certain places, or stop contacting the protected person. It can also protect other family members or children who live with the person asking for the order. Once the judge signs the order, police can enforce it right away.
There are three types of DVROs in California. An emergency protective order lasts up to 7 days and helps in urgent situations, like when police respond to a domestic violence call. A temporary restraining order usually lasts 20 to 25 days, until the court holds a full hearing. A permanent restraining order can last up to five years, and the state may extend it if the supposed threat continues. The protected person must attend a court hearing to explain why they need longer protection.
How to request a restraining order
To get a DVRO, the person seeking protection must fill out court forms and explain what happened, describing the alleged abuse or threats in detail. After filing, the court reviews the request, often the same day. If the judge believes someone is in danger, the court issues a temporary restraining order.
Next, the restrained person must receive legal notice of the order. This step is called “service” and must happen before the hearing. At the hearing, both sides can share their side of the story. Then the judge decides whether to make the order longer.
Domestic violence restraining orders give people a way to stay safe and take control of their lives. These orders create a legal shield that helps stop future harm and gives survivors space to heal.
