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Domestic Violence Temporary Restraining Order Defense in California — Power Trial Lawyers
You just got served. A process server showed up at your door — or worse, the police handed you papers during a welfare check. You read through them and realize someone has filed a domestic violence restraining order against you. A judge already signed a temporary restraining order (TRO) without hearing your side. You cannot go home, you cannot see your children, you may have already surrendered your firearms. And your hearing is in 21 days or less. You need a domestic violence temporary restraining order defense strategy — and you need one now.
This is not a conviction. This is not a final order. A TRO is an emergency, one-sided order that a judge grants based solely on the petitioner’s written declaration — before you ever get to speak. But if you do nothing, that temporary order becomes a permanent domestic violence restraining order (DVRO) that follows you for up to five years.
The window to fight back is narrow. What you do in the next 48 hours determines whether you walk into that hearing with a real defense or scramble to explain yourself to a judge who has already read the other side’s story.
Below is everything you need to understand about temporary restraining order defense in California — and how Power Trial Lawyers can help you fight it. This is your guide to domestic violence temporary restraining order defense in California.
Fast Answer: Temporary Domestic Violence Restraining Order (TRO) in California
A temporary restraining order (TRO) is an emergency court order issued ex parte — without notice to the respondent — under California Family Code § 6300. It takes effect immediately upon service and lasts until the scheduled hearing date, typically 21 to 25 days later.
The petitioner must show “reasonable proof of a past act or acts of abuse” under Family Code § 6300. At the hearing, the court applies a preponderance of the evidence standard — meaning the petitioner must prove it is “more likely than not” that abuse occurred.
Critical deadline: Your hearing is set within 21–25 days of the TRO being issued. If you fail to appear, the court will likely grant a restraining order lasting up to five years.
Most important step right now: Contact a defense attorney immediately. You need time to gather evidence, prepare declarations, and identify witnesses before the hearing date.
Power Trial Lawyers defends clients against temporary domestic violence restraining orders across Los Angeles, Orange County, Riverside, San Bernardino, and San Diego.
Legal Standard for Granting a Domestic Violence TRO in California
California courts issue temporary domestic violence restraining orders under Family Code § 6300 based on reasonable proof of a past act or acts of abuse. Because TROs are granted ex parte, the judge initially reviews only the petitioner’s written declaration.
At the full hearing, however, the legal standard changes.
To obtain a permanent domestic violence restraining order (DVRO), the petitioner must prove their case by a preponderance of the evidence, meaning it must be more likely than not that abuse occurred as defined by Family Code § 6203.
At that hearing:
- Both parties testify under oath.
- Each side may present documents and witnesses.
- The respondent has the right to cross-examine the petitioner.
- The judge evaluates credibility, consistency, and corroboration.
TROs are emergency placeholders. DVROs require proof.
This distinction is critical — many restraining orders are defeated at hearing because allegations that looked convincing on paper collapse under live testimony.
Key California Domestic Violence Restraining Order Cases
California courts have clarified how judges must evaluate DVRO requests at hearing:
Nakamura v. Parker (2007) 156 Cal.App.4th 327 — A single incident may support issuance of a DVRO if the conduct satisfies the statutory definition of abuse.
In re Marriage of Fregoso & Hernandez (2016) 5 Cal.App.5th 698 — Trial courts must base DVRO decisions on credibility and evidence presented at hearing, not merely the contents of the initial declaration.
Phillips v. Campbell (2016) 2 Cal.App.5th 844 — Respondents have a due process right to present evidence and cross-examine the petitioner before a DVRO may issue.
Together, these cases confirm that while TROs may be granted ex parte, permanent restraining orders require live testimony, credibility assessment, and meaningful opportunity to challenge the allegations.
What Is a Temporary Restraining Order (TRO) Under California Law?
A temporary restraining order in a domestic violence case is an emergency protective order issued by a California Superior Court judge under Family Code § 6300. It is designed to provide immediate protection to the petitioner (the person requesting the order) before the court holds a full hearing where the respondent (the person accused) can respond.
