Domestic Violence Restraining Orders
DOMESTIC VIOLENCE RESTRAINING ORDER ATTORNEY SERVING THE SAN FRANCISCO BAY AREA
If you are experiencing domestic violence or have been threatened by a current or former partner, a domestic violence restraining order can provide immediate legal protection. California law gives courts the authority to act quickly in these situations, and having an experienced attorney by your side from the start can make a critical difference in the outcome.
The Geller Firm represents individuals seeking domestic violence restraining orders throughout the Bay Area, including Alameda, Contra Costa, Marin, San Francisco, Santa Clara, San Mateo, and Solano counties. Every client works directly with Attorney Michael Geller.
WHAT IS DOMESTIC VIOLENCE UNDER CALIFORNIA LAW?
California law defines domestic violence broadly. It is not limited to physical harm. Abuse under California law includes physically harming or attempting to harm someone, sexual assault, making someone reasonably fear that they or someone else is about to be seriously harmed, harassment, stalking, disturbing someone's peace, and destroying someone's personal property.
California also recognizes coercive control as a form of domestic abuse. Verbal, emotional, and psychological abuse are actionable under the same legal framework as physical violence.
Domestic violence protections apply when the parties are or were in an intimate relationship, which California defines to include married couples, domestic partners, couples who are dating or formerly dated, couples who live or have lived together, and couples who share a child.
WHAT IS A DOMESTIC VIOLENCE RESTRAINING ORDER?
A domestic violence restraining order, commonly referred to as a DVRO, is a court order that legally prohibits the restrained person from contacting, harassing, or coming near the protected party. It can also require the restrained person to move out of a shared residence, surrender firearms, and stay away from the protected party's workplace or children's school.
DVROs are civil orders obtained through family court. They are separate from any criminal proceedings that may arise from the same conduct, and a criminal conviction is not required to obtain one.
HOW DO YOU OBTAIN A RESTRAINING ORDER IN CALIFORNIA?
The process begins by filing specific forms with the family court in the appropriate county. The filing describes the abuse or threatening behavior and explains why protection is needed. A judge reviews the filing, typically the same day, and decides whether to issue a temporary restraining order.
If granted, the temporary restraining order remains in effect until a hearing, usually scheduled within 21 days. At the hearing, both parties have the opportunity to present evidence. If the court finds sufficient grounds, it can issue a permanent restraining order lasting up to five years, with the option to renew.
WHAT EVIDENCE IS NEEDED TO OBTAIN A DVRO IN CALIFORNIA?
The standard of proof for a domestic violence restraining order is preponderance of the evidence, meaning it is more likely than not that the abuse occurred and that protection is warranted. This is a lower bar than the beyond a reasonable doubt standard used in criminal cases.
Evidence commonly presented in DVRO proceedings includes photographs of injuries, text messages, emails, voicemails, witness statements, medical records, and police reports. A detailed and credible account of the abuse, supported by whatever documentation is available, forms the foundation of a strong petition.
An attorney can help you identify, organize, and present the evidence most effectively, and prepare you for what to expect at the hearing.
WHAT IF YOU HAVE BEEN SERVED WITH A RESTRAINING ORDER?
Being named as the restrained party in a DVRO proceeding has serious consequences, including restrictions on your movement, potential loss of firearm rights, and impact on any related custody proceedings. You have the right to contest the order at the hearing and to present your own evidence.
If you have been served with a temporary restraining order, time is short. The hearing will be scheduled quickly, and preparation matters. Contact an attorney as soon as possible.
SPEAK WITH A CALIFORNIA DVRO ATTORNEY
Whether you are seeking protection or responding to a restraining order, The Geller Firm is available to help. Consultations are offered in person or virtually throughout the Bay Area. You will speak directly with Attorney Michael Geller.
Contact The Geller Firm today to schedule your confidential consultation.
