Los Angeles Domestic Violence Restraining Order: How Power Trial Lawyers Won a Two-Year DVRO and Sole Custody at Trial

In October 2026, Power Trial Lawyers founder Matthew Barhoma tried a contested Los Angeles domestic violence restraining order case to a full evidentiary hearing and won on every front. After live testimony from both parties and cross-examination of the respondent, the Los Angeles County Superior Court found our client met her burden of proof, issued a two-year Domestic Violence Restraining Order (DVRO), awarded her sole legal and sole physical custody of her young child, and restricted the respondent to limited, professionally monitored visitation.

This post walks through how that trial unfolded and what it means for anyone searching for a Los Angeles domestic violence restraining order lawyer, whether you need protection or you have just been served. It covers the DVRO process in Los Angeles County, how a restraining order affects child custody under Family Code section 3044, what to do in the first 24 hours after being served, and how an experienced trial attorney changes the outcome. Our client’s identity and all identifying case details have been withheld to protect her privacy.

The win at a glance

• Contested DVRO hearing in Los Angeles County family court, tried in a single day
• Petitioner’s direct examination conducted by Matthew Barhoma; respondent cross-examined by Matthew Barhoma
• Court found petitioner met her burden under the Domestic Violence Prevention Act
• Two-year Restraining Order After Hearing (Judicial Council form DV-130) issued
• Sole legal and sole physical custody awarded to our client (form DV-140)
• Respondent limited to professionally supervised in-person visits twice a month at a public location, with 100 percent of monitor fees paid by the respondent
• Additional orders: no-contact, 100-yard stay-away, move-out from the family residence, firearm prohibition, no travel with the child outside Los Angeles County or California without written permission, and a court-ordered 52-week batterer intervention program

Case background: a contested DVRO inside a Los Angeles family law case

Our client, a mother in Los Angeles County, came to Power Trial Lawyers seeking a domestic violence restraining order against her husband, the father of her young child. The request was filed within a larger family law matter, which meant the restraining order hearing would also decide, at least for now, where the child would live and who would make decisions for the child.

The respondent contested the request. He filed his own written response, appeared at the hearing, and disputed our client’s account. He chose to represent himself.

That combination, a contested request, a self-represented opposing party, and custody of a young child on the line, is one of the most common and most consequential scenarios in Los Angeles family court. A temporary restraining order (TRO) can be granted on paper. A long-term order after hearing has to be earned through evidence.

Matthew Barhoma took the case on for the restraining order and the custody and visitation orders that go with it, and prepared it the way Power Trial Lawyers prepares every contested hearing: as a trial.

Inside the trial: how a Los Angeles domestic violence restraining order hearing actually works

Most people expect a restraining order hearing to be a short conversation with a judge. A contested DVRO hearing in Los Angeles County is a trial. Witnesses are sworn, testimony is taken, exhibits are offered and objected to, and the judge decides whether the petitioner has proven abuse by a preponderance of the evidence under the Domestic Violence Prevention Act (Family Code section 6200 and following). Here is how this one unfolded.

Preparation before the hearing

The hearing was won in the weeks before it. Power Trial Lawyers built a full trial binder for the case: an exhibit index organized by importance, a pleadings inventory tracking every statement the respondent had made in his own filings, and a written direct examination outline for our client so she knew every question that was coming and why it mattered. The respondent’s own written response was mined for admissions that could be used on cross-examination.

Direct examination of the petitioner

Matthew Barhoma conducted our client’s direct examination. The goal of direct examination in a DVRO trial is not to tell the whole story of a relationship. It is to put specific, dated, provable acts of abuse in front of the judge in the order that makes the legal standard easiest to apply. Each incident was walked through with the who, what, when, and where, tied to the documents and messages that corroborated it, and connected to the specific orders being requested: the restraining order itself, custody, and supervised visitation.