The TRO is granted through what is called an ex parte hearing — a proceeding where only one side presents evidence. The petitioner files a written request (form DV-100), attaches a declaration describing the alleged abuse, and asks a judge to sign the order the same day. The respondent is not present. The respondent is not notified in advance. The judge decides based solely on the petitioner’s paperwork.
How a TRO Differs from a Permanent DVRO
A TRO is temporary by design. It exists only to bridge the gap between the filing date and the hearing date. At the hearing, the court decides whether to issue a domestic violence restraining order (DVRO) that can last one to five years.
The distinction matters. A TRO is issued on a lower threshold — the judge only reviews one side’s paperwork. A DVRO requires a contested hearing where both parties can testify, present evidence, and cross-examine witnesses. Your defense begins the moment you are served with the TRO, not on the day you walk into court.
What Qualifies as “Abuse” Under California Law (Family Code § 6203)
California does not require physical injury to issue a domestic violence restraining order. Under Family Code § 6203, “abuse” includes any of the following conduct against an intimate partner or qualifying family member:
- Intentionally or recklessly causing bodily injury
- Sexual assault
- Placing someone in reasonable fear of imminent serious bodily injury
- Stalking, threatening, or harassing behavior
- Disturbing the peace of the protected party
- Destroying personal property
- Contacting or attempting to contact the protected party in violation of boundaries
Importantly, “disturbing the peace” includes coercive control, emotional manipulation, and behavior that destroys a person’s mental or emotional calm — even without physical violence.
This broad definition is why TROs are frequently granted based on written declarations alone — and why live testimony and cross-examination at the hearing are critical to exposing exaggeration or fabrication.
TRO vs DVRO — Key Differences
| Temporary Restraining Order (TRO) | Domestic Violence Restraining Order (DVRO) |
|---|---|
| Issued ex parte (one-sided) | Issued after contested hearing |
| Based solely on written declaration | Based on live testimony and evidence |
| Emergency, short-term | Can last up to five years |
| Low initial threshold | Requires proof by preponderance |
| No cross-examination | Full cross-examination allowed |
| Automatically expires | Becomes enforceable long-term order |
A TRO is temporary by design. A DVRO reshapes your life.
The hearing is your only opportunity to stop that from happening.
Who Can File for a TRO?
Under Family Code § 6211, a TRO can be filed by a current or former spouse, cohabitant, dating partner, co-parent, or someone related by blood or marriage within the second degree. The petitioner does not need a police report, criminal charges, or physical evidence to file. A written declaration alleging abuse is sufficient to request the order.
How the TRO Process Works in California
Understanding the timeline is critical. Once a TRO is filed, events move fast. Here is the step-by-step process:
Step 1: The petitioner files forms DV-100 (Request for DVRO) and DV-109 (Notice of Court Hearing) with the Superior Court. The petitioner includes a declaration describing the alleged abuse.
Step 2: A judge reviews the paperwork the same day. This is the ex parte hearing. If the judge finds “reasonable proof” of abuse under Family Code § 6300, the judge signs form DV-110 (Temporary Restraining Order). If the judge denies the TRO, the hearing still proceeds on the scheduled date.
Step 3: The TRO must be personally served on the respondent. A process server, law enforcement officer, or other authorized person delivers copies of all filed documents to the respondent. Without valid proof of service, the court cannot enforce the TRO or proceed to a hearing.
Step 4: The TRO takes effect immediately upon service. The respondent must comply with every term of the order — including stay-away provisions, move-out orders, and custody terms — from the moment they receive the papers.
Step 5: The hearing is held within 21–25 days. Under the Domestic Violence Prevention Act, the court sets the hearing no more than 21 days from the date of the petition, with possible extensions up to 25 days. At this hearing, both parties may present testimony, evidence, and witnesses. The judge then decides whether to deny the DVRO, grant it, or modify its terms.
