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Permanent DVRO Defense in California | Power Trial Lawyers
The temporary restraining order phase is over. The hearing date has arrived — or it already happened, and a judge granted a permanent domestic violence restraining order (DVRO) against you. Maybe you had an attorney. Maybe you didn’t. Maybe you never showed up. Whatever happened, you are now living under a court order that could last up to five years, can trigger state and federal firearm prohibitions, damage your custody case, and follow you on every background check for years to come. If this sounds familiar, you need a permanent domestic violence restraining order defense attorney to protect your rights.
Power Trial Lawyers focuses heavily on restraining order defense and has handled hundreds of DVRO hearings across Los Angeles and Orange County, including contested hearings, renewals, default set-asides, and early termination motions. Our practice regularly appears in family law departments throughout Southern California, representing respondents at every stage of the permanent DVRO process.
A permanent DVRO is not actually permanent in the way most people think. It can be fought at the hearing. It can be modified after it is granted. In some cases, it can be terminated early. But none of that happens on its own. You need a permanent domestic violence restraining order defense built by an attorney who understands exactly how these orders work — and how to dismantle them.
This page covers everything you need to know about fighting a long-term DVRO in California — whether your hearing is coming up, already happened, or the order is up for renewal. Power Trial Lawyers defends clients against permanent DVROs across Southern California.
Fast Answer: Permanent Domestic Violence Restraining Order (DVRO) in California
A permanent DVRO is a restraining order issued after a contested hearing under California Family Code § 6300. Despite the name, these orders are not truly permanent. They last up to five years under Family Code § 6345, though they can be renewed.
The petitioner must prove past abuse by a preponderance of the evidence, meaning “more likely than not.” The respondent has the right to testify, present evidence, call witnesses, and cross-examine the petitioner.
Critical point: If a DVRO has already been granted, you may still be able to request early termination or oppose renewal. If your hearing has not happened yet, your defense starts now, not the morning of the hearing.
Most important step: Contact a defense attorney immediately. Whether you are preparing for a hearing or living under a granted order, an experienced lawyer can identify your best path forward.
Power Trial Lawyers provides permanent domestic violence restraining order defense across Los Angeles, Orange County, Riverside, San Bernardino, and San Diego.
Permanent DVRO — Plain Definition
A permanent domestic violence restraining order (DVRO) is a court order issued after a contested hearing under California Family Code § 6300. Despite the name, it lasts up to five years and may be renewed indefinitely. A permanent DVRO can restrict contact, remove you from your home, affect child custody, prohibit firearm possession, appear on background checks, and create criminal exposure for any violation.
What Is a Permanent DVRO Under California Law?
A permanent DVRO is a domestic violence restraining order issued by a Superior Court judge after a contested hearing. It replaces the temporary restraining order (TRO) that was in effect before the hearing. The order is memorialized on Judicial Council form DV-130 — Restraining Order After Hearing.
The word “permanent” is misleading. Under Family Code § 6345, a DVRO can last up to five years from the date it is issued. The court has discretion to set a shorter duration. When the order expires, the petitioner can request renewal — and the renewal can be indefinite under Family Code § 6345(a).
How a Permanent DVRO Differs from a TRO
A TRO is an emergency order granted ex parte, meaning without the respondent’s input. A permanent DVRO is issued only after both sides have the opportunity to be heard. The legal standard is the same but the process is fundamentally different. At the hearing, the respondent can challenge the petitioner’s testimony, introduce counter-evidence, and present their own witnesses.
That distinction matters for your defense. A TRO is one-sided by design. A permanent DVRO should only be granted after the court weighs both sides. If the hearing was deficient, if you did not have counsel, were not properly served, or were denied the opportunity to present evidence, the order itself may be vulnerable.
The Legal Standard: Preponderance of the Evidence
To obtain a permanent DVRO, the petitioner must prove by a preponderance of the evidence that abuse occurred as defined under Family Code § 6203. “Abuse” includes intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable apprehension of serious bodily injury, and engaging in behavior that has been or could be enjoined under Family Code § 6320 — including harassment, threats, stalking, and disturbing the peace.
Preponderance of the evidence means “more likely than not” — a 51% threshold. This is a much lower bar than the “beyond a reasonable doubt” standard in criminal cases. That low threshold is precisely why permanent domestic violence restraining order defense requires meticulous preparation. Every piece of evidence matters when the margin is this thin.
Leading California Permanent DVRO Cases
Ritchie v. Konrad (2004) 115 Cal.App.4th 1275
When a protected party seeks renewal of a DVRO, they do not need to prove new acts of abuse. They must only show a reasonable apprehension of future abuse based on the totality of circumstances.
