What Happens If a Restraining Order Is Filed Against You in California?

Daniel Gramling, Esq.
20 hours ago
9 min read

If a domestic violence restraining order has been filed against you in California, you have been served with a Request for Domestic Violence Restraining Order on form DV-100, a Notice of Court Hearing on form DV-109, and usually a Temporary Restraining Order on form DV-110. The temporary order is already in effect. You must obey it now, and you have a short window to file a written response and prepare for a hearing that can affect where you live, whether you see your children, whether you can own a firearm, and how a criminal case against you will be evaluated. This article explains what happens next in the family courts of Riverside, San Bernardino, Los Angeles, and Orange Counties, and what a restrained party should do in the days after being served.

What a Temporary Restraining Order Means Right Now

The DV-110 is a temporary order issued under the Domestic Violence Prevention Act, which begins at Family Code section 6200. Judges issue it based only on the other party's sworn DV-100 without hearing from you, as Family Code section 6300 permits. The standard for the temporary order is low: the court needs reasonable proof of a past act of abuse. That is why a temporary order is not a finding that you did anything wrong. It is a placeholder until the hearing.

A temporary order can include the personal conduct and stay-away provisions authorized by Family Code section 6320, a move-out order under Family Code section 6321, temporary custody and visitation orders under Family Code section 6323, and orders about pets, property, and phone numbers. Read every box on the DV-110. If the order says no contact, that means no texts, no social media messages, no messages passed through friends, and no "just checking on the kids" phone calls unless the order specifically allows peaceful contact for custody exchanges.

Violating a temporary order is a crime under Penal Code section 273.6, and it is the single most common way restrained parties turn a defensible DVRO case into a permanent order plus a criminal charge. Judges at the Riverside Family Law Courthouse and the San Bernardino Justice Center see the pattern constantly: a person who might have won the hearing sends an angry text the night after being served, and the protected party brings a screenshot to court.

The Firearms Order Is Immediate

Every DVRO, temporary or permanent, prohibits the restrained person from owning or possessing firearms and ammunition under Family Code section 6389. The restrained party must turn in, sell, or store any firearms within a short period after service and file proof with the court on form DV-800. Possessing a firearm while subject to the order is a separate crime under Penal Code section 29825. Do not wait until the hearing to deal with this. Judges routinely ask the restrained party on the record whether the firearms have been surrendered, and an evasive answer damages credibility on everything else.

How to Respond to a Restraining Order: The DV-120

The written response is form DV-120, Response to Request for Domestic Violence Restraining Order. It is your opportunity to tell the judge, under penalty of perjury, what actually happened. Under Family Code section 6300 the protected party must prove abuse by a preponderance of the evidence at the hearing, and a well-organized DV-120 is often what shifts the judge's view before anyone testifies. Attach a declaration on form MC-030 if you need more space, and attach your exhibits separately, not pasted into the declaration.

Timing matters. The DV-120 must be filed and served before the hearing, and the hearing date on the DV-109 is often only three weeks after the request was filed. Service on the protected party is typically done by mail through a third party, with proof filed on form DV-250. Because deadlines and service rules can be affected by local practice and by how you were served, check the DV-109 and the court's website, and do not rely on the last day.

Answer the allegations specifically. If the DV-100 says you grabbed the other party's arm on a specific date, do not write "everything she says is a lie." Explain where you were, who else was present, what was said, and what evidence shows it. Judges notice the difference between a response that engages with the facts and a response that only attacks the accuser.

What Counts as Abuse Under California Law

Many restrained parties are surprised to learn that "abuse" does not require a physical injury. Family Code section 6203 defines abuse to include intentionally or recklessly causing bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury, and any behavior that can be enjoined under Family Code section 6320. That last category is broad. It includes harassing, stalking, threatening, disturbing the peace of the other party, and destroying personal property.

"Disturbing the peace" has been interpreted expansively. In In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483, the Court of Appeal held that accessing and disclosing a former spouse's private emails could constitute abuse under the DVPA. The Legislature later amended Family Code section 6320 to define disturbing the peace as conduct that destroys the mental or emotional calm of the other party, and to include coercive control such as isolating a partner, controlling finances, or monitoring their movements. This means the hearing may focus on text messages, social media posts, and financial conduct rather than physical acts, and your response must address that evidence.

The DVPA applies only between people with a qualifying relationship listed in Family Code section 6211: spouses and former spouses, cohabitants, people who are dating or formerly dated, co-parents, and close relatives. If the person who filed against you does not fit those categories, the proper vehicle would be a civil harassment order under Code of Civil Procedure section 527.6, which has a higher burden of proof, and the DVRO request should be challenged on that basis.

What Happens at the DVRO Hearing

The hearing takes place in a family law department, for example at the Riverside Family Law Courthouse, the San Bernardino Justice Center, the Stanley Mosk Courthouse in Los Angeles, or the Lamoreaux Justice Center in Orange. Both parties can testify, present witnesses, and offer exhibits. The Court of Appeal held in Ross v. Figueroa (2006) 139 Cal.App.4th 856 that the restrained party has a due process right to present evidence and cross-examine, so the judge cannot simply read the papers and rule without allowing you to be heard. That said, DVRO calendars are crowded, and judges often limit each side to a short presentation. Preparation determines whether your limited minutes are used well.

