Domestic Violence Restraining Orders (DVRO) protect individuals from abuse, harassment, and intimidation. California courts issue it to create a safe space for people who have experienced violence or threats from someone they are close to. The law protects the victim from further harm and keeps the alleged abuser away. Potential abusers are spouses, lovers, family members, or co-parents.
Under California law, abuse is not limited to physical violence. It includes emotional manipulation, financial control, intimidation tactics, and behaviors that isolate victims away from their support systems. You could be subject to hefty fines and incarceration if accused of violating such an order. These have long-term effects on a person’s personal and professional reputation.
At the Law Offices of Anna R. Yum, we are experienced in defending clients in San Diego, CA, against DVRO violation allegations. We understand the justice system and stand committed to fighting for your rights.
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The Meaning of a Restraining Order
In California, a restraining order is a court order to protect an individual from being harassed, abused, stalked, or threatened by having the restrained person keep a specified distance from the protected individual.
This court order may also involve an order that the restrained person must not come within a certain distance of or contact, whether by phone, on social media, or by email, the person against whom they are restrained. The goal is to protect the person seeking protection from harm.
A restraining order can cover a wide range of things. For example, the restrained person may be directed to leave a shared residence, relinquish firearms, and abide by specific child custody provisions.
What is a Domestic Violence Restraining Order?
In California, a Domestic Violence Restraining Order (DVRO) is a legal mandate that the court issues to protect a person from abuse or threats from someone with whom they have a close relationship.
The purpose of this court order is to stop the abuser or harasser from abusing or harassing you any further. The abuser is not allowed to contact the victim, remove the abuser from a shared residence, give the children of the victim to the victim, or require the abuser to attend counseling or anger management programs.
The purpose of a DVRO is to stop the alleged abuser from doing further harm or harassing by limiting what they can do. These restrictions can amount to any contact, in person, on the phone, or through digital communication, creating a protective barrier around the victim. The court may also require the restrained person to leave a shared residence to allow the victim to live there without intimidation or fear of harm.
DVRO can temporarily give custody of the children to the victim to protect the children. This is a safety measure that aims at ensuring that the abuser does not have unsupervised access to the children to reduce future harm. The court can also order that the restrained person attend counseling or anger management programs to determine what behavioral problems cause the incidents and prevent future incidents.
What Counts as Domestic Violence?
Domestic violence in California means the commission by one person against another of any of certain specified abusive behaviors. These include any act committed by one such person against another with whom the person maintains or has maintained a close personal relationship, including a spouse, cohabitant, co-parent, or dating partner.
As defined by California Family Code Section 6211, abuse includes abuse against a spouse or former spouse, cohabitant or former cohabitant, a person with whom the respondent is having or has had a dating or engagement relationship, or other specified relationships.
Under California Family Code Section 6203, abuse in this context means willfully or recklessly causing or attempting to cause physical harm, sexual assault, placing a person in reasonable fear of imminent serious physical injury to the victim, or engaging in any behavior which is or could be enjoined according to Section 6320.
One thing to remember about domestic violence is that it is not just physical. This also includes emotional abuse, threats, and other forms of coercive behavior.
Person Eligible to File for a Domestic Violence Restraining Order
In California, if a victim faces abuse from certain types of people and wants legal protection, they have a right to seek a DVRO. If your relationship with the alleged abuser meets the statutory criteria, you can file for a DVRO. For example, you can ask for this protective order if the person is your spouse or ex-spouse. The law also acknowledges intimate relationships outside of marriage, including dating partners, whether or not the relationship has ended.
If you share a child with the alleged abuser, you are also connected as a shared parent, giving you standing to file. Also, family relationships and close familial ties, for example, a parent, child, sibling, or other immediate family member, count towards the scope of relationships covered for DVRO eligibility. If you and the alleged abuser have lived together as roommates, either now or in the past, you can petition for protection beyond these bonds.
The underlying idea here is to offer legal remedies to persons who are subjected to abuse or harassment by a person who is connected in some personal or domestic way. This scope protects the vulnerable from harm while reaffirming the seriousness of relationships built on trust or proximity that have been exploited. The law acknowledges these particular dynamics and provides a sensitive framework to deal with domestic violence comprehensively.
Different Levels of Domestic Violence Restraining Orders
In California, not all domestic violence protective orders are created equal. The law offers different types of protection based on the immediacy and severity of the threat you face. Various types of orders are needed for other purposes and have other protections. These include:
Emergency Protective Order (EPO)
An emergency protective order is a quick order that could be used when immediate action is needed to protect from harm. Domestic violence, abuse, or harassment is often an imminent danger to an individual, and law enforcement officers are often the first to intervene. In these cases, they can ask a judge for an EPO for you at any hour—day or night.