The respondent’s testimony

The respondent testified in his own defense. Because he was self-represented, the court allowed him to present his account in narrative form. This is the moment where unrepresented petitioners most often lose ground: a contested story, told confidently, can create enough doubt to defeat a restraining order if no one tests it.

Cross-examination

Matthew Barhoma cross-examined the respondent. Effective cross-examination in a restraining order case is tightly controlled. It uses leading questions, confronts the witness with his own prior statements and filings, and closes off the explanations that would otherwise let him reframe the evidence. The respondent’s written response and his testimony were held against each other, and the inconsistencies were put squarely in front of the court.

The ruling

After hearing all of the evidence, the court found that our client had met her burden of proof. The judge issued a two-year Domestic Violence Restraining Order and, in the same ruling, resolved custody and visitation in our client’s favor. The orders were signed and entered the same day.

What the court ordered

A Restraining Order After Hearing in California is issued on Judicial Council form DV-130, with custody and visitation orders on form DV-140. The orders entered for our client show the full range of protection a Los Angeles family court can provide when the evidence is there.

Every one of these orders is enforceable by any law enforcement officer in California and, under the federal Violence Against Women Act, in every state.

What is a Los Angeles domestic violence restraining order?

A domestic violence restraining order (DVRO) is a civil court order issued under California’s Domestic Violence Prevention Act (Family Code section 6200 et seq.) that protects a person from abuse by someone they have a close relationship with. In Los Angeles County, DVRO cases are heard in the family law departments of the Los Angeles Superior Court at courthouses across the county, including the Stanley Mosk Courthouse downtown, Compton, Long Beach, Pasadena, Van Nuys, Pomona, Torrance, and others.

Who can request a DVRO in California

A DVRO is available when the person you need protection from is a current or former spouse or registered domestic partner, someone you live with or lived with, someone you are dating or dated, the other parent of your child, or a close relative such as a parent, child, sibling, or in-law. If the relationship does not fit one of those categories, the correct tool may be a civil harassment restraining order (CHRO), a workplace violence restraining order, or an elder abuse restraining order instead. Choosing the wrong form can get a case dismissed before it is heard.

What counts as abuse under California law

Abuse under the Domestic Violence Prevention Act is broader than physical violence. Family Code section 6203 includes intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable fear of imminent serious bodily injury, and any behavior that could be enjoined under Family Code section 6320. Section 6320 covers harassment, threats, stalking, destroying personal property, impersonation, and disturbing the peace, which the statute defines to include coercive control: isolating someone from friends and family, controlling their money or movements, monitoring them, or forcing them to act through threats or intimidation. A DVRO case can be won on a pattern of coercive control with no physical injury at all.

The DVRO process in Los Angeles County, step by step

1. Request. The petitioner files form DV-100 (Request for Domestic Violence Restraining Order) with a declaration describing the abuse, plus DV-105 if custody orders are requested. There is no filing fee.
2. Temporary order. A judge reviews the papers, usually the same or next court day, and may issue a temporary restraining order (DV-110) without the other side present. The TRO lasts until the hearing.
3. Service. The restrained person must be personally served with the request, the TRO, and the notice of hearing. The sheriff will serve DVRO papers for free.
4. Response. The restrained person may file form DV-120 (Response) and their own declaration and evidence.
5. Hearing. Typically set 21 to 25 days after the TRO issues, and frequently continued. At the hearing, the judge takes evidence and decides whether to issue a Restraining Order After Hearing (DV-130).
6. Duration. A DVRO after hearing can last up to five years and can be renewed, in some cases permanently, before it expires.

Preponderance of the evidence

The petitioner must prove abuse by a preponderance of the evidence, meaning it is more likely than not that the abuse occurred. That is a lower bar than the criminal standard, but it is still a burden that must be carried with testimony and evidence the judge finds credible. Judges in Los Angeles family courts hear dozens of these cases a week. Credibility, organization, and specificity decide most of them.

