Domestic Violence Restraining Order Defense Attorney | DVRO Lawyer California

Facing a Domestic Violence Restraining Order? Fight Back with Experienced DVRO Defense

Every day in California, hundreds of domestic violence restraining orders (DVROs) are filed in family courts across Los Angeles, Orange County, San Diego, and throughout Southern California. According to research published in the Factors Influencing the Use of Domestic Violence Restraining Orders in Los Angeles study, California maintains approximately 880 restraining orders for every 100,000 adults—and 84% to 92% of these are domestic violence restraining orders.

Behind these statistics are real people whose lives hang in the balance. If you’ve been served with a domestic violence restraining order, or if your intimate partner is threatening to file one against you, you’re facing consequences that could devastate every aspect of your existence. A DVRO can force you from your home, separate you from your children, eliminate your gun rights, destroy your career prospects, trigger immigration deportation, and create a permanent record that follows you for life.

But here’s what you need to know: A domestic violence restraining order is NOT a criminal conviction, and you have the absolute right to fight it. With an experienced DVRO defense attorney on your side, you can win.

Power Trial Lawyers is Southern California’s premier domestic violence restraining order defense law firm. Our attorneys are former prosecutors who have defended hundreds of clients against DVROs in Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, and Ventura County. We know how DVROs work, we know how to expose false allegations, and we know how to protect your rights.

Don’t face this alone. Call Power Trial Lawyers at 888-808-2179 for a free, confidential consultation. We’re available 24/7 to help you fight back.

What is a Domestic Violence Restraining Order (DVRO)?

A domestic violence restraining order is a civil court order issued under California Family Code Section 6200-6409 designed to protect individuals from abuse by someone with whom they have (or had) an intimate relationship. Unlike criminal protective orders issued as part of criminal cases, DVROs are requested by the alleged victim directly through family court.

Legal Definition of Domestic Violence in California

Under California Family Code Section 6203, “domestic violence” is defined as abuse perpetrated against:

• A spouse or former spouse
• A domestic partner or former domestic partner
• A cohabitant or former cohabitant
• A person with whom you have had a dating or engagement relationship
• A person with whom you have had a child
• A child of a party
• Any other person related by consanguinity or affinity within the second degree (parents, children, siblings, grandparents, in-laws)

“Abuse” for purposes of a DVRO includes:

• Physical abuse – Intentionally or recklessly causing or attempting to cause bodily injury
• Sexual abuse – Sexual assault or battery
• Emotional/psychological abuse – Behavior that could be enjoined under Code of Civil Procedure Section 527.6 (harassment, threats, stalking)
• Coercive control – A pattern of behavior that unreasonably interferes with a person’s free will and personal liberty (added by AB 2218 in 2021)
• Destroying personal property
• Disturbing the peace of the other party

The Burden of Proof for DVROs

Unlike criminal cases that require proof “beyond a reasonable doubt,” domestic violence restraining orders require proof by only a “preponderance of the evidence”—meaning it’s more likely true than not (essentially 51% certainty). This significantly lower burden of proof is one reason why temporary DVROs are granted in the vast majority of cases, even when based on weak or questionable evidence.

Who Can File a Domestic Violence Restraining Order?

DVROs are specifically limited to people who have (or had) certain intimate or family relationships with you. According to California Family Code Section 6211, a DVRO can be filed by:

Current or Former Intimate Partners:

• Current spouse or domestic partner
• Former spouse or former domestic partner
• Current boyfriend/girlfriend or person you’re dating
• Former boyfriend/girlfriend or person you used to date
• Person with whom you’ve had an engagement or dating relationship
• Person you’re living with or used to live with (cohabitant)

Family Members:

• Parent
• Child
• Sibling (brother or sister)
• Grandparent
• In-laws (parent-in-law, child-in-law, sibling-in-law)
• Any other person related by consanguinity or affinity within the second degree

Parent of Your Child:

• Even if you never married or lived together, if you share a child, either parent can seek a DVRO against the other

Important Note: Children age 12 or older can file for DVROs on their own without parental consent. For minors under 18 living with a parent or guardian, a copy of the restraining order must be sent to at least one parent unless the judge determines it’s not in the minor’s best interest.

Who CANNOT File a DVRO?

If your relationship doesn’t fit into one of the categories above, the person cannot file a domestic violence restraining order against you. They would need to file a civil harassment restraining order instead. Common examples of relationships that don’t qualify for DVROs:

• Neighbors
• Roommates who aren’t in an intimate relationship
• Co-workers
• Friends
• Acquaintances
• Strangers

What Can a Domestic Violence Restraining Order Do to You?

Domestic violence restraining orders in California can include some of the most severe and life-altering restrictions of any civil court order. Understanding exactly what a DVRO can order is critical to understanding why you must fight it.