In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483
“Disturbing the peace” includes emotional abuse and coercive control, not just physical violence.
Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140
Trial judges have broad discretion in DVRO hearings, and credibility determinations receive extreme deference on appeal.
These cases explain why permanent DVRO defense must focus on credibility, corroboration, and evidentiary precision at the hearing stage.
How the Permanent DVRO Hearing Works
The hearing is your day in court. It is the single most important event in the entire DVRO process. Here is what happens:
Step 1: Both parties appear before the court. The hearing is held in the family law department of the Superior Court in the county where the petition was filed. Both the petitioner and respondent may appear with or without attorneys. If the respondent fails to appear, the court will almost certainly grant the DVRO.
Step 2: The petitioner presents their case first. The petitioner testifies under oath about the alleged abuse described in their petition (form DV-100). The petitioner may also present witnesses and documentary evidence.
Step 3: The respondent or their attorney cross-examines the petitioner. This is where a skilled attorney earns their fee. Cross-examination exposes inconsistencies, tests credibility, and highlights what the petitioner cannot prove.
Step 4: The respondent presents their defense. The respondent testifies, introduces evidence, and calls witnesses. The respondent’s written response (form DV-120) should already be on file — the judge reads it before the hearing begins.
Step 5: The judge rules. The judge may grant the DVRO for up to five years, deny the petition entirely, grant a modified order with fewer restrictions, or continue the hearing if more evidence is needed. The ruling is recorded on form DV-130.
Permanent DVRO vs Civil Harassment Restraining Orders
Permanent DVROs apply only to parties with qualifying domestic relationships (spouses, dating partners, co-parents, household members). Civil harassment restraining orders apply to neighbors, coworkers, and acquaintances. DVROs carry automatic custody presumptions and firearm prohibitions that civil harassment orders do not. From a defense perspective, DVROs present far higher long-term consequences and require a more aggressive evidentiary strategy.
What Judges Actually Look At
Family law judges in DVRO hearings evaluate credibility above almost everything else. They consider the specificity and consistency of each party’s testimony, whether the allegations are corroborated by independent evidence, the demeanor and believability of each witness, any history of prior restraining orders or domestic violence incidents, and whether the petitioner’s account makes sense in context. Judges are experienced at detecting exaggeration. They are also experienced at detecting minimization. Your defense must be honest, specific, and supported by evidence.
What Happens If You Do Not Appear
If the respondent fails to appear at the hearing, the court enters a default DVRO. The petitioner could potentially get a five-year order with full stay-away provisions, custody terms, firearm surrender, and a CLETS entry. You lose your right to contest the order at the hearing. Setting aside a default DVRO is possible but significantly harder than defending against one at the hearing itself.
What the Court Orders in a Permanent DVRO
A permanent DVRO can include any combination of orders that the court finds necessary to prevent future abuse. Under Family Code §§ 6320–6327, the court may order:
Personal conduct orders: No harassment, threats, assault, stalking, disturbing the peace, or contact with the protected party.
Stay-away orders: The restrained party must remain a specified distance from the protected party’s home, workplace, school, vehicle, and children’s locations.
Residence exclusion: The restrained party courts may order to move out of a shared residence under Family Code § 6321 — even if they own or lease the property.
Custody and visitation: The court may award sole legal and physical custody to the protected party. Under Family Code § 3044, a person subject to a DVRO is presumed unfit for custody. That presumption is rebuttable — but it shifts the burden onto the restrained party to prove they should have custody.
Firearm prohibition: Under Family Code § 6389 and 18 U.S.C. § 922(g)(8), the restrained party must surrender all firearms and ammunition and is prohibited from purchasing or possessing any during the life of the order.
Property and financial orders: The court can grant exclusive possession of property, order payment of certain debts, and award attorney fees in some circumstances.
The scope of a permanent DVRO is broad. Fighting for narrower terms — or outright denial — at the hearing is critical. Every restriction that makes it into the order affects your daily life for years.
Real Consequences of a Permanent DVRO
A five-year DVRO is not a slap on the wrist. It reshapes your life in ways most people do not anticipate until the order is already in place:
CLETS database entry: The order is entered into California’s law enforcement database immediately. Every officer who runs your name during a traffic stop, welfare check, or any other contact will see the active DVRO.
Criminal exposure for violations: Any violation of a permanent DVRO — including accidental contact — is a crime under Penal Code § 273.6. A first offense is a misdemeanor carrying up to one year in jail and a $1,000 fine. Subsequent violations or violations involving violence can be charged as felonies.