Custody and DVRO cases: why a restraining order can decide who gets the children

For parents, the most important consequence of a Los Angeles domestic violence restraining order is often not the stay-away order. It is Family Code section 3044.

The section 3044 presumption

When a court finds that a parent has committed domestic violence against the other parent, the child, or certain other family members within the past five years, section 3044 creates a rebuttable presumption that awarding that parent sole or joint legal or physical custody is detrimental to the child’s best interest. A DVRO issued after a hearing where both sides had the chance to present evidence is exactly the kind of finding that triggers the presumption.

The presumption can be rebutted, but the restrained parent carries the burden of doing so. The court looks at whether giving that parent custody is in the child’s best interest, whether the parent has completed a batterer intervention program, any ordered substance abuse treatment or parenting class, compliance with probation or parole, compliance with the restraining order itself, and whether the parent has committed any further domestic violence. A parent who has just lost a contested DVRO hearing is almost never in a position to rebut the presumption that day.

How it played out in this case

Because our client requested custody orders alongside the restraining order, the court addressed both in a single hearing. The finding of abuse, combined with the evidence presented about the child’s safety, supported an award of sole legal and sole physical custody to our client. The respondent’s parenting time was limited to professionally monitored visits in public and brief virtual contact. The court also cut off the respondent’s access to the child’s school and medical records and barred him from taking the child out of the county or the state without written permission.

The court also ordered the respondent into a 52-week batterer intervention program. Under section 3044, completing that program is one of the factors a restrained parent must show before the custody presumption can be lifted. In practical terms, the custody orders entered at a DVRO hearing often set the baseline for the family law case for a year or more.

What this means if you are the parent requesting the order

Ask for custody and visitation orders in the restraining order request (form DV-105) rather than waiting for the family law case. Bring evidence about the child, not only about the relationship. Be prepared to propose a specific visitation plan, including supervision, because a court that is inclined to protect you will still want to know what contact, if any, is safe for the child.

What this means if you are the parent who was served

A DVRO hearing is a custody hearing. Treat it that way. The presumption under section 3044 follows you into every later custody proceeding, and the burden of overcoming it is on you. Contesting the restraining order with counsel, presenting your own evidence, and cross-examining the petitioner is the only opportunity to prevent the finding from being made in the first place.

What to do if you have been served with a domestic violence restraining order in Los Angeles

Being served with a DVRO is disorienting. The temporary order is already in effect, you may have been ordered out of your home, and the hearing date is usually only a few weeks away. What you do in the first few days matters more than almost anything you can do later.

Do immediately

1. Read the temporary order and obey every term. The TRO is a court order from the moment you are served, even if you believe the allegations are false. Violating it is a crime under Penal Code section 273.6 and is the single most damaging thing you can do before the hearing.
2. Stop all contact. No calls, texts, emails, social media messages, or messages through friends or family. Indirect contact counts. If the order allows limited contact about children, keep it brief, in writing, and strictly about the children.
3. Surrender firearms and ammunition. California law requires you to turn in, sell, or store any firearms within 24 hours of being served and file proof with the court within 48 hours. Failing to do this can result in criminal charges and will be used against you at the hearing.
4. Calendar the hearing date. It is printed on the notice. If you do not appear, the court can issue the long-term order against you by default.
5. Preserve evidence. Save texts, emails, call logs, photos, videos, and social media posts. Write down your own timeline while it is fresh. Identify witnesses.
6. Talk to a lawyer before you file anything. Your written response (form DV-120) is evidence. Anything you say in it can be used to cross-examine you. Many respondents lose their hearing because of what they volunteered in their response.

Do not

• Do not go to the protected person’s home, work, or the children’s school, even to pick up belongings. Ask law enforcement for a civil standby.
• Do not post about the case or the other party online.
• Do not assume the hearing will be short or informal. Contested hearings are trials.
• Do not agree to a restraining order “without findings” without understanding what you are giving up, especially if children are involved.