Stay-Away and No-Contact Orders

The most common DVRO provision orders you to:

• Stay at least 100 yards away from the protected person (distance can vary)
• Not contact the protected person in any way:
  • No phone calls, text messages, or voicemails
  • No emails or social media messages
  • No letters or written communications
  • No contact through third parties
  • No indirect contact of any kind

Critical Point: “No contact” means NO CONTACT. Even if the protected person contacts you first, even if they ask you to violate the order, even if they say they want to get back together—you MUST NOT respond or you will be arrested for violating the restraining order under Penal Code Section 273.6.

Stay-Away from Locations

A DVRO can order you to stay away from specific locations, including:

• The protected person’s home
• The protected person’s workplace
• The protected person’s vehicle
• Children’s schools and daycare centers
• Places the protected person regularly goes (gym, church, favorite restaurants)
• Anywhere the protected person happens to be

This means if you accidentally encounter the protected person in public, YOU must immediately leave the area, even if you were there first.

Move-Out Orders (Residence Exclusion)

One of the most devastating provisions of a DVRO is a move-out order. The court can order you to move out of your home immediately—even if:

• Your name is on the lease or deed
• You’ve lived there for years
• You have nowhere else to go
• You pay all the rent or mortgage

In Los Angeles, Orange County, and throughout Southern California’s expensive housing market, a move-out order can create instant homelessness and financial catastrophe. You may have as little as 24 hours to vacate.

Loss of Child Custody and Visitation Rights

If you and the protected person share children, a DVRO can include temporary emergency child custody orders that:

• Give sole legal and physical custody to the other parent
• Eliminate your parenting time entirely
• Restrict you to supervised visitation only (which you must pay for)
• Prevent you from being present during custody exchanges
• Prohibit you from going to your children’s schools
• Keep you from making educational or medical decisions

These temporary custody orders can last the entire duration of the DVRO—up to 5 years—and can heavily influence permanent custody determinations in family court.

Family law judges in Los Angeles Superior Court, Orange County Superior Court, and throughout California consider DVROs extremely seriously when making custody decisions. Even if the DVRO is based on false allegations, the damage to your parental rights may be difficult to undo.

Mandatory Surrender of ALL Firearms, Ammunition, and Magazines

Under California Penal Code Section 29825, when a DVRO is issued against you, you MUST:

• Surrender all firearms, ammunition, and magazines within 24 hours
• Sell your firearms to a licensed firearms dealer or store them with law enforcement
• Not purchase, own, or possess any firearms while the order is in effect
• File proof of surrender or sale with the court

This applies to ALL firearms you own, even:

• Firearms registered to you before the relationship existed
• Antique or collectible firearms
• Hunting rifles and shotguns
• Firearms used for work (if you’re in law enforcement or private security)

Violating firearm restrictions is a felony under Penal Code 29825, punishable by up to 3 years in state prison.

Even after the DVRO expires, federal law may prohibit you from owning firearms for life if you were convicted of a domestic violence misdemeanor. This is separate from the DVRO itself.

Payment of Spousal or Child Support

A DVRO can include orders for:

• Temporary spousal support (alimony)
• Child support
• Payment of debts on jointly-owned property
• Payment of the protected person’s attorney fees
• Reimbursement for medical expenses, property damage, or lost wages caused by alleged abuse

Mandatory Domestic Violence Programs

The court can order you to:

• Complete a 52-week batterer’s intervention program approved by the probation department
• Attend anger management classes
• Complete parenting classes
• Undergo drug or alcohol testing and treatment
• Participate in mental health counseling

These programs typically cost $50-75 per week and require weekly attendance for an entire year.

Property and Financial Orders

A DVRO can order:

• Temporary possession of property (vehicles, electronics, etc.)
• Exclusive use and possession of property you own jointly
• Payment of debts on property awarded to the protected person
• Transfer of wireless telephone accounts
• Prevention of cashing, borrowing against, or disposing of mutual assets

Other Provisions

DVROs may also:

• Order you to complete community service
• Prohibit you from having animals or pets
• Order you to give the protected person records or property
• Include protections for family members or household members

The Devastating Consequences of a Domestic Violence Restraining Order

Beyond the immediate restrictions, a DVRO can devastate your life in ways that last for years:

Criminal Record Impact

While a DVRO is a civil order, not a criminal conviction, it is entered into the California Law Enforcement Telecommunications System (CLETS), a statewide database accessible to every police officer in California. This means:

• Every time you interact with police (even a traffic stop), they will immediately see the DVRO
• You will be treated with suspicion and as a potential danger
• Any violation—even accidental—can result in immediate arrest

Additionally, DVROs appear on background checks for:

• Employment (most employers conduct background checks)
• Housing applications (landlords often reject applicants with DVROs)
• Professional licenses (attorneys, doctors, nurses, teachers, contractors, etc.)
• Immigration proceedings (green cards, citizenship, visa renewals)
• Child custody evaluations in family court
• Firearm purchase attempts

Employment Consequences

A DVRO on your record can:

• Cost you your current job (many employers have morality clauses or safety policies)
• Prevent you from getting hired (background checks reveal DVROs)
• End your career if you work in law enforcement, security, education, healthcare, or any licensed profession
• Disqualify you from positions requiring security clearances
• Make it impossible to work in certain industries

In Southern California’s competitive job markets in Los Angeles, Orange County, and San Diego, a DVRO puts you at a severe disadvantage compared to other candidates.

Immigration Consequences

For non-U.S. citizens living in California, a DVRO can trigger catastrophic immigration consequences:

• Denial of green card applications or renewals
• Denial of citizenship applications (DVROs indicate “bad moral character”)
• Visa revocation
• Deportation proceedings
• Inadmissibility to the United States
• Inability to sponsor family members for immigration

Immigration judges and USCIS officers view domestic violence restraining orders as evidence of abuse, which can make you deportable under the Immigration and Nationality Act.

Professional License Implications

California requires many licensed professionals to report DVROs to their licensing boards, including:

• Attorneys (State Bar of California)
• Doctors and nurses (Medical Board of California, Board of Registered Nursing)
• Therapists and counselors (Board of Behavioral Sciences)
• Teachers (Commission on Teacher Credentialing)
• Real estate agents (Department of Real Estate)
• Contractors (Contractors State License Board)
• Accountants (California Board of Accountancy)

A DVRO can result in:

• License suspension or revocation
• Mandatory disclosure to clients or employers
• Professional discipline proceedings
• Inability to renew your license
• Career-ending consequences

Child Custody Impact Beyond the DVRO

Even after a DVRO expires, it continues to affect child custody:

• Family court judges give significant weight to past DVROs when making permanent custody orders
• You may be presumed unfit for custody under California Family Code Section 3044
• You must rebut the presumption by clear and convincing evidence
• Supervised visitation may continue even after the DVRO ends
• Your parental rights may be permanently damaged

Social and Reputational Harm

Beyond legal consequences, DVROs carry enormous social stigma:

• Friends and family may learn about the DVRO and assume you’re abusive
• Your reputation in the community is damaged
• Employers, landlords, and others who conduct background checks will see the DVRO
• You’re presumed guilty of domestic violence even though you’ve never been convicted of anything
• Your name and the DVRO may appear in online court records and background check websites

Financial Devastation

The financial costs of a DVRO include:

• Moving expenses if ordered to vacate your home
• Rent or mortgage on a new place plus continuing to pay for the original home
• Child support and spousal support payments
• Attorney fees (both yours and potentially the protected person’s)
• Cost of supervised visitation ($50-150 per hour)
• Cost of batterer’s intervention programs ($50-75 per week for 52 weeks = $2,600-3,900)
• Lost wages from missed work for court hearings, moving, finding new housing
• Costs associated with storing or selling firearms

The total financial impact of a DVRO often exceeds $50,000-$100,000.

Common False Allegations in DVRO Cases

Unfortunately, false allegations are extremely common in domestic violence restraining order cases. According to data from the Center for Prosecutor Integrity, approximately 8% of Americans (20 million people) report being falsely accused of domestic violence, stalking, or sex-based offenses.

Why People File False DVROs

People make false domestic violence allegations for various reasons:

1. Child Custody Advantage
The most common motive for false DVRO allegations is gaining advantage in child custody disputes. If a parent can obtain a DVRO against the other parent, they:

• Get temporary sole custody immediately
• Can eliminate or severely restrict the other parent’s time with the children
• Create a record that damages the other parent’s custody case permanently
• Establish themselves as the “protective parent”

Judges in Los Angeles County, Orange County, and throughout California understand this tactic is common, but many DVROs based on custody motives are still granted.

2. Divorce and Property Division Leverage
In divorce cases, a DVRO can provide:

• Exclusive possession of the family home
• Leverage in settlement negotiations
• Immediate financial support through temporary orders
• Attorney fee awards
• Strategic advantage in dividing community property

3. Immigration Benefits
Non-citizen spouses sometimes file DVROs to:

• Obtain a U visa (for victims of certain crimes including domestic violence)
• Self-petition for a green card without the U.S. citizen spouse’s sponsorship
• Avoid deportation by claiming abuse
• Gain legal status independently

4. Revenge and Retaliation
After relationship breakups, some people file DVROs as revenge:

• Anger over the relationship ending
• Jealousy over a new partner
• Desire to hurt the other person
• Retaliation for perceived wrongs
• Acting out of spite or malice