What Happens If You Do Nothing
If the respondent fails to appear at the hearing, the court will almost certainly grant a DVRO lasting up to five years. The order is entered into the California Law Enforcement Telecommunications System (CLETS) database. It will appear on background checks, affect custody proceedings, trigger federal firearm prohibitions, and potentially impact immigration status. Doing nothing is the worst possible outcome.
What the Court Can Order in a TRO
A temporary restraining order can impose sweeping restrictions before the hearing ever takes place. Judges have broad discretion under Family Code §§ 6320–6327 to order any combination of the following:
Personal conduct orders: The respondent is ordered not to harass, attack, strike, threaten, assault, follow, stalk, molest, destroy personal property of, disturb the peace of, or contact the protected party.
Stay-away orders: The respondent must stay a specified distance (often 100 yards) from the petitioner’s person, home, workplace, vehicle, and children’s school or childcare.
Move-out (kick-out) orders: Even if the respondent owns or leases the home, the court can order immediate exclusion from the residence under Family Code § 6321.
Temporary custody and visitation: The court can grant temporary sole custody to the petitioner and restrict or eliminate the respondent’s visitation rights pending the hearing.
Firearm surrender orders: Under Family Code § 6389, the respondent must surrender all firearms and ammunition to law enforcement or a licensed dealer within 24 hours of service. This is mandatory, not discretionary.
Property control orders: The court may grant the petitioner exclusive use of shared vehicles, personal property, or other assets.
Every one of these orders can be challenged at the hearing. But until then, the respondent must comply fully — even if the allegations are false. Violating any term of a TRO is a criminal offense under Penal Code § 273.6.
Real Consequences of a Temporary Restraining Order
Many respondents assume a TRO is “just a piece of paper.” That assumption can be devastating. Even a temporary order triggers consequences that go far beyond the courtroom:
CLETS database entry: The TRO is entered into the statewide law enforcement database the same day. Every law enforcement officer in California can see it during any contact with you.
Criminal exposure: Any violation of the TRO — even an accidental text message — can result in arrest and prosecution under Penal Code § 273.6. A first offense is a misdemeanor carrying up to one year in county jail. Repeat violations or violations involving violence are wobblers that can be charged as felonies.
Custody and visitation impact: A TRO with custody provisions can immediately alter parenting arrangements. If a DVRO is later granted, Family Code § 3044 creates a rebuttable presumption against custody for the restrained party. That presumption can take years to overcome.
Immigration consequences: A DVRO can trigger inadmissibility, affect pending visa applications, and complicate naturalization proceedings. USCIS considers DVROs as evidence of moral character issues.
Employment and professional licensing: Many employers conduct background checks that reveal active restraining orders. Licensed professionals — teachers, nurses, attorneys, law enforcement officers, security guards — may face disciplinary action or license revocation.
Housing impact: A move-out order means immediate displacement. Even after a TRO expires, the record of a DVRO can affect future housing applications.
Common TRO Defense Scenarios
Scenario 1: TRO Filed During a Custody Battle
Your ex-spouse files a TRO days before a custody hearing. The declaration describes arguments and shouting but no physical violence. The TRO grants your ex temporary sole custody. This is one of the most common patterns Power Trial Lawyers sees — a restraining order weaponized to gain tactical advantage in family court. The defense focuses on the timing of the filing, the absence of corroborating evidence, and the motive to manipulate custody outcomes.
Scenario 2: Mutual Argument Recharacterized as Abuse
Both parties were yelling during an argument. Maybe objects were thrown by both sides. The petitioner files for a TRO describing only your conduct and omitting their own. A strong defense presents evidence of the mutual nature of the conflict, challenges the one-sided narrative, and may seek a mutual restraining order or outright denial.
