At Neinas Smolina APC, we understand the courage it takes to speak out and seek protection. Our experienced San Diego domestic violence attorneys will guide you through every step of obtaining a domestic violence restraining order with compassion and daily support.
Likewise, if you are falsely accused of domestic violence you did not commit, and if your spouse is pushing for the restraining order to gain an upper hand in the divorce process, we will help you defend against false allegations.
Restraining orders have life-changing consequences beyond just stay-away orders. They affect child custody decisions, eliminate spousal support eligibility, and can result in criminal charges for violations. Experienced legal representation ensures critical evidence reaches the court and protects your rights. Without an expert attorney, you risk missing key defenses or failing to present your case effectively—mistakes that can impact your family and finances for years to come.
This Page Will Help You Understand:
- California domestic violence restraining order types and requirements
- Emergency protective orders and temporary relief
- The step-by-step DVRO process in San Diego County
- Child custody and support in DV cases
- Your rights and safety resources
- How to defend against a DVRO
Understanding the law empowers you to speak up and break free from abuse. California’s Domestic Violence Prevention Act has protections in place and provides immediate emergency orders as well as temporary and permanent restraining orders. There are no court fees associated with domestic violence cases.
Get immediate help with your restraining order. Call our San Diego domestic violence attorneys at (619) 517-2821.
Common Concerns for San Diego Domestic Violence Victims
You may worry that without visible injuries or police reports, no one will take your situation seriously. Many people fear they’ll lose their children or be forced from their home if they seek help. The thought of retaliation from your abuser can feel overwhelming, especially when you’re unsure how the legal system works or what it might cost.
Often, victims of violence hesitate to seek protection because they’ve heard about mutual restraining orders that restrict both parties, or they’re uncertain whether their situation legally qualifies as “abuse.” You might wonder if emotional manipulation, financial control, threats, or unwanted contact without physical violence are enough to get protection.
Under the Domestic Violence Prevention Act (DVPA) in California, “abuse” is defined broadly to include various forms of harmful conduct, not limited to physical injury. The purpose of the DVPA is to prevent acts of domestic violence, abuse, and sexual abuse, and to provide a period of separation for individuals involved to address the causes of violence.
Courts don’t require police reports or evidence of physical abuse only to grant a temporary restraining order. The law is designed to protect you, not create additional barriers when you’re seeking safety.
California’s Domestic Violence Laws and Requirements
The Domestic Violence Prevention Act (DVPA) can be found in California Family Code §§6200-6460, which govern all aspects of restraining orders and related protections.
Types of Qualifying Relationships
You can seek a DVRO if the person threatening or harming you falls within specific relationship categories defined by California law. Protected relationships include current or former spouses, someone you’re dating or dated, a current or former cohabitant (someone you live or lived with), the other parent of your child, or a family member within the second degree—including parents, children, siblings, grandparents, grandchildren, or in-laws.
Definition of Abuse Under California Law
California family law’s definition of abuse encompasses far more than physical violence. California recognizes abuse as any behavior that could be enjoined under Family Code §6320, including physical assault or injury, sexual assault, threats that create reasonable fear of imminent harm, stalking, harassment, destroying personal property, or disturbing your peace through conduct that serves no legitimate purpose, emotional and psychological abuse creating a pattern of control or fear.
No Residency Requirements
Unlike many legal proceedings, DVROs have no residency requirements. You can file in any California county where you live, where the abuser lives, or where the abuse occurred. This flexibility ensures that victims can seek protection wherever they feel safest, without geographic barriers limiting access to courts.
Duration and Renewal
DVROs can be issued for up to five years. If the judge doesn’t specify an expiration date, orders automatically last three years. Before your order expires, you can apply for a renewal, and the judge may extend your DVRO for another five years or permanently if they find that you have reasonable apprehension of future harm. The court will consider three factors to determine reasonable apprehension, including the facts that led to the DVRO issuance, any changed circumstances, and the burden on the restrained party. You are not required to show new acts of violence.
Criminal Consequences and 2024 Reforms
Violating a DVRO is a crime under Penal Code §273.6, punishable by fines up to $1,000 and jail time up to one year. Recent 2024 reforms through AB 2024 and AB 2308 have significantly strengthened protections for victims of domestic violence. The courts cannot reject properly completed applications, must conduct comprehensive background checks on respondents, and clerks must process all filings promptly. These changes remove bureaucratic barriers that previously delayed protection.
Obtaining DVRO in San Diego County
Obtaining a domestic violence restraining order in San Diego follows a structured process designed to provide both immediate and long-term protection. Understanding each step helps you prepare effectively and ensures you get the protection you need as quickly as possible.
Step 1: File the Request
Start by completing Form DV-100 (Request for Domestic Violence Restraining Order) and related forms. List all family members and children you want protected. You can download the DVRO packet and all forms from the San Diego Superior Court’s website. It is important to include a statement detailing as many instances of abuse as you can remember, and attach evidence of abuse.
