In California, there are three primary types of protection orders, each serving a different purpose:
Emergency Protective Order (EPO): Issued by law enforcement when there is an immediate threat of harm. It goes into effect right away and typically lasts up to 7 days. It can remove the other party from the home and prohibit all contact.
Temporary Restraining Order (TRO): A TRO is requested through the court and can often be issued within twenty-four hours without notifying the other party in advance. It provides protection until the court hearing, usually 3–4 weeks later. In addition to “stay away” orders, a TRO can address custody, visitation, and temporary financial support.
Domestic Violence Restraining Order (DVRO): This is the longer-term order issued after a hearing where both sides present evidence. If granted, it can last up to 5 years and can significantly impact custody, support, and property issues moving forward.
What Is the California Domestic Violence Prevention Act?
The California Domestic Violence Prevention Act (DVPA) is in place to stop the cycle of abuse by giving victims a way to access protection. Abuse isn’t limited to physical violence; it also includes sexual abuse, financial abuse, stalking, coercive control, emotional abuse, and harassment. Anyone who is or was in a romantic relationship, shares a child with, or lives in the same house as their abuser can seek legal restraining orders.
Victims don’t have to wait to be physically harmed before seeking help because California law considers emotional and psychological abuse as grounds for legal intervention. Filing for protection requires the victim to submit specific forms to the court that demonstrate the history of abuse. Therefore, judges can decide on the safety of everyone affected, including the victim and any children involved.
How Do I Obtain a Protective Order as an Abuse Victim?
If you are in immediate danger, call law enforcement, they can request an emergency protective order on your behalf. Otherwise, the next step is filing for a temporary restraining order with the court. This involves preparing a declaration explaining what has happened and why protection is necessary.
Is there Legal Support for Domestic Abuse Victims?
Seeking legal protection is a critical part of extracting yourself from an abusive relationship. Always contact law enforcement first if your spouse is threatening violence or has acted violently. Temporary protective orders can provide space between you and your abuser so you have time to plan your next steps.
At Bremer Whyte Brown & O’Meara, we regularly work with clients navigating these situations and understand both the legal and practical challenges involved. These cases often impact more than just immediate safety - they can affect child custody, support, and long-term planning. Our role is to guide you through that process strategically and efficiently.
Contact a divorce attorney in San Diego today for all your concerns.
Frequently Asked Questions
Will a Protective Order Impact My Divorce?
A protective order will affect your divorce case because it can directly impact child custody and parenting time, including whether visitation is restricted or supervised. The court will consider the evidence from the restraining order hearing when addressing spousal support. More broadly, a finding of domestic violence can influence the overall posture of the case, including settlement dynamics and how the court views each party’s credibility.
What’s the Difference Between a TRO and a Permanent DVRO?
A TRO is issued on a short-term basis - often within a day or two of filing - and remains in place until the hearing, typically 20 - 25 days later. It is based on one party’s written declaration. A DVRO is issued after a hearing where parties have the opportunity to present evidence and testimony. If granted, it can last up to five years and carry more significant, longer-term consequences.
How Much Does It Cost to Get a Restraining Order in California?
In California, filing fees are waived for domestic violence restraining orders so that anyone can apply. However, if you choose to retain counsel, you will be responsible for the attorney’s fees. If you prevail, the court can order the restrained party to pay your reasonable attorney’s fees and costs associated with the domestic violence hearing.
How Does a Judge Determine if an Order Is Needed?
The court looks at whether there has been past abuse or whether there is a reasonable likelihood of future harm. “Abuse” under California law is broadly defined and includes not only physical violence, but also threats, harassment, coercive control, and conduct that disturbs the peace of the other party. Judges rely heavily on the credibility and detail of the evidence presented. The legal standard is “preponderance of the evidence,” meaning it is more likely than not that abuse occurred.