Custody presumption: Family Code § 3044 creates a rebuttable presumption that a restrained party should not have custody. Overcoming this presumption requires completing a batterer’s intervention program, complying with all court orders, and demonstrating that custody serves the child’s best interest. This process can take years.
Firearm rights: State and federal firearm prohibitions remain in effect for the entire duration of the DVRO. For many professionals — law enforcement, military, security — this is career-ending.
Immigration consequences: A DVRO can affect visa applications, green card renewals, naturalization proceedings, and asylum claims. USCIS treats DVROs as evidence bearing on moral character.
Employment and licensing: Active restraining orders appear on background checks used by employers, licensing boards, and government agencies. Teachers, healthcare workers, attorneys, financial professionals, and anyone requiring a security clearance may face professional consequences.
Housing: Landlords routinely run background checks. An active DVRO can make it difficult to secure housing — compounding the impact if a move-out order is already in effect.
Renewal risk: When the DVRO approaches expiration, the protected party can file for renewal. A renewed DVRO can be permanent — with no expiration date. Failing to oppose renewal means the order continues indefinitely.
Common Permanent DVRO Defense Scenarios
Scenario 1: You Lost at the Hearing Without an Attorney
You represented yourself at the DVRO hearing. You did not know how to cross-examine the petitioner, object to hearsay, or present your evidence effectively. The judge granted a five-year order. This is one of the most common situations Power Trial Lawyers encounters. Depending on the circumstances, you may be able to seek modification, early termination, or — in cases of procedural deficiency — a motion to set aside the order.
Scenario 2: DVRO Granted Based on Exaggerated or False Allegations
The petitioner described a mutual argument as one-sided domestic violence. There were no injuries, no police reports, and no independent witnesses. But the judge found the petitioner more credible. Permanent domestic violence restraining order defense in this scenario focuses on gathering post-hearing evidence that contradicts the petitioner’s claims and building a record for modification or termination.
Scenario 3: The DVRO Is About to Be Renewed
Your five-year DVRO is approaching expiration. The protected party files a request to renew the order — potentially making it permanent with no end date. Under Ritchie v. Konrad (2004) 115 Cal.App.4th 1275, the petitioner seeking renewal only needs to show a reasonable apprehension of future abuse — they do not need to prove new acts of abuse. Opposing renewal requires demonstrating that the protected party’s fear is no longer reasonable based on changed circumstances.
Scenario 4: You Never Appeared and a Default DVRO Was Entered
You were served with the TRO but never showed up for the hearing. A default DVRO was entered granting everything the petitioner requested. Under Code of Civil Procedure § 473(b), you may be able to file a motion to set aside the default order if your failure to appear was due to mistake, inadvertence, surprise, or excusable neglect — but the motion must typically be filed within six months. Power Trial Lawyers evaluates default DVRO cases to determine whether relief is available.
Scenario 5: Circumstances Have Changed Since the Order Was Granted
The DVRO was granted two years ago. Since then, there have been no violations, no contact, and no incidents. The parties’ children are older. You have completed counseling or a batterer’s intervention program. You need the order terminated to restore your custody rights or firearm rights. Under Family Code § 6345(b), the restrained party can request early termination by showing a material change in circumstances. This is not easy — but it is possible with the right evidence and a well-prepared motion.
What Forms You’ll See
These forms are directly involved in the permanent DVRO process:
DV-100 — Request for Domestic Violence Restraining Order. The petitioner’s original filing. Review it carefully — every allegation in this form is what the petitioner must prove at the hearing.
DV-120 — Response to Request for DVRO. The respondent’s written response. This form is your first opportunity to tell the court your side. Filing it before the hearing is essential.
DV-130 — Restraining Order After Hearing. The permanent DVRO itself. Every checked box on this form is an enforceable court order.
DV-700 — Request to Renew Restraining Order. Filed by the protected party when the DVRO is approaching expiration.
DV-800/DV-800-INFO — Proof of Firearms Turned In, Sold, or Stored. Required documentation for firearm surrender compliance.
How Power Trial Lawyers Defends Against Permanent DVROs
Permanent domestic violence restraining order defense requires a different approach than fighting a TRO. The stakes are higher, the evidentiary record is deeper, and the judge expects both sides to come prepared. Here is how Power Trial Lawyers handles these cases:
Pre-Hearing Defense Strategy
If your hearing has not happened yet, the most important work happens before you ever set foot in a courtroom. We draft a comprehensive DV-120 response that addresses every allegation point by point. We identify and organize all available evidence, including text messages, emails, photos, video footage, social media posts, witness declarations. We prepare you for direct testimony and coach you on what to expect during the hearing. We also identify weaknesses in the petitioner’s case that will become the foundation for cross-examination.
