General Domestic Violence Restraining Order Information
DVRO Basics
What is a Domestic Violence Restraining Order?
A Domestic Violence Restraining Order (DVRO) is a legal order issued by a court in California to protect individuals from abuse or threats of abuse. In California, individuals who have experienced domestic violence, or whose minor child has, at the hands of a current or former intimate partner, immediate family member, or household member, are eligible to file for a DVRO.
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A California judge may grant a request for a DVRO if the person requesting the restraining order can prove that they or their minor children have been abused by the other party.
Family Code section 6203 defines "abuse" as it relates to domestic violence:
“(a) For purposes of this act, “abuse” means any of the following:
(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
(b) Abuse is not limited to the actual infliction of physical injury or assault.”
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Additionally, Family Code section 6320(c)(1-5) also helps define "abuse" by outlining the circumstances under which a court may issue an emergency temporary restraining order (aka., an "ex parte" order):
“(c) ...This conduct includes, but is not limited to, coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty... [including]:
(1) Isolating the other party from friends, relatives, or other sources of support.
(2) Depriving the other party of basic necessities.
(3) Controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services.
(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.
(5) Engaging in reproductive coercion...”
(Click the hyperlinks above to read the full text)
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Click here to review the California Judicial Council’s DVRO Information Sheet (form DV-500-INFO), which includes DVRO eligibility information and answers frequently asked questions about California restraining orders.
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If you want to ask the court to change or end an active domestic violence restraining order after hearing and have moved to another county within California, you must file a Request for Order (RFO) with the court that originally issued the restraining order requesting a change of venue. This ensures that the court with the original jurisdiction over your case maintains consistency in handling the proceedings.
If traveling to the original county for court appearances poses significant difficulties due to distance or other practical concerns, you may request to transfer your case to a more convenient location closer to your new residence. You can petition for a change of venue under the California Code of Civil Procedure section 397, which allows for venue changes for reasons of convenience, necessity, or the interests of justice.
Note: While our services are designed to assist self-represented litigants in navigating California's legal system, please note that U Do It Legal currently does not offer services for individuals residing out of state or seeking to transfer cases out of California. For such cases, consulting with a qualified legal professional is crucial to understand the procedural requirements and ensure ongoing protection under the law.
How to Request a DVRO (Basic Steps)
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Request a DV Restraining Order
You must file (submit) the necessary paperwork to ask the court for a DVRO. The judge will decide whether you need a “temporary” restraining order right away, which can offer protection in the time leading up to the hearing on your request for a “permanent” restraining order (aka., a DVRO).
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Serve the Other Party
The person you want protection from must be served with (given) copies of the papers you filed with the court according to CA’s laws governing proper service of process. You must submit a Proof of Service to the court afterwards.
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Attend the Court Hearing
You will tell the judge why you need a DVRO, and the other party will have the chance to present their side. Both parties can bring witnesses and evidence in support of (or in opposition to) your requested orders.
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Complete Your Case
The judge may grant or deny a “permanent” restraining order, which can offer protection for up to 5 years. Protected parties can ask the court to renew an order within 3 months of its expiration for an additional 5 years or indefinitely.
Key Terms
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Family Code section 6203 states,
(a) “…that the following abusive behaviors constitute domestic violence:
(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
(b) Abuse is not limited to the actual infliction of physical injury or assault.
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Coercive control is a form of abuse recognized under California’s domestic violence laws. It refers to a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty.
Examples of coercive control listed in Family Code § 6320(c) include:
Isolating the person from family, friends, or support;
Controlling their daily activities, communication, movement, or finances;
Threatening or intimidating them into doing things they have the right not to do;
Using threats related to immigration status;
Reproductive coercion, such as interfering with contraception or pressuring pregnancy decisions.
Coercive control does not have to involve physical violence to qualify as abuse under California law.
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In the context of DVROs, “disturbing the peace” means conduct that destroys the other person’s mental or emotional calm. It can include actions that are direct or indirect, and may be carried out in person or through technology (such as calls, texts, or social media).
Under Family Code § 6320(a), disturbing the peace includes:
“…conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly… including through the use of a third party… and by any method or through any means…”
It may involve harassment, intimidation, threats, or repeated unwanted contact—even if there’s no physical harm.