The judge decides whether the protected party proved a past act of abuse by a preponderance of the evidence. If so, the judge may issue a restraining order after hearing on form DV-130 for up to five years under Family Code section 6345, and the order can later be renewed permanently. Under the rule in Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140, the court can issue an order based on non-violent conduct such as persistent unwanted contact after being told to stop. The judge cannot issue mutual restraining orders against both parties unless both filed requests and the court makes detailed findings under Family Code section 6305 that each acted primarily as an aggressor and neither acted primarily in self-defense.

Continuances are common. Family Code section 245 gives the restrained party the right to one continuance as a matter of course to prepare a response, and the temporary order stays in effect during the continuance. Requesting that continuance is often the right move for a restrained party who was served days before the hearing and has not gathered evidence or counsel.

How a Restraining Order Affects Custody and the Divorce

The consequences of a DVRO after hearing reach far beyond the stay-away order. Family Code section 3044 creates a rebuttable presumption that it is not in the child's best interest to award sole or joint custody to a parent who has been found to have committed domestic violence within the past five years. A DVRO after hearing is such a finding. Overcoming the presumption requires the restrained parent to show, among other things, that custody is in the child's best interest and that the parent completed a batterer's intervention program if ordered. A parent in Fontana, Moreno Valley, or Pomona who agrees to a restraining order "just to make it go away" often does not realize that they have also agreed to a custody presumption against them.

The DVRO also affects support. Family Code section 4325 creates a rebuttable presumption against awarding spousal support to a spouse convicted of domestic violence against the other spouse, and Family Code section 4320 directs the court to consider documented domestic violence when setting support. A finding of abuse can also support an award of attorney fees against the restrained party under Family Code section 6344.

If There Is Also a Criminal Case

Many DVRO requests are filed shortly after an arrest. If you are facing charges under Penal Code section 273.5 or Penal Code section 243, anything you write in the DV-120 or say at the family court hearing can be used by the prosecutor. The family court hearing usually happens before the criminal case is resolved, which creates a real dilemma: testify and risk the criminal case, or stay silent and risk the restraining order. There is no single right answer. A lawyer who handles both family law and criminal defense can evaluate whether to request a continuance of the DVRO hearing, whether to testify on limited topics, or whether a negotiated resolution of the restraining order without findings of abuse is available. Do not make that decision alone.

Should You Agree to a Restraining Order to Avoid the Hearing?

Sometimes the protected party will offer to resolve the case by stipulation. The terms matter enormously. An agreement to a DVRO after hearing with a finding of abuse triggers the custody presumption, the firearms prohibition, and a CLETS entry that law enforcement can see. By contrast, some cases resolve with a civil restraining order without a DVPA finding, a mutual stay-away agreement in the divorce, or a dismissal of the request in exchange for agreed custody terms. Before agreeing to anything, understand what findings the judge will make and what the order will say on the DV-130. A restrained party in Ontario, Rancho Cucamonga, or Long Beach who signs a stipulation without reading the findings section may spend years dealing with the consequences.

Frequently Asked Questions

What should I do first after being served with a DVRO in California?

Read the DV-110 and DV-109 completely, obey every term immediately, surrender any firearms and file the DV-800, and calendar the hearing date. Then gather evidence such as texts, emails, photos, witness names, and location records, and begin preparing the DV-120 response. Do not contact the protected party, even through others, unless the order expressly permits it.

How long do I have to respond to a restraining order?

The DV-120 must be filed and served before the hearing listed on the DV-109, which is often set roughly three weeks after the request. Because service and local rules affect the exact timing, check the notice and the court's website and file as early as possible. If you cannot prepare in time, Family Code section 245 entitles you to one continuance.

Can a temporary restraining order be dismissed before the hearing?

The judge generally decides the request at the hearing rather than dismissing it early on the restrained party's motion. The protected party can withdraw the request, and the parties can also reach a stipulated resolution. Otherwise, the way to end the temporary order is to prevail at the hearing.

Will a restraining order show up on my record?

A DVRO issued after hearing is entered into the California Law Enforcement Telecommunications System under Family Code section 6380 and is visible to law enforcement. It is a civil order, not a criminal conviction, but it can appear in some background checks and it affects firearm rights, custody, and immigration in some situations. Violating it is a crime under Penal Code section 273.6.

Can I see my kids while a temporary restraining order is in place?

Only if the DV-110 includes custody and visitation orders that allow it, or if a separate custody order permits contact for exchanges. If the temporary order is silent or prohibits contact, you should ask the court for visitation orders through the DV-120 and, if needed, a separate request, rather than arranging contact informally.

Do I need a lawyer to fight a restraining order?

You are not required to have one, but the hearing involves the rules of evidence, cross-examination, and consequences under Family Code section 3044 that follow you into the custody case. Limited-scope representation for the DVRO hearing alone is available and is often a cost-effective way to have counsel for the part of the case that matters most.

Get Help With a DVRO Filed Against You in Southern California

Gramling Law Group represents restrained parties at DVRO hearings across the Inland Empire, Los Angeles County, Orange County, and Southern California, including Riverside, San Bernardino, Corona, Temecula, Victorville, Pasadena, and Santa Ana. Because the firm handles both family law and criminal defense, we can coordinate the DVRO response with any related criminal matter. We offer flat-fee and limited-scope options for restraining order hearings. Call (909) 654-4575 or contact us through this website to schedule a consultation.

This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.

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