Cross-Examination of the Petitioner
The hearing is often won or lost during cross-examination. Power Trial Lawyers prepares targeted questions designed to expose inconsistencies between the petitioner’s written declaration and their live testimony, contradictions with available evidence, motive to fabricate, particularly in custody disputes or divorce proceedings, and gaps in the petitioner’s account that undermine their credibility. Judges pay close attention to how a petitioner holds up under questioning. A well-prepared cross-examination can be the difference between a five-year order and a denial.
Challenging the Legal Sufficiency of the Petition
Not every allegation of bad behavior qualifies as “abuse” under Family Code § 6203. Arguments, heated words, and hurt feelings are not domestic violence unless they rise to the level of conduct specified in the statute. We challenge petitions that rely on vague or conclusory language, allege conduct that does not meet the statutory definition of abuse, lack corroboration from any independent source, or describe mutual conflict rather than one-sided abuse.
Post-Hearing Relief
If a permanent DVRO has already been granted, your options depend on the circumstances. Power Trial Lawyers evaluates whether you can file a motion to modify the order to reduce its scope or duration, request early termination under Family Code § 6345(b) based on changed circumstances, oppose renewal when the protected party seeks to extend the order, or move to set aside a default order under Code of Civil Procedure § 473(b) if you failed to appear at the original hearing. Permanent domestic violence restraining order defense does not end when the judge signs the DV-130. For many clients, the most important legal work happens after the order is entered.
Building a Record for Future Relief
Even when a DVRO cannot be immediately overturned, we help clients build a record that supports future modification or termination. This includes documenting compliance with all order terms, completing recommended programs, maintaining stable employment and housing, and demonstrating that the circumstances that led to the order have fundamentally changed.
Our restraining order defense practice concentrates specifically on DVRO hearings and post-order relief, including modification, early termination, and renewal opposition.
How Long Does a Permanent DVRO Last in California?
A permanent DVRO lasts up to five years from the date of issuance under Family Code § 6345. The judge has discretion to set a shorter duration. When the order approaches its expiration date, the protected party can request renewal. A renewed DVRO can last an additional five years — or, in some cases, indefinitely. The restrained party has the right to oppose renewal at a hearing. Many courts grant renewal when it is unopposed. So, if you do not file a response and show up to contest renewal, the court may renew based primarily on the petitioner’s declaration and the existing record.
Can I Fight a Permanent DVRO After It Has Been Granted?
Yes, but your options depend on timing and circumstances. If the order was entered by default because you did not appear, you may file a motion to set aside the order within six months under CCP § 473(b). If you appeared but lost, you can request modification or early termination under Family Code § 6345(b) by demonstrating a material change in circumstances. You can also oppose renewal when the protected party files to extend the order. An appeal is theoretically available but rarely practical in DVRO cases due to the deferential standard of review. Power Trial Lawyers evaluates each case to identify the most effective path to relief.
What Evidence Do I Need to Defeat a Permanent DVRO?
The strongest DVRO defenses are built on evidence that directly contradicts the petitioner’s allegations. This includes text messages or communications showing a different version of events, photographs or video from the time of the alleged incident, witness declarations from people with firsthand knowledge, social media posts by the petitioner that contradict their claims of fear, police reports that tell a different story than the petition, medical records (or the absence of medical records) relevant to claimed injuries, and evidence of the petitioner’s motive to fabricate. Power Trial Lawyers helps clients identify, preserve, and present the evidence that matters most.
Can a Permanent DVRO Be Terminated Early?
Yes. Under Family Code § 6345(b), either party may request modification or termination of a DVRO. The restrained party must demonstrate that circumstances have materially changed since the order was issued. Courts consider factors such as the length of time since the order was granted, whether there have been any violations or new incidents, completion of counseling or batterer’s intervention programs, the wishes of the protected party, and the overall safety of the protected party and any children. Early termination is not guaranteed, but it is a real option, particularly for respondents who have maintained full compliance and can demonstrate meaningful change.
What Is the Difference Between a TRO and a Permanent DVRO?
A TRO is an emergency order issued before the hearing based solely on the petitioner’s written declaration. A permanent DVRO is issued after a contested hearing where both sides present evidence. The TRO lasts only until the hearing date, typically 21 to 25 days. A permanent DVRO lasts up to five years and the protected party may renew. The TRO is a placeholder. The permanent DVRO is the real order. Defending against the permanent order is where the case is won or lost.
Does a Permanent DVRO Affect Child Custody?
