What Is a DVRO and How Can It Protect You?

A Domestic Violence Restraining Order (DVRO) is a powerful legal tool in California designed to protect individuals and families from abuse. Whether the abuse is physical, emotional, psychological, or financial, the purpose of a DVRO is simple: to create immediate and enforceable boundaries that safeguard survivors from further harm.

For many people, the decision to seek a restraining order comes during one of the most stressful times of their lives. That’s why it’s important to understand that DVROs are not just pieces of paper, they are court orders backed by law enforcement, giving survivors a stronger sense of safety and control.

At its core, a DVRO prioritizes safety, stability, and peace of mind. Knowing how these orders work is the first step toward regaining protection and moving forward with confidence.

What Is a DVRO?

Under California’s Domestic Violence Prevention Act (DVPA), a Domestic Violence Restraining Order (DVRO) is a court order that protects individuals from abuse or threats of abuse by someone with whom they share a close personal relationship.

Who Can Request a DVRO?

DVROs are available to people who have been harmed or threatened by:

• A spouse or ex-spouse
• Someone they currently live with or used to live with
• A person they are dating or have dated
• The parent of their child
• Close family members (such as parents, children, siblings, grandparents, or in-laws)

"In my experience, DVROs are far more likely to be granted when the survivor comes to court with detailed evidence — text messages, photos, police reports, or even witness statements. Judges want a clear picture of the abuse, and strong documentation makes it much harder for the other side to deny what happened."

— Garen Gevorkian, Family Law Attorney

Types of DVROs in California

California law provides several levels of restraining orders to ensure immediate and ongoing protection for survivors of abuse. These orders are designed to build upon one another, offering safety from the moment of crisis through longer-term solutions.

1. Emergency Protective Order (EPO)

• Requested by law enforcement and issued by a judge, usually over the phone.
• Can be granted 24/7 in urgent situations where immediate protection is needed.
• Typically lasts 5 to 7 days, giving the survivor time to seek a longer-term order through the courts.

2. Temporary Restraining Order (TRO)

• Issued by a family court judge after a survivor files a petition.
• Provides protection while waiting for the court hearing.
• Usually lasts 20 to 25 days, ensuring there is no gap in protection between the emergency order and the full court hearing.

3. Permanent DVRO

• Granted only after a court hearing where both sides can present evidence.
• If approved, a permanent DVRO can last up to 5 years and may be renewed before expiration.
• Offers long-term protection, often including orders about custody, visitation, financial support, and property control.

How These Stages Work Together

The process is designed to provide continuous protection:

• EPO ensures immediate safety in emergencies.
• TRO bridges the gap while waiting for a formal hearing.
• Permanent DVRO establishes long-lasting safeguards to help survivors move forward with confidence and security.

Protections a DVRO Can Provide

A Domestic Violence Restraining Order (DVRO) is more than just a “no-contact” order. It offers a wide range of protections designed to keep survivors and their families safe, while also stabilizing their day-to-day lives. Depending on the situation, a DVRO may include:

• No Contact / Stay-Away Orders
  The restrained person may be prohibited from contacting you directly or indirectly, and ordered to stay a set distance away from your home, workplace, school, or other important locations.
• Exclusive Use of Shared Residence
  Even if both names are on the lease or mortgage, a DVRO can grant you exclusive use of the home, requiring the abusive party to move out.
• Temporary Custody and Visitation Restrictions
  Courts can issue temporary orders regarding child custody and visitation to ensure the safety and well-being of children.
• Orders About Pets, Property, and Firearms
  Protection extends to pets and shared property. The restrained person may also be required to surrender firearms to law enforcement.
• Financial Protections
  Temporary orders may assign responsibility for bills, debts, or even provide temporary spousal or child support to ensure financial stability.

"In my experience, victims seeking Domestic Violence Restraining Orders (DVROs) often find that the temporary orders issued alongside the restraining order are not only necessary, but profoundly impactful in preserving their health, safety, and overall well-being during an incredibly vulnerable time. Most commonly, survivors find significant protection in temporary financial support orders, which help ensure that basic needs can be met without having to rely on the restrained party or forcing communication with the perpetrator. Additionally, orders granting exclusive use and possession of the shared residence are often critical, as they allow the protected party to remain safely housed while avoiding further confrontation or intimidation."

— Ashley Bell, Family Law Attorney

These protections work together to create a comprehensive safety net, helping survivors not only feel safer but also maintain stability while longer-term legal matters are addressed.

How to Obtain a DVRO (Step-by-Step)

When safety is at risk, the DVRO process is designed to move quickly. Below is a clear roadmap of what typically happens and what a survivor should expect.

1. Emergency response (if you are in immediate danger)

If you are in danger right now, call 911. Law enforcement can take immediate steps to protect you, including arresting a suspect if probable cause exists. In urgent situations police can request an Emergency Protective Order (EPO) from a judge to provide immediate short-term protection while you pursue longer-term court orders.

2. File the restraining order petition

If the situation is not an immediate emergency but you need protection, you (or an attorney) file a restraining-order petition with the family or superior court. The petition describes the abuse and requests specific orders (no-contact, stay-away, exclusive residence, temporary custody/support, surrender of firearms, etc.). Courts use standardized forms for domestic violence restraining orders, these are available at the courthouse and on court websites.

