Domestic Violence Restraining Orders in San Diego — protection when it matters most.
A Domestic Violence Restraining Order (DVRO) under California's DVPA can provide immediate, court-enforced protection — and it has lasting impact on custody, support, and property. Whether seeking or defending one, the stakes are high.
What you need to know
The Domestic Violence Prevention Act (DVPA, Family Code §6200 et seq.) authorizes courts to issue Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Restraining Orders for up to 5 years. Findings of domestic violence carry presumptions in custody and support.
- An EPO can be issued by law enforcement and lasts up to 7 days.
- A TRO can be granted ex parte (without the other party present) and lasts until the hearing.
- Permanent DVROs can last up to 5 years and may be renewed.
- Family Code §3044 creates a rebuttable presumption against custody for a DV perpetrator.
- Violation of a restraining order is a criminal offense under Penal Code §273.6.
Related topics & situations
How to Get a Restraining Order
Filing the DV-100, what to include, and the hearing.
Emergency Protective Orders
Same-day orders issued by law enforcement.
Fighting a False Restraining Order
Defending against a DVRO that should not have been filed.
DV and Divorce
How a DVRO affects custody, support, and property division.
Civil Harassment Restraining Orders
When the parties aren't in a qualifying relationship.
Workplace Violence Restraining Orders
Protection sought by an employer.
Renewing a Restraining Order
Extending protection before expiration.
Modifying or Dismissing a DVRO
Changing the terms or terminating early.
Firearms Restrictions
Mandatory relinquishment under DVRO.
Children as Protected Parties
Including kids on a parent's DVRO.
Under Family Code §3044, when the court has found that a party has perpetrated domestic violence within the last five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody to that party is detrimental to the best interests of the child.
Source: California Family Code & California State Bar guidance. General information only.
Restraining Orders · Domestic Violence — frequently asked questions
What is a Domestic Violence Restraining Order in California?
How quickly can I get a restraining order?
How long does a restraining order last?
What evidence do I need for a DVRO?
Will a restraining order affect my custody case?
Can I get a restraining order against a former dating partner?
What happens if a restraining order is violated?
Can a restraining order be removed?
What is the difference between a DVRO and a CHRO?
Will a restraining order show up on my background check?
Will I lose my firearms?
Can I include my children on the order?
Speak with a San Diego family law attorney today.
Every conversation is private. Most clients leave the first call with a clear sense of what to expect — what California law says, what your case is likely worth, and what to do next.