Significantly. Under Family Code § 3044, a parent subject to a DVRO faces a rebuttable presumption against custody. This means the court presumes that granting custody to the restrained party is not in the child’s best interest. To overcome this presumption, the restrained party must demonstrate completion of a batterer’s intervention program, compliance with all terms of the restraining order, compliance with all court-ordered probation or parole terms, that custody is in the best interest of the child, and that there has been no further domestic violence. This presumption applies to both legal and physical custody. It is one of the most consequential effects of a permanent DVRO and a primary reason to fight the order aggressively at the hearing stage.
Can a DVRO Be Renewed After Five Years?
Yes. The protected party may file for renewal using Judicial Council form DV-700 before the order expires. Under Ritchie v. Konrad (2004) 115 Cal.App.4th 1275, the petitioner does not need to show new acts of abuse — only a reasonable apprehension of future abuse. The court considers the totality of circumstances, including the seriousness of the original abuse, the restrained party’s conduct during the order, and any ongoing fear expressed by the protected party. A renewed DVRO can be issued for an additional five years or permanently. Opposing renewal requires a strong evidentiary showing that the protected party’s fear is no longer objectively reasonable.
What Happens If I Violate a Permanent DVRO?
Violating any term of a permanent DVRO is a criminal offense under Penal Code § 273.6. A first offense is a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000. A second conviction within seven years carries a mandatory minimum of 48 hours in jail. Violations involving acts of violence can be charged as felonies with state prison exposure. Beyond the criminal penalties, a violation can be used as evidence to support renewal of the DVRO and can devastate any pending custody or family law proceedings.
Can I Own a Gun With a Permanent DVRO in California?
No. A permanent DVRO can trigger California firearm restrictions and, in some cases, federal firearm prohibitions for the duration of the order. Under Family Code § 6389, the restrained party must surrender all firearms and ammunition within 24 hours of service of the order. Under 18 U.S.C. § 922(g)(8), it is a federal felony to possess a firearm while subject to a qualifying domestic violence restraining order. These prohibitions remain in effect for the duration of the DVRO. Firearm rights are restored only when the order expires or is terminated, not before. For clients whose livelihood depends on firearm possession, permanent domestic violence restraining order defense is not optional — it is urgent.
Southern California Permanent DVRO Defense
DVRO hearings and post-hearing motions are handled in the family law departments of the Superior Court. Power Trial Lawyers defends permanent DVRO cases across all five major Southern California counties. Each courthouse has its own procedures, calendaring practices, and judicial tendencies that affect case strategy. Knowing the courtroom matters.
Los Angeles County
Los Angeles County’s sprawling court system handles DVRO matters at multiple locations. Power Trial Lawyers appears regularly at Stanley Mosk Courthouse, Van Nuys Courthouse, Pasadena Courthouse, Long Beach Courthouse, Torrance Courthouse, Airport Courthouse, and Santa Monica Courthouse. LA County judges run tight hearing calendars — preparation and efficiency in the courtroom are non-negotiable.
Orange County
Orange County family law DVRO matters are concentrated at the Central Justice Center in Santa Ana, with overflow at Lamoreaux Justice Center, Harbor Justice Center, North Justice Center, and West Justice Center. OC judges generally allow adequate hearing time and expect respondents to appear with organized evidence.
Riverside County
Riverside County handles DVRO cases at the Riverside Historic Courthouse, Southwest Justice Center in Murrieta, and Larson Justice Center in Indio. The Inland Empire’s geographic spread means your assigned courthouse may be far from home — plan accordingly.
San Bernardino County
San Bernardino County DVRO hearings are held at the San Bernardino Justice Center, Rancho Cucamonga Courthouse, and Victorville Courthouse. Heavy caseloads in San Bernardino courtrooms make concise, well-organized presentations essential.
San Diego County
San Diego County hears DVRO matters 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 permanent DVRO defense throughout San Diego County.
Fight Your Permanent DVRO and Call Power Trial Lawyers Today
Whether your DVRO hearing is next week, last month, or five years ago, there may still be a path to relief. A permanent domestic violence restraining order does not have to define the next five years of your life — or longer.
Power Trial Lawyers has defended hundreds of DVRO cases across Southern California. We fight at the hearing to prevent permanent orders from being granted. We file motions to modify or terminate orders that are already in place. And we oppose renewals that would extend restrictions indefinitely.
Call 888-808-2179 now to speak with a permanent domestic violence restraining order defense attorney. You can also contact us through the Power Trial Lawyers website. If your hearing is approaching, do not wait. If your order is already in place, there may still be options. Either way, the conversation starts with a call.