Your request will typically be granted or denied on the same day, and the court will set a hearing on it within 21 days. If it is granted, you will be issued a temporary order protecting you. San Diego County’s four Family Court locations—downtown, Vista, El Cajon, and Chula Vista—all process DVRO requests with equal priority. You will need to file at the court of your residence.
Step 2: Obtain Temporary Orders
In San Diego County, you do not need to notify the other party about your request for DVRO. During your initial hearing, the judge reviews your request without notifying the abuser. This ex parte process ensures your safety isn’t compromised. If the judge finds reasonable proof of abuse or credible threats, they’ll issue temporary restraining orders effective immediately.
These temporary orders provide the same protections as permanent orders: stay-away requirements, no-contact provisions, and potentially temporary custody orders. Protection begins the moment the judge signs the order and continues until your final hearing.
Step 3: Serve the Respondent
California law requires personal service of all documents on the respondent, including your request, evidence you submitted, temporary orders, and notice of the next hearing date. A third party who is over 18 years old must effectuate service. San Diego County Sheriff’s Department will serve your DVTRO for you if you bring the temporary order and your request to the sheriffs. You’ll need to serve the respondent at least 5 days before the date of the hearing, and file a proof of service (Forms DV-200) before the hearing, confirming the respondent received notice.
Step 4: Attend the Hearing
Your hearing typically occurs within 21 days of filing. Both parties can present evidence, call witnesses, and make arguments. You’ll need to prove abuse occurred by testifying and by introducing documents, photos, messages, and other evidence you provided within your request. You can also bring witnesses and question the opposing party. The respondent is entitled to a one-time continuance, so your first hearing may get continued. At the final hearing, the judge will take testimony and evidence from both parties and will decide whether to grant or deny the DVRO. The judge can issue a restraining order lasting up to five years.
Step 5: Enforce and Maintain Orders
Once granted, your DVRO is valid and enforceable statewide. Law enforcement must enforce it immediately, and violations carry criminal penalties. Before expiration, you can file a request for renewal. The Court will set a hearing on your request.
For true emergencies, police can help you obtain Emergency Protective Orders to allow you time to file your DVRO request.
Start your restraining order process today. Call our experienced San Diego domestic violence attorneys at (619) 517-2821.
Critical Factors Courts Consider in San Diego DV Cases
When evaluating domestic violence restraining order requests, judges weigh specific factors mandated by California law. Understanding these considerations helps you prepare your case effectively and know what to expect during hearings.
Evidence Requirements
Courts apply a preponderance of evidence standard for DVROs. This means that you must prove that it is more likely than not that abuse occured. This standard is significantly lower than criminal cases’ “beyond reasonable doubt” requirement. Judges will consider your sworn testimony and evidence, including written declarations, text messages, emails, photos, medical records, and witness testimonies. The key is showing the judge why you reasonably fear for your safety based on past abuse or credible threats.
Child Safety and Custody Considerations
When children are involved, their safety becomes the court’s primary concern. Under Family Code §3011, judges must consider any history of abuse when making custody decisions. DVROs can include temporary custody orders that survive even after the restraining order expires, ensuring long-term protection for children. Courts may order supervised visitation or exchange protocols to maintain children’s relationships with both parents while ensuring safety.
Property and Financial Relief
Beyond personal protection, courts can issue comprehensive orders addressing practical needs:
- Exclusive use and possession of shared residence
- Temporary spousal and child support
- Payment of housing costs and debts
- Attorney fee awards to prevailing victims
These orders recognize that financial control often accompanies domestic violence, and victims need economic stability to maintain safety.
Special Considerations
California family law creates specific presumptions in DV cases. Under Family Code §4325, convicted abusers face a rebuttable presumption against receiving spousal support from their victims. For emergencies, police can request Emergency Protective Orders lasting up to five business days, bridging protection until you can file a formal DVRO. If a DVRO was issued against a parent, it will affect that parent’s time with their children. Under Family Code §3044, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.
Your Rights and Protections in San Diego
California law provides multiple layers of protection for domestic violence victims, from immediate emergency relief to long-term safety planning. Knowing all your options will empower you to create a comprehensive safety plan tailored to your situation.
Start your restraining order process today. Call our experienced San Diego domestic violence attorneys at (619) 517-2821.
Immediate Safety Resources
When you’re in danger, protection can begin immediately. Emergency Protective Orders (EPOs) are available 24/7 through law enforcement, lasting up to five business days while you arrange longer-term protection. San Diego’s Safe Haven shelters provide confidential emergency housing, and the Family Justice Center offers same-day safety planning services. You don’t have to wait for business hours or appointments when your safety is at risk.