Scenario 3: You Were Served But Cannot Afford to Miss Work
You received the TRO papers, but the hearing conflicts with your job. You are considering not showing up. This is a critical mistake. Failing to appear virtually guarantees a five-year DVRO. Power Trial Lawyers can appear on your behalf in many circumstances, and in all cases we ensure your defense is presented even if logistics are difficult.
Scenario 4: The Petitioner Wants to Drop the TRO
The petitioner contacts you and says they want to drop the case. You assume it is over. It is not. Only the court can dissolve a TRO. The petitioner can request dismissal, but the judge may continue the order, especially if there are children involved. Contacting the petitioner directly while a TRO is in effect could result in criminal charges. An attorney can navigate this safely.
Scenario 5: False Allegations Based on a Single Incident
The petitioner describes a single argument — no prior history of violence, no injuries, no police reports — and obtains a TRO. The declaration is vague and conclusory. At the hearing, the petitioner must prove their case by a preponderance of the evidence. Power Trial Lawyers challenges vague declarations, tests the petitioner’s credibility under cross-examination, and presents counter-evidence to defeat the request.
Relevant Judicial Council Forms
The following forms are directly involved in the TRO process. Understanding what each form does helps you prepare your defense:
DV-100 — Request for Domestic Violence Restraining Order. This is the petitioner’s initial filing describing the allegations against you.
DV-109 — Notice of Court Hearing. Sets your hearing date and notifies you when to appear.
DV-110 — Temporary Restraining Order. The actual TRO signed by the judge. Review every box checked — each one is a specific restriction on your conduct.
DV-120 — Response to Request for Domestic Violence Restraining Order. This is YOUR form. Filing a written response before the hearing is critical to your defense.
DV-120-INFO — How Can I Respond to a Request for Domestic Violence Restraining Order? Informational guide from the court.
DV-130 — Restraining Order After Hearing. This is the order the judge issues after the hearing — either granting, denying, or modifying the DVRO.
DV-800/DV-800-INFO — Proof of Firearms Turned In, Sold, or Stored. Required if the TRO orders firearm surrender.
How Power Trial Lawyers Defends Against Temporary Restraining Orders
Core Domestic Violence TRO Defense Principles in California
Successful TRO defense is not emotional — it is procedural and evidentiary. Across Southern California courts, several principles consistently determine outcomes:
- TROs are granted on minimal evidence because respondents are not present.
- DVROs require credibility under oath.
- Judges weigh consistency between declarations and testimony.
- Timing of filings often reveals custody or leverage motives.
- Vague or conclusory allegations fail under cross-examination.
- Documentary evidence frequently overrides narrative claims.
- False allegations carry no automatic penalty — the burden is on the respondent to disprove them.
Effective defense focuses on exposing inconsistencies, motives, and evidentiary gaps — not arguing feelings.
Effective domestic violence temporary restraining order defense is not about waiting for the hearing and hoping for the best. Here is how Power Trial Lawyers approaches TRO defense across Southern California:
Challenging the Ex Parte Declaration
The entire TRO rests on the petitioner’s written declaration. We analyze every line for vague language, conclusory allegations, inconsistencies, and omissions. If the declaration says “I felt afraid” without describing specific conduct that constitutes abuse under Family Code § 6203, we challenge the legal sufficiency of the claim.
Filing a Comprehensive Response (DV-120)
Your response declaration is the most important document in the case. Power Trial Lawyers drafts a detailed, fact-specific DV-120 response that addresses every allegation, provides your version of events, and attaches supporting evidence. We file it early enough for the judge to read it before the hearing.
Gathering and Preserving Evidence
Text messages, voicemails, emails, security camera footage, social media posts, witness statements — evidence disappears fast. We advise clients on what to preserve and how to organize it. We subpoena records when necessary. In cases involving false allegations, we identify evidence that contradicts the petitioner’s story.
Preparing for Cross-Examination
At the hearing, the petitioner must testify under oath. Cross-examination is where false or exaggerated claims fall apart. Power Trial Lawyers prepares pointed questions that expose contradictions between the petitioner’s declaration and their testimony, prior inconsistent statements, and motive to fabricate.