Your options at the hearing

A respondent can contest the order and go to hearing, request a continuance to prepare (which the court must grant on a first request, though the TRO stays in effect), negotiate a resolution, or in some cases agree to the order. Each option has consequences for custody, firearms rights, immigration, professional licensing, and your criminal exposure. Those consequences last years. The decision should be made with counsel.

Consequences of a DVRO after hearing in California

A Restraining Order After Hearing is entered into the California Law Enforcement Telecommunications System (CLETS) and the federal protective order database. It bars firearm possession for the life of the order. It triggers the custody presumption under Family Code section 3044. It appears in background checks run by employers, licensing boards, and landlords. For non-citizens, it can have immigration consequences. These are the stakes of the hearing.

What to do if you need a domestic violence restraining order in Los Angeles

If you are in immediate danger, call 911. Law enforcement can request an Emergency Protective Order (EPO) on the spot that lasts up to seven days and gives you time to file for a DVRO.

If you are safe for the moment and considering a restraining order, the steps below mirror what our client did, and what made her case winnable.

1. Document everything. Screenshots of threatening messages, photos of injuries or property damage, dated notes of each incident, voicemails, doorbell or security camera footage, police report numbers, medical records, and the names of anyone who saw or heard what happened. Judges respond to dates and documents, not generalizations.
2. Write a specific declaration. Your DV-100 declaration should describe the most recent incident first, then the most serious incidents, each with the date, location, what was said and done, and what happened afterward. Vague statements like “he has always been abusive” carry little weight. “On the night of the 14th he blocked the bedroom door and said he would take our daughter where I would never find her” carries a great deal.
3. Ask for every order you need. Stay-away distances, move-out, no-contact, protection for your children, custody and visitation orders (DV-105), control of the residence, and firearm relinquishment. The court cannot grant what you do not request.
4. Get the respondent served properly. The hearing cannot go forward without proof of service. The Los Angeles County Sheriff serves DVRO papers at no charge.
5. Prepare to testify. The temporary order was granted on paper. The long-term order will be granted, or denied, on your testimony and your ability to hold up under cross-examination. This is where representation matters most.

A request for a domestic violence restraining order has no filing fee in California, and the DVRO process is designed so that a person can file on their own. But a contested hearing against a respondent who denies everything is a different matter. Our client’s case was won because every incident she described was tied to a document, a message, or a witness, and because the respondent’s story was tested under cross-examination instead of being left to stand.

How a Los Angeles domestic violence restraining order lawyer changes the outcome

The Judicial Council forms are free and the self-help centers are helpful. What they cannot do is try your case. In a contested DVRO hearing, a lawyer does the following.

Builds the evidence into a case

Most people arrive with hundreds of text messages and no way to present them. A trial lawyer selects the exhibits that prove the elements the judge has to find, organizes them so the judge can follow them, and gets them admitted over objection. At Power Trial Lawyers, every contested hearing gets a trial binder with a tiered exhibit index and a pleadings inventory that tracks every admission in the other side’s filings.

Prepares the client to testify

Our client walked into the courtroom with a written direct examination outline she had reviewed in advance. She knew the order the incidents would come in, which exhibit went with each one, and what the respondent was likely to say. Preparation is what separates a credible witness from a nervous one.

Cross-examines the other side

Cross-examination is where contested restraining order hearings are won and lost, and it is the skill that self-represented parties almost never have. Matthew Barhoma is a trial lawyer first. His practice spans domestic violence restraining orders, civil harassment restraining orders, criminal defense, and post-conviction litigation, and the cross-examination techniques are the same in every courtroom: control the witness, confront him with his own words, and leave the judge with the inconsistency rather than the explanation.

Handles custody at the same hearing

A lawyer who understands both the Domestic Violence Prevention Act and Family Code section 3044 can secure custody, visitation, supervision, records, and travel orders in the same ruling, instead of leaving those questions for a later hearing where the other side has had time to regroup.