5. Mental Health Issues
Some false allegations stem from:

• Borderline personality disorder or other personality disorders
• Paranoia or delusional thinking
• Substance abuse affecting judgment
• Emotional instability

6. Relationship Control
Some people use DVROs as a tool to maintain control over their partner:

• Preventing the partner from leaving the relationship
• Forcing the partner to comply with demands
• Punishing the partner for asserting independence
• Manipulating the partner through fear

Common False Allegations

The most frequently alleged (but often false) claims in DVRO cases include:

Physical Violence That Never Occurred

• Claims of being hit, pushed, grabbed, or restrained
• Allegations made without any injuries, medical records, or witnesses
• Stories that change over time or contradict other evidence
• Injuries that could have been self-inflicted or caused by accidents

Exaggerated or Distorted Accounts

• Normal arguments portrayed as violent confrontations
• Mutual pushing/shoving characterized as one-sided assault
• Defensive actions mischaracterized as aggressive attacks
• Routine relationship conflicts inflated into abuse

Threats Taken Out of Context

• Statements made during arguments misrepresented as threats
• Hypothetical discussions portrayed as concrete threats
• Sarcastic or joking comments taken literally
• General statements twisted to sound threatening

“Emotional Abuse” Based on Normal Relationship Dynamics

• Disagreements about money characterized as financial control
• Wanting to spend time together characterized as isolation
• Having opinions about friends/family characterized as manipulation
• Setting relationship boundaries characterized as coercive control

“Coercive Control” Allegations

• Normal couple decision-making portrayed as controlling behavior
• Expressions of jealousy or insecurity characterized as coercive control
• Financial planning characterized as financial abuse
• Parenting disagreements characterized as controlling behavior

Property Damage Claims

• Damage caused by the accuser blamed on you
• Damage from accidents characterized as intentional destruction
• Minor property issues exaggerated into violence

How to Defend Against a Domestic Violence Restraining Order

Fighting a DVRO requires a strategic, comprehensive approach. Here’s how our domestic violence restraining order defense attorneys protect your rights:

Step 1: Immediate Response and Evidence Preservation

The moment you’re served with a DVRO petition:

• Read every word of the documents carefully
• Note the hearing date, time, and location
• DO NOT CONTACT the protected person (this will get you arrested)
• Begin documenting and preserving all evidence immediately

Critical Evidence to Preserve:

• Text messages, emails, and social media messages between you and the accuser
• Phone records showing call logs
• Photos and videos from relevant time periods
• GPS/location data from your phone or vehicle
• Financial records
• Medical records
• Any evidence showing the accuser’s motive to lie

Step 2: File a Written Response

While not required, filing a written response (Form DV-120) before the hearing is strategically beneficial:

• You can deny the allegations in writing before the hearing
• You can tell your side of the story
• You can request specific relief
• If the petitioner doesn’t show up, you may win by default

Your response should:

• Specifically deny each false allegation
• Admit any allegations that are true (lying destroys credibility)
• Explain your version of events
• Identify any ulterior motives the petitioner may have
• Request that the DVRO be denied

Important: If you have pending criminal charges or could face criminal charges related to the allegations, consult with your criminal defense attorney before filing any written response. Anything you write can potentially be used against you in criminal proceedings.

Step 3: Gather Compelling Counter-Evidence

Winning a DVRO hearing requires presenting strong evidence that contradicts the petitioner’s allegations:

Text Messages and Communications

• Messages showing friendly, non-threatening communication after alleged abuse
• Messages where the petitioner asks to see you or invites you places (contradicting fear claims)
• Messages showing the petitioner’s anger, jealousy, or threats toward you
• Messages revealing the petitioner’s motive to lie (discussing custody, immigration, money, etc.)
• Messages where the petitioner admits to lying or exaggerating

Witness Testimony

• Eyewitnesses who were present during alleged incidents and can contradict the petitioner’s version
• Character witnesses who can testify to your peaceful, non-violent nature
• Witnesses who have seen the petitioner lie, exaggerate, or behave aggressively
• Witnesses with knowledge of the petitioner’s motive (custody disputes, relationship issues, financial problems)
• Expert witnesses (in some cases) regarding false allegations, domestic violence patterns, or mental health

Photos and Videos

• Photos showing no injuries when the petitioner claims you hurt them
• Photos of your whereabouts proving you couldn’t have been where alleged
• Security camera footage, doorbell camera footage, or surveillance video
• Photos showing damage the petitioner claims you caused but was actually pre-existing or caused by them
• Videos contradicting the petitioner’s narrative