3. Request temporary (ex parte) protection

When you file, you can ask for temporary protection (often called a Temporary Restraining Order or TRO) that stays in effect until the full court hearing. Judges can grant TROs quickly, sometimes without the other side present, if the petitioner shows immediate risk.

4. Serve the respondent

The person you’re seeking protection from (the respondent) must be formally served with copies of the petition, any TRO, and a notice of the court hearing. Proper service is critical: typical methods include personal service by the sheriff or a licensed process server, or in some cases mail with an acknowledgment of receipt. If the respondent can’t be located after reasonable effort, the court may allow alternative service (e.g., service by publication), but that takes longer.

5. Prepare for the hearing

The court sets a hearing (often within a few weeks). You should gather and organize evidence. If you can, bring witnesses or written witness declarations. Plan for safety, many courts offer separate waiting areas or security for petitioners. If you feel unsafe attending, tell your attorney or the court.

6. The court hearing

At the hearing both sides may present evidence and witnesses. The judge decides whether to issue a longer-term (permanent) DVRO. If granted, the order can include the range of protections discussed earlier and will typically be effective immediately after the respondent is served with the granted order. A “permanent” DVRO in California can last up to five years and is renewable.

7. After the hearing: service, enforcement & next steps

Once the judge issues an order, the respondent must be served with the signed order. If the respondent violates the order, call 911, violations are criminal acts and law enforcement can arrest and cite the violator. You can also request modifications, renewals, or additional relief later if circumstances change.

How a DVRO Impacts Divorce & Custody

When a Domestic Violence Restraining Order (DVRO) is in place, it doesn’t just provide immediate protection, it can also have a major impact on divorce and custody proceedings in California. Courts take findings of domestic violence very seriously, and the law sets strict guidelines to protect survivors and children.

Child Custody Presumption

• Under California Family Code § 3044, if a parent has committed domestic violence within the last five years, the court presumes that awarding custody to that parent is not in the best interest of the child.
• This presumption isn’t absolute, but it places a heavy burden on the abusive parent to prove why custody or visitation should be allowed.
• Practically, this means survivors often have stronger standing to secure primary custody or supervised visitation orders to keep children safe.

Spousal Support Restrictions

• Domestic violence convictions can limit or even bar a spouse’s ability to receive support (alimony).
• For example, if a higher-earning spouse is convicted of abuse, courts are far less likely to order the survivor to pay spousal support.
• This rule reflects California’s public policy: survivors should not be forced to financially support the person who abused them.

Influence on Broader Divorce Proceedings

• DVROs can shape property division, living arrangements, and case dynamics.
  
  • A survivor may receive exclusive use of the family home.
  • Courts may view financial abuse as part of the property division process.
  • The overall pace and tone of the divorce may shift, with more court oversight to ensure fairness and safety.
• In many cases, the presence of a DVRO sets the stage for a more structured, court-driven divorce process, rather than informal negotiation.

Life After a DVRO Is Granted

Securing a Domestic Violence Restraining Order (DVRO) is a critical step toward safety, but it’s also important to understand what comes next. A DVRO provides ongoing protection, and survivors should know how it works in the long term.

Enforcement of the Order

• Once a DVRO is granted, it has the full force of law.
• If the restrained person violates any part of the order, whether by contacting you, showing up at your home, or interfering with custody arrangements, they may face serious legal consequences, including arrest, fines, or jail time.
• Survivors should keep a copy of the order on hand and contact law enforcement immediately if violations occur.

Renewing a DVRO

• Permanent DVROs in California can last up to five years.
• Before the expiration date, survivors can request a renewal if they still feel at risk.
• Importantly, a renewal can be granted without new incidents of abuse, the court can extend protection based on the survivor’s ongoing need for safety.

"In my experience, most clients want to request a DVRO renewal because they feel safe knowing that they have a court-ordered layer of protection between them and the restrained party. Sometimes a client will not seek a renewal because there has been a cooling-off period and the parties are no longer living together or because the existence of the DVRO impacts the restrained party's ability to work, but I have found this to be the exception and not the norm."

— Nicole You, Family Law Attorney

Emotional and Legal Support

• Life after a DVRO often brings relief but can also be overwhelming. Survivors may still face challenges related to co-parenting, financial stability, or emotional recovery.
• Counseling, survivor support groups, and advocacy organizations can provide healing resources.
• An experienced family law attorney remains an essential partner, helping ensure custody, support, and divorce proceedings continue to prioritize safety.

Conclusion

A Domestic Violence Restraining Order (DVRO) is one of the most powerful legal tools available to protect survivors and their families. It provides immediate safety, sets clear boundaries, and can shape the outcome of divorce and custody proceedings.

While the process may feel overwhelming, you don’t have to face it alone. Skilled family law attorneys can guide you through every step, filing, gathering evidence, presenting your case, and ensuring your rights and safety remain protected.

If you need protection from domestic violence, don’t wait. Contact Cage & Miles today. Our experienced attorneys will help you file for a DVRO and safeguard your safety and peace of mind.