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Quick Answer
If you or your children are in danger, California offers protective orders (restraining orders) to provide legal safety. California offers domestic violence restraining orders (DVRO) that can be issued the same day in emergencies. They can include stay-away orders, custody orders, and property control. Your safety always comes first.
Understanding protective orders & safety in California is one of the most important steps in your divorce preparation. This guide covers what California law requires, what to expect, and how to prepare — in plain language, not legalese.
Section · 01
California offers several types of protective orders: Emergency Protective Orders (EPO) issued by law enforcement on the scene, lasting up to 7 days; Temporary Restraining Orders (TRO) lasting up to 25 days until a hearing; and Domestic Violence Restraining Orders (DVRO) lasting up to 5 years after a hearing. A DVRO can include stay-away orders, move-out orders, custody and visitation orders, and property control orders.
Section · 02
To get a DVRO in California: go to your local Superior Court, fill out the required forms (DV-100 series), file them with the clerk, and request a temporary restraining order. The court can grant a TRO the same day. A hearing for a longer-term order is typically set within 21-25 days. You do not need an attorney to file, and there are no filing fees for domestic violence protective orders in California.
Section · 03
A protective order can significantly affect your divorce proceedings. In California, a DVRO can establish temporary custody, child support, and property control orders that remain in effect during the divorce. A finding of domestic violence also creates a rebuttable presumption against awarding custody to the abusive parent under Family Code Section 3044. Document all incidents thoroughly — DIVORSAY's Evidence Vault provides a secure, timestamped record.
Section · 04
Your safety is the most important priority. If you are in immediate danger, call 911. Additional resources include: the National Domestic Violence Hotline at 1-800-799-7233 (available 24/7), the Crisis Text Line (text HOME to 741741), and the California Partnership to End Domestic Violence (cpedv.org). Develop a safety plan that includes: a safe place to go, important documents stored securely (Evidence Vault can help), an emergency bag packed, and trusted people who know your situation. You don't have to navigate this alone.
What Makes California Different
California offers three levels of protection: Emergency Protective Orders (EPOs, issued by police, 7 days), Temporary Restraining Orders (TROs, 25 days), and Domestic Violence Restraining Orders (DVROs, up to 5 years, renewable). This tiered system provides immediate protection.
FAQ
An Emergency Protective Order (EPO) can be issued by law enforcement on the scene, effective immediately for up to 7 days. A Temporary Restraining Order (TRO) can be granted the same day you file with the court, lasting up to 25 days until the hearing. Your safety should never wait.
No. You can file for a protective order without an attorney, and there are no filing fees for domestic violence orders in California. California courts have self-help centers that can assist you with the paperwork. Legal aid organizations like the California courts' self-help website provide step-by-step instructions. While an attorney isn't required, having legal support can help ensure the order is as comprehensive as possible.
A California DVRO can order the restrained person to: stay away from you, your home, workplace, and children's schools; move out of a shared home; have no contact (in person, phone, email, or through others); follow temporary custody and visitation orders; pay temporary child or spousal support; and surrender firearms.
Yes, significantly. California Family Code Section 3044 creates a rebuttable presumption that awarding custody to a parent who committed domestic violence is detrimental to the child. The abusive parent must overcome this presumption with clear evidence. Documenting incidents in Evidence Vault creates a clear record for custody proceedings.
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Notice
This is legal information, not legal advice. We’re here to help you understand your landscape — but for guidance specific to your situation, talk to a family law attorney in California. You deserve someone in your corner.