Protects the record

Restraining order rulings can be appealed and the orders can be modified or renewed. A lawyer makes the objections, requests the findings, and builds the record that protects the result.

Defends respondents with the same tools

Power Trial Lawyers also defends people who have been served with restraining orders throughout Los Angeles, Orange, Riverside, and San Bernardino counties. The same trial preparation, cross-examination, and knowledge of the custody presumption that won this case for a petitioner is what prevents an unfounded order from being entered against a respondent.

Frequently asked questions about Los Angeles domestic violence restraining orders

How long does a domestic violence restraining order last in California?

A temporary restraining order lasts until the hearing, usually about three weeks, and can be extended if the hearing is continued. A Restraining Order After Hearing can last up to five years. Before it expires, the protected person can ask the court to renew it for another five years or permanently, and does not have to prove new abuse to do so.

Can I get a restraining order without physical violence?

Yes. California’s definition of abuse includes threats, harassment, stalking, and disturbing the peace, which expressly includes coercive control. Many DVROs in Los Angeles are granted on evidence of threats, surveillance, isolation, and financial control with no physical injury.

Does a DVRO affect child custody?

Yes, significantly. Under Family Code section 3044, a finding of domestic violence creates a rebuttable presumption against awarding custody to the restrained parent. Courts also routinely order supervised visitation, restrict travel with the children, and cut off the restrained parent’s access to school and medical records, as happened in this case.

What is the difference between a DVRO and a civil harassment restraining order?

A DVRO requires a qualifying relationship: spouse, partner, co-parent, cohabitant, or close relative. A civil harassment restraining order (CHRO) covers everyone else, such as neighbors, coworkers, and acquaintances, and requires a higher standard of proof (clear and convincing evidence). A DVRO can include custody and move-out orders; a CHRO cannot.

What happens at a DVRO hearing in Los Angeles?

Both parties appear before a family law judge. The petitioner testifies and presents evidence. The respondent may testify, present evidence, and cross-examine. The judge rules on whether abuse was proven by a preponderance of the evidence and, if so, what orders to make. Contested hearings can take a few hours or be set for a longer trial.

Can a restraining order be granted if the respondent does not show up?

Yes. If the respondent was properly served and does not appear, the court can issue the long-term order based on the petitioner’s evidence alone.

How much does a Los Angeles domestic violence restraining order lawyer cost?

There is no court filing fee for a DVRO. Attorney fees vary with the complexity of the case, whether custody is contested, and how much hearing time is needed. Power Trial Lawyers offers limited-scope representation for restraining order hearings, which allows a client to retain trial counsel for the hearing itself without committing to the full family law case. The court can also order the restrained party to pay the protected party’s attorney fees under Family Code section 6344.

Can a DVRO be removed or modified?

Either party can ask the court to modify or terminate a restraining order by filing a request (form DV-300). The protected person can ask to end it at any time. A restrained person seeking to terminate the order must show a change in circumstances and that the order is no longer needed.

Do I need a lawyer to get a restraining order in Los Angeles?

No, but a contested hearing is a trial, and the outcome often turns on examination and cross-examination of witnesses. If the other side is disputing the allegations, if custody is at stake, or if you have been served and need to defend yourself, representation changes the odds.

Talk to a Los Angeles domestic violence restraining order lawyer

Power Trial Lawyers handles domestic violence, civil harassment, elder abuse, and workplace violence restraining orders at courthouses throughout Los Angeles County and across Southern California, on both the petitioner and respondent side. If you are looking to retain an attorney for a restraining order hearing, call (888) 808-2179 or visit our office at 835 Wilshire Blvd., Floor 5, Los Angeles, CA 90017. Hearing dates come fast. The earlier we are involved, the more we can do.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with Power Trial Lawyers or Matthew Barhoma. Case results depend on the specific facts and law of each matter, and a past result does not guarantee a similar outcome. Identifying details of the case described have been withheld to protect client confidentiality.