Can I Get Custody or Visitation Orders Through a DVRO in California?

Yes—California’s Domestic Violence Prevention Act allows a protected parent to ask for child custody and visitation orders as part of their Domestic Violence Restraining Order (DVRO) request.

When you file form DV-100, you can check the box asking the court to make custody and visitation orders. If you do, you’ll also need to complete form DV-105 (Request for Child Custody and Visitation Orders) and DV-140 (Proposed Custody and Visitation Order). These forms allow you to explain your parenting schedule, safety concerns, and what orders you're asking the court to make.

The court’s primary concern is the child’s safety and well-being. If the other parent has committed domestic violence, the law presumes that granting them custody would not be in the child’s best interest (Family Code § 3044). However, the judge may allow supervised visitation or place conditions on the other parent’s time with the child.

Custody and visitation orders made in a DVRO case have the same legal force as those issued in divorce or parentage cases—and can last as long as the restraining order itself (up to 5 years).