Procedural Defenses
Not every TRO is properly issued. We review whether personal service was correctly completed, whether the petition was filed by an eligible party under Family Code § 6211, whether the court had jurisdiction, and whether the declaration meets the legal standard under Family Code § 6300. Procedural failures can result in dismissal of the TRO before the hearing even begins.
Constitutional Protections
TROs are issued without prior notice to the respondent. While ex parte orders are permitted under narrow circumstances, the respondent retains due process rights at the hearing — including the right to present evidence, the right to cross-examine the petitioner, and the right to be heard by an impartial judicial officer. We ensure those rights are fully protected.
Can I Fight a Temporary Restraining Order in California?
Yes. You cannot fight the TRO itself before the hearing — the order remains in effect until a judge rules on it. But you absolutely can and should fight at the hearing to prevent the TRO from becoming a long-term DVRO. This means filing a written response (form DV-120), presenting evidence, testifying, and cross-examining the petitioner. An experienced attorney dramatically increases your chances of defeating the petition. Power Trial Lawyers builds a domestic violence temporary restraining order defense tailored to your specific facts and circumstances
What Happens at a TRO Hearing in California?
The TRO hearing is a contested civil proceeding held in the family law division of the Superior Court. Both parties may appear with or without attorneys. The petitioner presents their case first, typically by testifying about the events described in their declaration. The respondent or their attorney may cross-examine the petitioner. Then the respondent presents their defense — testimony, witness statements, and documentary evidence. The judge applies the preponderance of the evidence standard and decides whether to grant, deny, or modify the restraining order.
How Long Does a Temporary Restraining Order Last in California?
A TRO lasts only until the hearing date — typically 21 to 25 days from the date of issuance. If the hearing is continued (postponed), the TRO automatically remains in effect until the new hearing date. If the respondent was never served, the court may reissue the TRO and set a new hearing. And if the court grants a DVRO at the hearing, the permanent order replaces the TRO and can last up to five years under Family Code § 6345.
Can a TRO Be Dropped Before the Hearing?
The petitioner can request dismissal at any time before the hearing by filing a request with the court. However, the judge is not obligated to grant the dismissal — particularly in cases involving children or serious allegations of violence. If the petitioner simply fails to appear at the hearing, the TRO typically expires and the case is dismissed. But the respondent should still appear to ensure the record reflects that no order was granted.
What Should I Do Immediately After Being Served With a TRO?
First, read every word of the order carefully. Identify every restriction — stay-away distances, move-out requirements, custody provisions, firearm surrender deadlines. Second, comply with every term immediately, even if you believe the allegations are false. Violating a TRO is a criminal offense. Third, contact a defense attorney. Power Trial Lawyers offers immediate consultations for respondents served with temporary restraining orders. Time is your most limited resource.
Can I Contact the Petitioner While a TRO Is in Effect?
No. Unless the court order specifically permits limited contact (which is rare in DV TROs), any contact — including text messages, phone calls, emails, messages through third parties, or social media interaction — is a violation of the order. Even if the petitioner contacts you first, responding can result in your arrest. If the petitioner wants to communicate, the proper channel is through attorneys or a formal court modification. Power Trial Lawyers advises every client to maintain strict no-contact until the order is formally lifted or modified.
Will a TRO Show Up on My Background Check?
Active restraining orders appear in the CLETS database and can surface on background checks conducted by employers, landlords, and licensing agencies. If the TRO is denied at the hearing, it should be removed from CLETS. If a DVRO is granted, it remains on your record for the duration of the order. Even after expiration, records of the filing may persist in court databases unless affirmatively expunged or sealed where permitted.
Can I Get a Continuance on My TRO Hearing?
