Understanding DVTROs in California: Protection, Process, and What to Expect
Domestic violence is a serious and urgent issue—and California law provides powerful tools to protect victims and prevent further harm. One of the most immediate remedies available is a Domestic Violence Temporary Restraining Order (DVTRO). At WeCan Legal APC, we help clients navigate this process with urgency, discretion, and strategic care.
Whether you’re seeking protection or responding to a restraining order, understanding how DVTROs work is essential to safeguarding your rights and safety.
What Is a DVTRO?
A DVTRO is a court-issued order that provides immediate protection to a person who has experienced abuse or threats from an intimate partner, family member, or household member. It’s called “temporary” because it’s issued before a full hearing and typically lasts up to 21 days—though it can be extended until the court holds a hearing for a longer-term order.
DVTROs are governed by the California Domestic Violence Prevention Act (DVPA), codified in Family Code §§ 6200–6409.
Who Can Request a DVTRO?
You may request a DVTRO if you’ve experienced abuse from someone with whom you have a qualifying relationship, including:
• A current or former spouse or domestic partner
• Someone you live with or used to live with
• A person you’re dating or have dated
• The other parent of your child
• A close relative (e.g., sibling, parent, grandparent)
Abuse isn’t limited to physical violence. It can include:
• Threats or intimidation
• Harassment or stalking
• Sexual assault
• Destruction of property
• Emotional or psychological abuse
California courts take a broad view of abuse under Family Code § 6203, recognizing patterns of coercive control and non-physical harm.
What Does a DVTRO Do?
A DVTRO can include a wide range of protective orders, such as:
• No-contact orders (prohibiting calls, texts, emails, or in-person contact)
• Stay-away orders (requiring the restrained person to stay a certain distance away)
• Exclusive use of a shared residence
• Temporary child custody and visitation restrictions
• Orders to surrender firearms
• Orders prohibiting further abuse or harassment
These orders are enforceable by law enforcement and can be life-saving in high-risk situations.
How to Request a DVTRO
To request a DVTRO, you must file the following forms with the family court:
• Request for Domestic Violence Restraining Order (Form DV-100)
• Temporary Restraining Order (Form DV-110)
• Confidential CLETS Information (Form CLETS-001)
You’ll also need to submit a detailed declaration describing the abuse, threats, and why protection is needed. At WeCan Legal APC, we help clients craft compelling declarations that meet judicial standards and clearly establish the need for protection.
Once filed, the court will typically review the request the same day or within 24 hours. If granted, the DVTRO becomes effective immediately and must be served on the restrained person.
What Happens Next: The Hearing
After the DVTRO is issued, the court will schedule a hearing—usually within 21 days—to determine whether a permanent restraining order should be granted. This hearing is critical, and both parties have the right to present evidence, call witnesses, and cross-examine.
At the hearing, the judge may:
• Extend the restraining order for up to five years
• Modify custody or visitation orders
• Issue orders for support or property control
• Deny the request if insufficient evidence is presented
Legal representation is strongly recommended. At WeCan Legal APC, we prepare clients thoroughly for these hearings, whether they’re seeking protection or defending against allegations.
Responding to a DVTRO
If you’ve been served with a DVTRO, take it seriously. Violating the order can result in criminal charges, jail time, and long-term consequences in family court.
You have the right to:
• Review the allegations
• File a response (Form DV-120)
• Attend the hearing and present your side
• Request modifications or clarifications
We help clients respond strategically, protect their rights, and avoid escalation—especially in cases involving custody or false allegations.
Post-Hearing Considerations
If a permanent restraining order is granted, it may affect:
• Custody and visitation rights
• Firearm ownership (prohibited under Penal Code § 29825)
• Employment (especially in law enforcement, education, or healthcare)
• Immigration status (in certain cases)
Restraining orders are also entered into the California Law Enforcement Telecommunications System (CLETS), making them accessible to police statewide.
If circumstances change, either party may request a modification or termination of the order. Courts will consider new evidence, compliance history, and the safety of all parties involved.
Final Thoughts
DVTROs are powerful legal tools—but they must be used carefully and strategically. Whether you’re seeking protection or responding to a restraining order, the stakes are high. At WeCan Legal APC, we bring deep experience, compassionate advocacy, and courtroom precision to every domestic violence case.
If you’re facing a situation involving abuse, threats, or restraining orders, contact our team today. We’ll help you understand your options, protect your rights, and move forward with safety and confidence.