Phone and Location Records

• Cell phone records proving you were elsewhere when abuse allegedly occurred
• GPS data from your phone or vehicle establishing alibis
• Credit card or bank records showing purchases at locations incompatible with the allegations
• Work records, time sheets, or security badge records proving your whereabouts

Medical Records

• Absence of medical treatment contradicting injury claims
• Medical records showing injuries inconsistent with allegations
• Your medical records showing injuries the petitioner caused you
• Mental health records (if relevant and helpful)

Police Reports and Legal Documents

• Police reports from incidents showing inconsistencies with the DVRO petition
• Prior restraining orders the petitioner has filed against others
• Criminal history of the petitioner showing violence or dishonesty
• Family court records showing custody disputes or motives

Financial Records

• Evidence of the petitioner’s financial motive (debt, unemployment, desire for support payments)
• Records showing who pays rent/mortgage (relevant to move-out orders)
• Evidence that the petitioner wants to take your property or money

Social Media Posts

• Posts showing the petitioner partying, dating, or happy after alleged abuse
• Posts about you that show lack of fear
• Posts discussing plans to “get back at you” or gain custody
• Posts contradicting claims of emotional distress or fear

Step 4: Prepare for Cross-Examination

One of the most powerful tools in defending against a DVRO is effective cross-examination of the petitioner. Our attorneys are skilled at:

Exposing Inconsistencies

• Comparing testimony to written statements in the petition
• Highlighting changes in the story over time
• Pointing out impossibilities or implausibilities
• Demonstrating contradictions with physical evidence

Revealing Motive

• Establishing the timing of the DVRO filing (right before custody hearing, during divorce, etc.)
• Demonstrating financial or immigration benefits the petitioner gains
• Showing anger, jealousy, or revenge as motivation
• Proving the petitioner made threats to “get you” or file a restraining order

Attacking Credibility

• Revealing prior false allegations against you or others
• Demonstrating dishonesty in other contexts
• Showing bias, exaggeration, or manipulation
• Establishing a pattern of using the legal system for advantage

Step 5: Present Your Testimony and Evidence

At the DVRO hearing, you have the right to:

• Testify on your own behalf
• Present documentary evidence
• Call witnesses to support your defense
• Make legal arguments

Effective Testimony Strategy:

• Tell the truth always—lying will destroy your case
• Stay calm and respectful even under hostile questioning
• Answer only the question asked—don’t volunteer information
• Address the judge, not the petitioner
• Demonstrate you’re not a threat
• Explain any true incidents with context
• Show remorse if appropriate while maintaining your defense

Step 6: Make Compelling Legal Arguments

Beyond evidence, winning a DVRO case requires strong legal arguments:

Insufficient Evidence

• The petitioner has the burden of proof by preponderance of evidence
• Their allegations are vague, conclusory, and uncorroborated
• No witnesses, medical records, photos, or other evidence supports their claims
• Their own testimony is not credible

Conduct Doesn’t Meet Legal Definition

• The alleged behavior doesn’t constitute “abuse” under California Family Code
• Normal relationship arguments don’t qualify as domestic violence
• The conduct alleged isn’t actionable under the statute

Lack of Credibility

• The petitioner’s story has changed multiple times
• The allegations are contradicted by evidence
• The petitioner has a clear motive to lie
• The timing of the allegations is suspicious

Protected Speech or Conduct

• Your conduct was protected by the First Amendment
• You were exercising your parental rights
• You were acting in self-defense
• The conduct was mutual, not one-sided

Alternative Explanations

• The injuries were self-inflicted or accidental
• The property damage was caused by the petitioner
• The encounter was coincidental, not stalking
• The communication was necessary and appropriate

The DVRO Process in Southern California: Timeline and Procedure

Understanding the domestic violence restraining order process is critical to mounting an effective defense:

Step 1: Petition Filed (Day 0)

The petitioner files a Request for Domestic Violence Restraining Order (Form DV-100) with the court, along with:

• DV-101 (Description of Abuse)
• DV-105 (Request for Child Custody and Visitation Orders) if children are involved
• DV-108 (Request for Property Control)
• DV-109 (Notice of Court Hearing)

In Los Angeles County, petitions can be filed at:

• Stanley Mosk Courthouse (Downtown LA)
• Van Nuys Courthouse
• Pasadena Courthouse
• Long Beach Courthouse
• Torrance Courthouse
• Airport Courthouse
• Santa Monica Courthouse
• And many other locations

In Orange County, petitions are filed at:

• Central Justice Center (Santa Ana)
• Lamoreaux Justice Center (Orange)
• Harbor Justice Center (Newport Beach)
• North Justice Center (Fullerton)
• West Justice Center (Westminster)

Step 2: Ex Parte Review by Judge (Day 0-1)

A judge reviews the petition without you present (ex parte). This typically happens the same day or the next business day. The judge will decide whether to:

• Grant a Temporary Restraining Order (TRO)
• Deny the TRO
• Set a hearing date (typically 15-25 days out)

Statistics show that judges grant temporary DVROs in the majority of cases—often 70-80%—based solely on the petitioner’s allegations.