This order is usually good for a short order of 5 to 7 days. Its purpose is to give you temporary safety and stability so you can pursue longer-term legal remedies. An EPO can, for example, order that the abuser stay away from you, your home, and your workplace if you are in immediate physical danger. It may also include provisions to protect children in your household or other vulnerable individuals.
The EPO is a short-term solution with considerable impact. It is a legal buffer that protects your life until you can obtain further protection under the court system. This initial step often initiates the law’s commitment to protecting those in crisis, a precursor to broader protective measures.
Temporary Restraining Order (TRO)
Unlike an emergency protective order that only lasts for a few moments, a temporary restraining order continues to protect you. A TRO is issued by the court based on your testimony and the supporting evidence, usually without the abuser being present. This ex parte process emphasizes your situation’s urgency, and the court can act quickly to prevent you from harm.
The TRO continues in effect until a formal court hearing occurs, usually in about 20 to 25 days. The abuser is legally forbidden to contact or harass you or come near you at all during this period. If you live with an abuser, the order may require the abuser to leave your home so that you have a safe place to live until the hearing.
This restraining order is helpful for those who want an immediate cure but are looking for a longer-term resolution. The TRO fills a gap in the broader framework of domestic violence prevention by bridging the gap between emergency intervention and long-term protection.
Permanent Restraining Order
A permanent restraining order offers additional protection for a more extended period. It gives you and the abuser the chance to defend your case before the judge. As its name suggests, this order lasts up to five years and can be renewed if the threat persists.
The judge then decides whether ongoing is necessary as he evaluates the evidence, including any history of abuse or threats. The order can encompass all such safety precautions as against the abuser contacting you or keeping a certain distance, prohibiting violence and harassment. It may also cover child custody, visitation, and support if applicable.
You could be arrested and charged with a crime if you violate its terms. This order is an essential step toward long-term safety and stability for survivors of domestic violence, reaffirming their right to live free of fear.
Criminal Protective Order
A criminal protective order is issued to protect victims and witnesses if a criminal case is not completed. Unlike other restraining orders, the state brings this order, not the protected person. It shows how serious the situation is because it is tied directly to criminal charges against the abuser.
A criminal order then places the defendant in a position where they cannot come into close contact with the protected people. That includes direct communication, like any phone call or message, and indirect communication by third parties. The order is designed to prevent intimidation, retaliation, or further harm while the criminal case is underway.
In such instances, the orders are particularly severe because they can increase the threat to the victim or witnesses resulting from the abuser’s criminal conduct. A criminal protective order reinforces the legal process with extra protections, ensuring no one’s safety or dignity and no one’s pursuit of justice is compromised.
Eligibility of Filing for a Domestic Violence Restraining Order
A DVRO is a big step in protecting yourself and reclaiming your life. The process has several critical steps, and every step must be closely monitored and observed for legal and administrative protocol. The process can be intimidating, but it is meant to prioritize your safety and ensure you secure the protection you deserve.
- Complete Required Forms
Filing for a DVRO starts with filling out the necessary forms. You can either obtain them from your local courthouse or online through your state judicial website. The two most common are Request for a Domestic Violence Restraining Order (DV-100) and a Temporary Restraining Order (DV-110). The DV-100 is where you outline your reasons for requesting protection and the type of relief you are seeking, and the DV-110 is where you ask for immediate, temporary protection.
However, filling out these forms requires you to be as thorough and precise as possible. In addition to describing the abuse or threats you have experienced, try to provide as much detail as possible, which will be helpful for the judge to determine the urgency and the need to grant your request. If you are overwhelmed, many courthouses have self-help centers or victim advocates to help you navigate the paperwork.
- File the Forms
After filling out the forms, the next step is filing them with the court clerk. This officially starts the legal process. Most DVROs do not require a filing fee, so financial concerns will not stop people from securing protection.
When you submit the forms, the clerk will assign your case a hearing date. They will also send it to a judge for review. Sometimes, the judge may issue a Temporary Restraining Order (TRO) to keep you safe until the hearing.
- Temporary Restraining Order (TRO)
Should the judge find that immediate protection is required, they will issue a temporary restraining order. This order gives you a legal shield—your abuser cannot contact or approach you during the interim period before the hearing.
The TRO is a critical safety net for those in need of help. It is a physical boundary and a psychological affirmation that you are doing things to protect yourself. However, the terms of the TRO are enforceable by law, and any violation by the restrained person can lead to their arrest.
