San Diego Domestic Violence & Restraining Order Lawyers

Immediate Protection. Long-Term Legal Solutions.

Domestic violence affects people of all backgrounds and can have devastating consequences on families and children. California law provides strong protections for victims of abuse through restraining orders and related legal remedies. At SD Law Center, our San Diego domestic violence attorneys act quickly and decisively to secure protection for those at risk—and to defend those falsely accused.

What Is Domestic Violence Under California Law?

According to California Family Code § 6203, domestic violence includes:

• Physical harm or attempted harm
• Sexual assault
• Threats of harm or harassment
• Destruction of property
• Stalking or disturbing the peace of another

Abuse does not require physical injury. Verbal threats, emotional abuse, and coercive control may qualify if they place the victim in reasonable fear of harm.

The law applies to spouses, ex-spouses, cohabitants, dating partners, co-parents, and close family members.

Types of Restraining Orders in California

California offers several forms of restraining orders under the Domestic Violence Prevention Act (DVPA):

1. Emergency Protective Order (EPO):
   • Issued by law enforcement (via a judge) when responding to a domestic call
   • Effective immediately and typically lasts 5–7 days
2. Temporary Restraining Order (TRO):
   • Requested by the victim through the court (Form DV-100)
   • Granted the same day, usually without the accused present (ex parte)
   • Effective until the hearing date (usually 21–25 days)
3. Permanent Restraining Order (DVRO):
   • Issued after a court hearing with both parties present
   • Can last up to 5 years and be renewed permanently

What Does a DVRO Do?

A Domestic Violence Restraining Order can:

• Prohibit all contact (in person, phone, email, text)
• Remove the abuser from a shared home
• Order temporary child custody and visitation
• Require surrender of firearms (mandatory under Penal Code § 29825)
• Prevent attendance at school or workplace
• Provide for child or spousal support

Legal Standards and Burden of Proof

To obtain a DVRO, the petitioner must show clear and convincing evidence that abuse occurred. The judge evaluates:

• Credibility of parties and witnesses
• Police reports and medical records
• Text messages, voicemails, and emails
• Testimony about fear, control, and harm

False accusations can have severe legal consequences, including perjury charges and denial of future custody rights.

Child Custody and Domestic Violence: Family Code § 3044

California law creates a rebuttable presumption that awarding custody to a parent who has committed domestic violence is not in the best interest of the child.

To rebut the presumption, the accused must show:

• Successful completion of a batterer’s program
• No further incidents of abuse
• Continued involvement in the child’s life
• Full compliance with court orders

This statute is crucial in shaping custody and visitation orders in DVRO cases.

Steps to File for a Restraining Order in California

1. Complete DV-100, DV-110, and related forms
2. File at your local family court (San Diego residents typically file at the Family Court on 6th Avenue)
3. Request ex parte orders if immediate protection is needed
4. Serve the restrained party with documents (DV-109)
5. Attend the court hearing within 21–25 days
6. If granted, obtain Form DV-130 (restraining order after hearing)

Our attorneys can assist with form preparation, filing, and advocacy during hearings.

Defense Against False Allegations

False or exaggerated domestic violence claims can result in unjust restraining orders, reputational harm, and custody restrictions. If you have been wrongly accused, you have the right to:

• Present evidence in your defense
• Cross-examine your accuser
• Request an evidentiary hearing
• Challenge hearsay and unverified allegations

We defend clients vigorously against restraining orders that are misused for leverage in custody or divorce proceedings.

Enforcement and Violation of Restraining Orders

Violating a DVRO is a criminal offense under Penal Code § 273.6. Consequences may include:

• Arrest
• Jail time (up to 1 year for misdemeanors)
• Fines and probation
• Extension or strengthening of existing orders

Victims can call police immediately and document violations. We assist with court filings, show cause motions, and contempt proceedings.

Extension and Renewal of Orders

If a DVRO is nearing expiration, it can be renewed permanently under Family Code § 6345 without showing further abuse. The petitioner only needs to demonstrate a reasonable fear that abuse may resume.

Domestic Violence Resources in San Diego

• San Diego Family Justice Center
• YWCA of San Diego County (Becky’s House)
• Center for Community Solutions (24-hour crisis line)
• Legal Aid Society of San Diego
• Domestic Violence Hotline: 1-800-799-SAFE (7233)

We work closely with support services to provide full protection and care.

Why Choose SD Law Center for DVRO Representation?

• Emergency response and same-day filings
• Experienced litigation team for contested hearings
• Bilingual staff for Spanish-speaking clients
• Trauma-informed advocacy
• Aggressive defense for wrongfully accused individuals

Frequently Asked Questions (FAQs)

Do I need a lawyer to file a restraining order? While not required, having an attorney greatly increases your chances of success and protection.

Can a DVRO affect child custody? Yes. Courts often modify custody to protect children from exposure to violence.

Will the restrained person go to jail? Not automatically. Jail only occurs if the order is violated or if criminal charges are filed.

Can I renew a DVRO even if there’s been no new abuse? Yes. You only need to show a reasonable fear that abuse may resume.

Schedule a Confidential Consultation

Whether you need protection or are defending your rights, SD Law Center provides strong, sensitive, and effective legal representation in domestic violence cases.