If granted, the temporary DVRO goes into effect immediately and lasts until the hearing date.

Step 3: Service of Process (Days 1-10)

You must be personally served with:

• The petition and all attachments
• The temporary restraining order (if granted)
• Notice of the hearing date, time, and location
• Blank response forms

You are not bound by the restraining order until you’ve been properly served.

The petitioner is responsible for having you served by:

• A sheriff or marshal
• A private process server
• Any person over age 18 who is not a party to the case

Service must be completed at least 5 days before the hearing (or the hearing will be continued).

Step 4: Your Response (Optional, Days 5-15)

You can file Form DV-120 (Response to Request for Domestic Violence Restraining Order) before the hearing. While optional, this is usually strategically beneficial.

Step 5: Hearing Preparation (Days 1-20)

During the time between service and the hearing, your attorney will:

• Investigate the allegations
• Gather all evidence
• Interview and prepare witnesses
• Develop legal defense strategies
• Prepare you for testimony
• File any necessary motions

Step 6: The DVRO Hearing (Day 15-25)

This is your opportunity to fight the DVRO. The hearing typically proceeds as follows:

Petitioner’s Case (30-60 minutes)

• Petitioner testifies about alleged abuse
• Petitioner presents evidence (photos, texts, documents)
• Petitioner calls witnesses

Cross-Examination (15-45 minutes)

• Your attorney cross-examines the petitioner
• Your attorney cross-examines petitioner’s witnesses
• Goal: expose lies, inconsistencies, and motives

Respondent’s Case (30-60 minutes)

• You testify about what really happened
• You present counter-evidence
• You call your witnesses
• Your attorney presents legal arguments

Petitioner’s Cross-Examination (15-30 minutes)

• Petitioner or their attorney cross-examines you
• Petitioner or their attorney cross-examines your witnesses

Closing Arguments (5-15 minutes each side)

• Both sides summarize their case
• Legal arguments about why the DVRO should be granted or denied

Judge’s Decision The judge will either:

• Grant a permanent DVRO (typically 3-5 years, though can be shorter or longer)
• Deny the DVRO entirely (you win!)
• Grant a modified DVRO with less restrictive terms
• Take the matter under submission (issue a written decision later)

Step 7: After the Hearing

If the DVRO is Denied:

• Get a certified copy of the order denying the restraining order
• Ensure the temporary order is properly terminated
• Consider whether to seek a restraining order against the petitioner
• Document everything in case the petitioner tries again

If the DVRO is Granted:

• Get a certified copy of the restraining order so you know the exact terms
• Comply with every provision exactly
• Consider filing an appeal (60-day deadline)
• After 3 months, you can request modification or termination if circumstances have changed
• Plan for renewal opposition (DVROs can be renewed before expiration)

Why Choose Power Trial Lawyers for DVRO Defense

When your freedom, your children, and your future are on the line, you need attorneys with proven expertise in domestic violence restraining order defense. Here’s why clients throughout Southern California choose Power Trial Lawyers:

Extensive DVRO Defense Experience

We’ve successfully defended clients against domestic violence restraining orders at courthouses throughout:

• Los Angeles County – Downtown LA, Van Nuys, Pasadena, Long Beach, Torrance, Airport, Santa Monica, Pomona, and all other LA courthouses
• Orange County – Central Justice Center, Lamoreaux, Harbor, North, and West Justice Centers
• San Diego County – Downtown San Diego, North County, South Bay, East County
• Riverside County – Riverside, Indio, Corona, Murrieta
• San Bernardino County – San Bernardino, Rancho Cucamonga, Victorville
• Ventura County – Ventura, Simi Valley, Thousand Oaks

We know the local judges, the local procedures, and what works in each courthouse.

Proven Track Record of Success

Our DVRO defense victories include:

• Complete dismissal of DVROs based on false allegations
• Denial of move-out orders, allowing clients to stay in their homes
• Protection of child custody rights and parenting time
• Successful appeals of wrongly-granted DVROs
• Dismissal of DVRO violation charges
• Modification of overly-restrictive orders

Comprehensive Criminal Defense Integration

Many DVRO cases involve related criminal charges or the potential for criminal prosecution:

• Domestic violence charges (PC 273.5 – corporal injury to spouse)
• Domestic battery (PC 243(e)(1))
• Criminal threats (PC 422)
• Stalking (PC 646.9)
• Restraining order violations (PC 273.6)

Our attorneys handle both the DVRO case and any related criminal charges, providing seamless, comprehensive defense.

