Being served with a Domestic Violence Restraining Order (DVRO) petition in California can have immediate consequences. Depending on the orders requested or already issued temporarily, you may face restrictions on contact, residence, firearms, and interactions with your children.
A DVRO can also affect related family-law proceedings, particularly child custody. If you receive DVRO papers, understanding what the court has ordered and responding properly is important.
Read the Temporary Orders Carefully
A person seeking a DVRO can ask the court for temporary protection before the full hearing. The judge may grant some requested orders, deny others, or wait until the hearing to decide.
Read every page you receive. Determine when the hearing will occur and whether temporary orders restrict you from contacting the protected person, entering particular locations, or taking other actions.
Even if you believe the allegations are false, follow the temporary orders while they remain in effect. Violating a restraining order can create additional legal problems.
Understand What the Petitioner Is Alleging
Review the petition closely and identify each incident the petitioner claims occurred.
California domestic violence law is not limited to allegations of physical injury. Depending on the circumstances, allegations involving threats, harassment, stalking, destroying property, disturbing the peace, or other conduct can potentially support a request for protection.
Your response should therefore address the actual allegations rather than focusing only on whether physical violence occurred.
File a Written Response
A person responding to a DVRO request can generally use Form DV-120, Response to Request for Domestic Violence Restraining Order.
The response gives you an opportunity to tell the court whether you agree or disagree with the orders requested and to provide your side of the dispute.
Pay close attention to the filing and service requirements. Do not personally serve documents on the protected person if doing so would violate an order or applicable service rules.
Preserve Evidence That Supports Your Position
Evidence can be especially important when the parties give conflicting accounts of what happened.
Depending on the allegations, potentially useful evidence may include:
- Text messages, emails, and relevant social-media communications
- Photographs, videos, or other recordings that were lawfully obtained
- Police reports or medical records
- Witnesses with firsthand knowledge
- Calendars or records establishing where you were
- Communications providing context for the incidents described in the petition
Preserve original records where possible. Avoid deleting messages simply because they appear embarrassing or unfavorable; missing communications can create additional questions about context.
Be Careful About Contacting the Petitioner
Don’t attempt to “clear things up” directly if a temporary order prohibits contact.
That includes communications that may seem harmless. Depending on the order, calls, texts, social-media messages, or attempts to communicate through another person could create problems.
If practical issues involving children, property, or another shared responsibility need to be addressed, determine what communication the existing order actually permits.
Prepare for the Hearing
The hearing is your opportunity to respond to the evidence and present relevant evidence of your own.
Before appearing, organize documents chronologically and identify the allegations that need to be addressed. If witnesses have relevant firsthand knowledge, determine whether their testimony may be appropriate.
Focus on facts rather than turning the hearing into a broader argument about everything that went wrong in the relationship.
A judge generally needs evidence relevant to whether domestic violence occurred and whether the requested protective orders are legally appropriate.
What Happens If a DVRO Is Granted?
After the hearing, the court may deny the request or issue restraining orders. Depending on the circumstances, orders can address personal conduct, stay-away requirements, residence, custody and visitation, property, and other matters authorized by California law.
Why Legal Guidance Matters
DVRO cases can move quickly while affecting several parts of a family-law case at once. Statements made during the restraining-order proceeding may also become relevant to custody or other disputes.
Men’s Legal Center can help men in California understand the allegations against them, prepare a response, organize relevant evidence, and address the potential family-law consequences of a requested restraining order.