Either party may request a continuance (postponement) of the hearing. The court may grant it for good cause — such as the need to retain counsel, gather evidence, or subpoena witnesses. Under Family Code § 245, if the hearing is continued, the TRO remains in full effect until the new hearing date. Continuances are a double-edged sword: they give you more time to prepare, but they also extend the period during which the TRO restricts your life.
What If the TRO Contains False Allegations?
False allegations in a TRO declaration are more common than most people realize, particularly in contentious custody disputes. The defense strategy involves gathering evidence that contradicts the petitioner’s claims — text messages, photos, alibis, witness testimony — and presenting it effectively at the hearing. California law does not impose penalties on petitioners who file false declarations in most DVRO cases, which means the burden falls on you to disprove the allegations. An attorney experienced in TRO defense knows how to expose fabrication through cross-examination and documentary evidence. An aggressive domestic violence temporary restraining order defense starts with dismantling the petitioner’s credibility.
Southern California Temporary Restraining Order Defense
TRO hearings are held in the family law departments of the Superior Court in the county where the petition was filed. Power Trial Lawyers defends TRO cases across all five major Southern California counties. Local courtroom experience matters — each courthouse has its own procedures, judicial preferences, and scheduling norms that affect case strategy.
Los Angeles County TRO Defense
Los Angeles County is the largest court system in the nation. TRO hearings are held at courthouses across the county depending on where the petitioner resides. Power Trial Lawyers handles TRO cases at Stanley Mosk Courthouse, Van Nuys Courthouse, Pasadena Courthouse, Long Beach Courthouse, Torrance Courthouse, Airport Courthouse, and Santa Monica Courthouse. LA County courtrooms move fast — filing your DV-120 response well before the hearing date is essential.
Orange County TRO Defense
Orange County family law matters are heard primarily at the Central Justice Center in Santa Ana, with additional locations at Lamoreaux Justice Center, Harbor Justice Center, North Justice Center, and West Justice Center. Orange County judges tend to hold thorough hearings and expect well-prepared responses.
Riverside County TRO Defense
Riverside County hears TRO cases at the Riverside Historic Courthouse, Southwest Justice Center in Murrieta, and Larson Justice Center in Indio. The Inland Empire covers a wide geographic area, and which courthouse you appear in depends on where the petitioner filed.
San Bernardino County TRO Defense
San Bernardino County handles family law restraining orders at the San Bernardino Justice Center, Rancho Cucamonga Courthouse, and Victorville Courthouse. SanBernardino courtrooms often have heavy caseloads, making timely filing and organized evidence presentation crucial.
San Diego County TRO Defense
San Diego County TRO hearings take place at the Central Courthouse in downtown San Diego, Vista Courthouse in North County, and Chula Vista Courthouse in the South Bay. Power Trial Lawyers handles TRO defense throughout San Diego County.
Counties We Handle TRO Defense
Power Trial Lawyers represents respondents in domestic violence TRO hearings throughout:
- Los Angeles County
- Orange County
- Riverside County
- San Bernardino County
- San Diego County
Local courtroom procedures vary by county and courthouse. Strategic preparation depends on knowing judicial expectations, filing timelines, and department practices.
Talk to a TRO Defense Attorney Now
If you need a domestic violence temporary restraining order defense, you are already on the clock. The hearing is coming. The restrictions are already in effect. Every day without an attorney is a day your defense falls behind.
Power Trial Lawyers focuses heavily on restraining-order defense across Southern California. Our practice handles hundreds of domestic violence and civil harassment restraining order matters annually, representing respondents in Los Angeles, Orange County, Riverside, San Bernardino, and San Diego.
We routinely defend clients facing:
- Emergency move-out orders
- Firearm surrender mandates
- Temporary custody losses
- False or exaggerated abuse claims
- TROs filed strategically during family law disputes
This is not occasional work for our firm — it is a core practice area.
Call 888-808-2179 now for an immediate consultation. You can also reach us through the Power Trial Lawyers contact page. The sooner you call, the stronger your defense.