Media Recognition and Credibility

Power Trial Lawyers has been featured in:

• Fox News
• CNN
• Forbes
• Los Angeles Times

This media presence demonstrates our expertise and adds credibility to your case.

24/7 Availability for Urgent DVRO Matters

We understand that DVRO emergencies don’t happen on a 9-5 schedule. We’re available 24/7 for:

• Just-served temporary restraining orders
• Immediate threat of DVRO filing
• Restraining order violation accusations
• Emergency custody issues
• Urgent hearing preparation

Personalized, Aggressive Representation

We provide:

• Direct attorney access (not just paralegals)
• Personalized defense strategies for your specific case
• Aggressive cross-examination of petitioners
• Compassionate support during a difficult time
• Regular communication and updates
• Honest assessment of your case

Free Consultation

We offer free, confidential consultations to discuss your DVRO case. During your consultation, we’ll:

• Review the allegations and evidence
• Explain your legal options and defenses
• Develop a preliminary strategy
• Answer all your questions
• Provide honest assessment of strengths and weaknesses
• Discuss fees and payment options

Don’t wait. Call Power Trial Lawyers at 888-808-2179 for your free consultation. We’re available 24/7.

Frequently Asked Questions About Domestic Violence Restraining Orders

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

Temporary restraining orders (TROs) last 15-25 days until the hearing for a permanent order.

Permanent restraining orders issued after a hearing typically last up to 5 years. However:

• Judges can issue shorter orders (1-3 years)
• Orders without expiration dates last 3 years by default
• During the last 3 months before expiration, the petitioner can request renewal for another 5 years
• Renewals can be granted without requiring new evidence of abuse

Emergency protective orders (EPOs) issued by law enforcement last only 5-7 days.

Can I get a domestic violence restraining order dismissed or terminated early?

Yes, but it’s difficult. Options include:

The petitioner requests dismissal – If the petitioner changes their mind and files Form DV-400 to dismiss the order, the judge may grant it. However, in domestic violence cases, judges often refuse dismissal requests because they believe the petitioner is being pressured or manipulated.

You request termination after 3 months – Under California law, after a DVRO has been in effect for at least 3 months, you can file Form DV-400 to request modification or termination. You must prove that terminating the order serves the interests of justice and that there is no good cause to continue it.

Appeal the order – If you believe the judge made legal errors, you can file an appeal within 60 days of the order being issued. Appeals are complex and require experienced appellate counsel.

Will a DVRO show up on background checks?

Yes. Domestic violence restraining orders appear on:

• Criminal background checks for employment
• Housing applications and rental screenings
• Professional license applications and renewals
• Child custody evaluations
• Immigration proceedings (USCIS, immigration court)
• Firearm purchase background checks (NICS)

The DVRO is entered into CLETS (California Law Enforcement Telecommunications System), making it visible to all California law enforcement and accessible through background check services.

Can I see my children if there’s a DVRO against me?

It depends on what the DVRO orders. Possibilities include:

Full custody to the other parent with no visitation – The most severe outcome, typically only in cases with serious abuse allegations involving the children.

Supervised visitation only – You can see your children but only with a court-approved supervisor present. You typically must pay for the supervisor ($50-150/hour).

Unsupervised visitation with restrictions – You may have parenting time but with conditions like:

• No overnight visits
• Exchanges at a police station or public location
• No discussion of the DVRO with the children
• Sobriety requirements

Unaffected custody and visitation – If the DVRO doesn’t include custody orders, your existing custody arrangement may continue (though this is rare).

Important: Temporary custody orders in DVROs can heavily influence permanent custody determinations. Fighting the DVRO is critical to protecting your parental rights.

What should I do if I’m falsely accused in a DVRO?

If you’re facing false allegations in a domestic violence restraining order case:

1. DO NOT contact the petitioner – This will get you arrested for violating the order
2. Hire an experienced DVRO defense attorney immediately – Call 888-808-2179 now
3. Preserve all evidence – Save texts, emails, photos, videos, and any other evidence
4. Document everything – Write down your recollection of events while they’re fresh
5. Identify witnesses – Anyone who can contradict the allegations or testify to your character
6. DO NOT post on social media – Anything you post can be used against you
7. Comply with the temporary order – Even if it’s based on lies, you must follow it
8. Prepare for the hearing – Work with your attorney to build a compelling defense

False allegations are common in DVRO cases, particularly in custody disputes. With proper legal representation and strong evidence, you can win.

Can I be arrdomestic violence restraining orderested for violating a DVRO?

Yes. Violating a domestic violence restraining order is a crime under California Penal Code Section 273.6.