- Serve the Abuser
Now that forms are filed and the TRO is entered, the court must notify the abuser of the order and the hearing. This process is called the service of process, and it ensures that the restrained person is entirely aware of the legal proceedings and what they must do under the TRO.
Note that you cannot serve the papers yourself. Instead, you will need to find someone over the age of 18 who is not involved in the case and who will go and deliver the documents to the abuser. It could be a friend, a family member, or a professional process server. After the papers are served, the person who performed the service must complete and file a proof of service form with the court.
- Attend the Hearing
Finally, you attend the court hearing, where the judge determines whether it will grant a long-term DVRO. This is your hearing, where you can present your case, make your evidence, and call witnesses if necessary. The abuser will also be able to reply to the allegations.
When preparing for the hearing, collect any documentation in support of your claims, including photographs, police reports, medical records, or text messages. The judge will rely on what you tell them during the hearing, so do not be scared to be clear and calm when you tell them.
What Does It Mean to Violate a Domestic Violence Restraining Order?
It is a serious offense with serious legal consequences if you violate such an order, governed by California Penal Code 273.6 PC. Disregarding the court’s directive is a blatant defiance of the legal protections created, and to violate a DVRO means that.
Violations can range from minor infractions, like unauthorized communication, to significant breaches, like intentionally coming within a prohibited distance of the protected person. The specifics do not matter; all violations are treated with gravity because they detract from the court’s authority and jeopardize the victim’s safety.
Violation of a DVRO is usually considered a misdemeanor crime under Penal Code 273.6 PC, punishable by fines, jail time, or both. Repeated violations or those involving violence can become felony charges.
What The Prosecution Must Prove
For the court to convict you of violating a DVRO, the prosecution must establish specific elements of the crime beyond a reasonable doubt. These include:
- A judge issued a lawful DVRO
- You knew about the court order
- You were fully capable of obeying the DVRO
- You intentionally and willfully violated the DVRO
Penalties for Violating a Domestic Violence Restraining Order
If found guilty of a Penal Code 273.6 violation, you could face the following consequences:
For a first-time violation without aggravating factors, the offense is usually charged as a misdemeanor. It can lead to imprisonment in a county jail for up to one year, a fine of up to $1,000, or both.
Nevertheless, if the violation includes violence, threats, or injury, or if you have previous convictions for similar offenses, the charge can become a felony. Felony penalties may consist of prison for up to three years and fines up to $10,000.
The court may impose other conditions beyond incarceration and fines. These can range from mandatory participation in counseling programs to community service or payments to domestic violence shelters. When deciding on fines or restitution, the court will consider how much you can afford to pay.
Legal Defenses to a DVRO Violation
Your defense attorney could use the following legal defenses to fight your charges if accused of violating a DVRO.
You Were Falsely Accused
False accusations are not rare in domestic disputes and may result in serious legal consequences. If you think the claims against you are untrue, you can take that to court. You must prove the false accusation by showing that the alleged violation did not occur. That could be testimony, alibi evidence, or other documentation showing that you did not violate the restraining order.
Your lawyer could question the accuser’s credibility and will look for inconsistencies in their statements or even for motives to make false claims.
You Did Not Intend to Violate the DVRO
In many cases, violations are not done maliciously. Perhaps you accidentally contacted the protected individual, communicated with the protected individual, or inadvertently breached the order because you misunderstood its terms. You could defend yourself by proving there was no intent to violate the restraining order.
It may lessen the situation if you show that you did not intend to break the law and that the violation was an honest mistake. For example, if you did not know that the person you were restraining was at a place you were visiting, you could argue that it was accidental. In this case, you would focus on the lack of intent to violate the protective order.
A Judge Did Not Legally Issue The DVRO
Sometimes, restraining orders are not given legal grounds or are issued based on wrong information. The violation charge can be dismissed if you establish it was not legally valid.
If you challenge the validity of a restraining order, you will have to examine the circumstances under which it was issued. That may include looking at the restraining order application, the evidence presented to the court, and the judge’s ruling.
If the order was granted on a procedural basis or out of evidence or legal justification, you could argue that the order was invalid and, thus, could not be violated.
Find a Domestic Violence Restraining Order Attorney Near Me
It is easy for the legal implications to overwhelm you if you are accused of violating a DVRO. Regardless of which side of the restraining order you are on, the process needs specific legal guidance. You may risk your future, reputation, and safety; securing legal assistance is paramount.
Domestic violence cases are severe, and at the Law Offices of Anna R. Yum, we know how they can affect your life. We are committed to ensuring your rights are protected. Having handled domestic violence matters in San Diego for many years, we offer strategic representation that fits your circumstances. Call us today at 619-493-3461 for a private consultation to start dealing with your legal issues.