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A Temporary Restraining Order (TRO) is a short-term protective order that a judge may grant based on your request (DV-100) without a full hearing. It typically lasts until the court date, usually around 21–25 days. (Family Code § 6320(a))
A Permanent Restraining Order (also called a DVRO or “Restraining Order After Hearing” (ROAH)) is issued after a court hearing. If granted, it can last up to five years and be renewed. (Family Code § 6345(a))
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The Protected Party is the person asking the court for protection — the survivor of abuse. This can include not only the person filing the request but also children or other household members.
The Restrained Party is the person whom the restraining order is filed against — the individual accused of abuse or threatening behavior.
These roles are defined in the Judicial Council’s restraining order forms (e.g., DV-100, DV-110) and used throughout court documents to clarify which party the order protects and which it restrains.
Roadmap to California DVRO Proceedings
This video provides an overview of the general steps and processes related to filing a Request for Domestic Violence Restraining Order (DVRO) in the state of California, as well as resource referrals to notable safety-planning tools for parties seeking protection under the restraining order.
Key California DVRO Statutes (Laws)
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Family Code sections 6203 and 6320 define what counts as "abuse" for the purposes of requesting a Domestic Violence Restraining Order (DVRO). Abuse under California law is broader than just physical violence — it includes behaviors like making threats, harassing, stalking, disturbing someone's peace, and destroying personal property.
Family Code section 6203(a): "For purposes of this act, 'abuse' means any of the following:
(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320."
Family Code section 6320: Conduct That May Be Restrained (Including Disturbing the Peace and Coercive Control)
Family Code section 6320 describes the types of behaviors the court can prohibit through a Domestic Violence Restraining Order. This includes not only physical violence and threats but also disturbing the protected party’s peace — including patterns of coercive control that affect a person’s emotional well-being, free will, or liberty. Abuse can be committed directly or indirectly, even through third parties or using electronic communications."(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by any means, including, but not limited to, by mail or telephone, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.
For purposes of this subdivision, "disturbing the peace of the other party" refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This conduct includes, but is not limited to, coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:
(1) Isolating the other party from friends, relatives, or other sources of support.
(2) Depriving the other party of basic necessities.
(3) Controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services.
(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.
(5) Engaging in reproductive coercion, which consists of control over the reproductive autonomy of another through force, threat of force, or intimidation, and may include, but is not limited to, unreasonably pressuring the other party to become pregnant, deliberately interfering with contraception use or access to reproductive health information, or using coercive tactics to control, or attempt to control, pregnancy outcomes."
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Family Code section 6211 defines the categories of individuals who may seek protection for abuse/domestic violence:
- A spouse or former spouse
- A cohabitant or former cohabitant
- A person with whom the respondent is having or has had a dating or engagement relationship
- A person with whom the respondent has had a child
- A child of a party
In other words, a person is considered a victim of domestic violence in California if the person who abused them is someone they are or were married to, dated, lived with (as more than just roommates), share a child with, or are closely related to by blood or marriage.
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Family Code section 6321 states that the court has the power to restrain or exclude a party from the family dwelling, the dwelling of the other party, the common dwelling of both parties, or the dwelling of the person who has care, custody, and control of a child, regardless of who has the legal title/who is on the lease.
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Family Code section 6323 outlines provisions regarding temporary custody in domestic violence proceedings, in which the court may issue no-contact and no-visitation orders in its temporary domestic violence restraining order.
Some of the orders we can help you request or oppose in a DV Restraining Order case include:
Order to Not Abuse
Orders stopping the restrained party from abusing the protected party. This can also apply to additional protected parties, such as children and roommates.
Child Support Order
Court-ordered payments, typically made by a noncustodial parent to the other parent for support of their minor child or children.
No-Contact Order
Orders prohibiting the restrained party from contacting the protected party in any way, which includes talking to, calling, or sending the protected party any messages, directly or indirectly (in person, online, or through third parties)
Spousal or Domestic Partner Support Order
Court-ordered recurring payments from one spouse (or registered domestic partner) to the other to maintain the marital standard of living.
Stay-Away Order
Orders prohibiting the restrained person from coming within a certain specified distance away (like 50 or 100 yards) from the protected party or parties and any protected locations such as their home, workplace, school, vehicle, etc.
Child Custody and Visitation Order
Orders outlining how parenting time, rights, and responsibilities are shared between parents over their minor children.