Misdemeanor violation (typical first offense):

• Up to 1 year in county jail
• Fines up to $1,000
• Mandatory probation
• Possible domestic violence classes

Felony violation (with injury or multiple violations):

• Up to 3 years in state prison
• Fines up to $10,000
• Felony criminal record

Additionally, violating a DVRO:

• Makes it nearly impossible to win your DVRO case
• Can result in additional criminal charges
• Can cause the DVRO to be extended
• Destroys your credibility with the judge

Even if the violation was accidental, you can still be arrested and charged.

If you’re accused of violating a DVRO, call Power Trial Lawyers immediately at 888-808-2179. We defend both DVRO cases and DVRO violation charges.

How much does a DVRO defense attorney cost?

The cost of hiring a domestic violence restraining order defense attorney varies based on case complexity, but typical costs are:

Free consultation – Power Trial Lawyers offers free initial consultations

Flat fee representation – $4,000 to $12,000 for complete representation through the hearing, depending on:

• Complexity of allegations
• Number of witnesses
• Amount of evidence
• Whether the petitioner has an attorney
• Whether child custody is involved

Hourly representation – $350 to $650 per hour for experienced DVRO defense attorneys

Payment plans – Many attorneys, including Power Trial Lawyers, offer flexible payment arrangements

While these costs may seem significant, consider the cost of NOT fighting:

• Lost employment and career opportunities ($100,000+)
• Loss of child custody (priceless)
• Immigration deportation (priceless)
• Professional license loss ($250,000+ in lost earnings)
• Move-out costs and housing expenses ($20,000+)
• Supervised visitation costs ($5,000-15,000/year)
• Batterer’s program costs ($2,600-3,900)

The cost of proper legal representation is a fraction of the cost of losing.

Can the petitioner drop a DVRO if we get back together?

This is a common misconception. Important points:

1. Only the judge can dismiss a DVRO – Even if the petitioner changes their mind and wants to drop it, the judge makes the final decision
2. Judges often refuse dismissal – Especially in domestic violence cases, judges believe petitioners are being pressured, manipulated, or are in danger
3. You must still comply with the order – Even if you’re back together and the petitioner wants the order dropped, you’re still bound by it until the judge dismisses it
4. Contact before dismissal is a crime – If you reconcile before the order is dismissed, any contact is still a violation of Penal Code 273.6

The right approach: If both parties want the DVRO dismissed, the petitioner should file Form DV-400 requesting dismissal. The judge will hold a hearing and decide whether to grant it. You should be represented by an attorney at this hearing.

Take Action Now: Protect Your Rights, Your Children, and Your Future

A domestic violence restraining order can destroy your life—your relationship with your children, your career, your home, your gun rights, your immigration status, and your reputation. False allegations are common, especially in custody battles and divorce situations. You cannot afford to take a DVRO lightly.

But you don’t have to face this alone.

Power Trial Lawyers has the experience, skill, and dedication to defend you against domestic violence restraining orders throughout Los Angeles, Orange County, San Diego, Riverside, San Bernardino, and Ventura Counties. We know how to expose false allegations, present compelling evidence, and protect your rights.

Call Power Trial Lawyers Now: 888-808-2179

✅ Free, Confidential Consultation
✅ Former Prosecutors with Extensive DVRO Experience
✅ Offices in Los Angeles and Orange County
✅ Serving All of Southern California
✅ Available 24/7 for Urgent Matters
✅ Flexible Payment Plans Available
✅ Featured on Fox News, CNN, Forbes & LA Times
✅ Proven Track Record of DVRO Dismissals

We know how to fight domestic violence restraining orders, and we know how to win.

Every day matters. Evidence disappears, witnesses’ memories fade, and deadlines approach. Don’t wait another minute.

📞 Call 888-808-2179 Now

Your children, your freedom, and your future are worth fighting for.

About Power Trial Lawyers – DVRO Defense Specialists

Power Trial Lawyers is Southern California’s premier domestic violence restraining order defense law firm. Our attorneys are former prosecutors with extensive experience in:

• Domestic Violence Restraining Order (DVRO) Defense – Hundreds of cases successfully defended
• Criminal Domestic Violence Defense – PC 273.5, PC 243(e)(1), PC 422, PC 646.9
• DVRO Violation Defense – Penal Code 273.6 charges
• Child Custody Protection – Fighting custody restrictions in DVROs
• Gun Rights Restoration – Recovering firearms after DVROs
• False Allegation Defense – Exposing lies and ulterior motives

We serve clients throughout Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, and Ventura County.

Contact Information:
Phone: 888-808-2179
Website: www.powertriallawyers.com
Offices in Los Angeles and Orange County
Available 24/7 for DVRO Emergencies

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Every DVRO case is different. Consult with a qualified domestic violence restraining order defense attorney about your specific situation. Past results do not guarantee future outcomes.