Long-Term Legal Protections
Beyond emergency relief, California offers long-term protection:
- Restraining orders lasting up to five years (you can request a renewal, and the court will set a hearing on your request)
- Move-away rights allowing relocation with children when necessary for safety
- Custody modifications prioritizing safety
- Criminal protective orders through any parallel criminal proceedings
These protections work together, creating multiple barriers between you and your abuser.
Financial and Property Rights
Courts can order exclusive use of shared property, temporary spousal and child support, payment of debts and living expenses, and attorney fee awards. California’s Safe at Home program provides address confidentiality, allowing you to maintain employment and benefits while keeping your location private.
San Diego County offers extensive support through the Family Justice Center, legal aid organizations, and specialized DV units within law enforcement. These resources provide everything from emergency assistance to long-term advocacy, recognizing that true safety requires more than just court orders.
Get the help and protection you need today. Call (619) 517-2821 for a confidential consultation.
Defending Against False Domestic Violence Accusations
Sometimes, false accusations emerge during contentious divorces as tactics to gain custody advantages or control marital assets. If you’re facing unfounded domestic violence allegations, the stakes couldn’t be higher.
Life-Altering Consequences of a DVRO
A restraining order can force you from your home, even if you own it. Many orders severely limit access to your children, often restricting you to supervised visitation when the court finds safety concerns. If convicted of domestic violence within five years, California Family Code §4325 creates a rebuttable presumption against receiving spousal support—though this can be challenged with proper evidence. You’ll lose your gun rights while the order is active, and professional licenses may face suspension or revocation, especially in fields requiring moral character assessments.
Criminal Consequences and Background Checks
Any willful violation of a restraining order—even seemingly minor contact—constitutes a criminal offense punishable by jail time and fines. While accidental encounters aren’t prosecuted, the line between accidental and willful can blur without proper legal guidance. These orders may appear on background checks, particularly if violations lead to criminal convictions, potentially affecting employment opportunities for years.
Building Your Defense Strategy
Defending against false allegations requires strategic preparation. We help you gather evidence that contradicts the accusations: text messages revealing different relationship dynamics, witnesses who can testify about your accuser’s motives, documentation challenging alleged incidents, and proof that rebuts claims of violence or threats. California courts must consider evidence from both sides, but presenting it effectively requires navigating complex evidence rules.
Why Experience Matters in DVRO Defense
Self-representation against domestic violence allegations rarely succeeds. Emotional testimony often appears compelling, even when false. Our attorneys know how to professionally expose inconsistencies, present counter-evidence within legal guidelines, and protect your parental rights while defending your reputation. We understand both sides of these cases, ensuring fair treatment whether you’re seeking protection or defending against accusations.
Protect your rights and defend your reputation today. Call (619) 517-2821 for a confidential consultation.
Take Action to Be Safe
Acting quickly helps establish the legal foundation for your long-term safety. Every detail matters when documenting acts of abuse and securing evidence that supports your case.
Key takeaways from this guide:
- Broad definition of abuse under DVPA, including threats, stalking, and emotional and financial abuse
- Emergency orders are available immediately through the police or courts
- Long-term protection up to 5 years, which may be renewed
Your family’s safety is the priority, and California’s legal system provides powerful tools to support that goal. Start documenting incidents now, including dates, times, and specifics of abuse. Save messages, take photos of injuries or property damage, and identify potential witnesses. This preparation strengthens your case and will help your attorney secure the best outcome for you.
Remember, you don’t need to wait for physical violence or have perfect evidence to seek help. The law recognizes that abuse escalates, and early intervention often prevents tragedy.
Don’t wait for the violence to escalate. Call Neinas Smolina APC at (619) 517-2821 today.
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Common Questions About Domestic Violence Orders
Do I need a police report to get a restraining order? No, you don’t need a police report or arrest to obtain a DVRO. California courts accept sworn testimony and declarations as evidence. While police reports can strengthen your case, many abuse survivors get temporary restraining orders based solely on their own statements and other evidence like texts or photos.
What if the abuse wasn’t physical? Non-physical abuse absolutely qualifies for protection. California law recognizes threats, stalking, harassment, destroying property, and disturbing your peace as forms of domestic violence. Emotional abuse that creates reasonable fear is valid grounds for a restraining order.
Can I get emergency protection today? Yes. If you’re in immediate danger, police can request an Emergency Protective Order (EPO) 24/7 that takes effect immediately. During court hours, judges can issue temporary restraining orders the same day you file, providing instant protection until your hearing.
Will I lose custody of my children? Seeking protection typically strengthens your custody position. Courts prioritize children’s safety, and taking action to protect yourself and your children from abuse demonstrates responsible parenting. Domestic violence is a mandatory consideration in all custody decisions.
What happens at the restraining order hearing? At the hearing, you’ll present your evidence and testimony to the judge. The respondent can also present their side. The judge will ask questions and then decide whether to grant a long-term restraining order.
