How California Handles Domestic Violence Restraining Orders & Vigorous Defense Strategies
Understanding DVROs in California
A Domestic Violence Restraining Order (DVRO) is one of the most serious orders issued by a California family court. It can protect victims from abuse—but it can also drastically impact the accused’s life, reputation, and parental rights.
At The Wright Legal Team, APC, we handle both sides of these highly sensitive cases—helping victims obtain immediate protection and defending individuals who have been falsely accused. Our approach combines precision, discretion, and a deep understanding of California’s family law system.
1. What Qualifies as “Domestic Violence” in California
Under California Family Code §6200 et seq., domestic violence includes more than physical abuse. It may also involve:
Verbal threats or harassment
Emotional or psychological manipulation
Stalking or controlling behavior
Financial abuse or isolation
Destruction of personal property
Threats made through digital communication (texts, social media, or email)
You do not need visible injuries for a judge to issue a restraining order. The courts look for a pattern of conduct that instills fear or control.
2. The DVRO Process: Step by Step
a. Filing for a Temporary Restraining Order (TRO)
A victim (or their attorney) can request a temporary order by filing Form DV-100 with the court. Judges often grant these orders same-day, without the other party present.
b. Service & Notice
The restrained person must be formally served with the TRO and notice of the upcoming hearing.
c. The Hearing
Usually within 21 days, both parties appear before the judge. Each side presents testimony, witnesses, and evidence (texts, photos, videos, or police reports).
d. The Final DVRO
If granted, the final order can last up to five years—and includes provisions about contact, residence exclusion, custody, firearms, and even financial support.
3. The High Stakes of a DVRO
A DVRO can have life-changing consequences. It may:
Limit or eliminate child custody and visitation rights
Restrict access to your home or business
Require you to surrender firearms
Appear on background checks affecting employment or professional licenses
Lead to criminal charges if violated
Because of these lasting implications, it’s crucial to have an experienced legal team on your side—whether you’re seeking or defending a restraining order.
4. Vigorous Defense Strategies for the Wrongfully Accused
False or exaggerated domestic violence allegations can—and do—happen.
At The Wright Legal Team, our defense approach focuses on facts, evidence, and fairness:
Challenging credibility: We expose inconsistencies between written declarations, texts, and testimony.
Securing digital evidence: Messages, social media, and call logs often tell a very different story.
Presenting corroborating witnesses: Friends, neighbors, or coworkers can provide critical context.
Emphasizing motive: We highlight ulterior motives, such as custody leverage or retaliation.
Cross-examining with precision: Effective questioning can reveal emotional manipulation or fabrication.
Our goal: ensure the judge sees the complete truth, not just the allegations.
5. For Victims: How to Build a Strong Case for Protection
If you’re seeking a DVRO for your safety, preparation matters just as much. We help clients:
Document every incident (dates, messages, screenshots)
Collect witness statements or police reports
Prepare for testimony without re-traumatization
Request additional protections (like child custody and support orders)
A well-documented and emotionally grounded presentation often leads to faster, stronger protection orders.
6. How DVROs Affect Custody and Family Law Cases
Judges consider domestic violence findings when making decisions about custody, visitation, and child support.
A granted DVRO can:
Create a rebuttable presumption against joint custody
Limit visitation to supervised or therapeutic settings
Influence spousal support and property division outcomes
That’s why handling your DVRO strategically—whether you’re a petitioner or respondent—can impact every other aspect of your family law case.
7. Why Choose The Wright Legal Team, APC
Our attorneys combine courtroom experience, compassion, and tactical strategy in every DVRO case.
We understand both sides:
Victims who need immediate and lasting protection, and
Respondents whose reputations and rights are at stake.
With offices in Ontario, San Jose, and San Diego, we serve clients across California with a concierge-level approach—keeping you informed, prepared, and protected every step of the way.
Takeaway: Protect Your Future, Not Just Your Present
A Domestic Violence Restraining Order can alter your family, your rights, and your future. Whether you’re seeking one or fighting to defend against one, you don’t have to face it alone.
Need protection—or defense—under a California DVRO?
Contact The Wright Legal Team, APC today for a confidential consultation.
951-462-2813 | wrightlitigation.com - Book an appointment