A California Domestic Violence Restraining Order case can involve more than requests for no-contact or stay-away orders. When children or financial issues are involved, the family court may also be asked to address child custody, visitation, child support, and other matters.

An important procedural point is that a request for child support does not necessarily disappear simply because the court ultimately denies the requested Domestic Violence Restraining Order. California courts can be required to decide properly presented child support requests even when the DVRO itself is denied.

Can You Request Child Support as Part of a California DVRO Case?

Yes.

California’s Domestic Violence Prevention Act allows the family court to issue child support orders in connection with a DVRO proceeding.

This can be especially important when a person enters the family court system by seeking protection and there is not yet a separate divorce or parentage case addressing financial support for the children.

California’s DVRO process is designed to allow courts to address several related family law matters without necessarily requiring the parties to begin a separate action for every issue.

What Happens to Child Support if the Judge Denies the Restraining Order?

A denial of the requested protective order does not automatically dispose of a properly presented child support request.

The family court must address the child support issue even when the DVRO is denied.

This distinction matters because the legal question of whether a restraining order should issue is different from the question of whether a parent has a child support obligation.

A person should therefore not assume that every other request made in the DVRO proceeding automatically succeeds or fails depending on the outcome of the restraining-order request.

Can Custody and Visitation Also Be Addressed in a DVRO Proceeding?

Yes.

California courts can make qualifying child custody and visitation orders in Domestic Violence Prevention Act proceedings.

Parentage can create an additional issue when the legal parent-child relationship has not already been established. A DVPA court may enter a parentage judgment based on the parties’ stipulation when parentage is uncontested. When parentage is contested, however, the DVPA proceeding does not provide the same mechanism for finally resolving that disputed parentage issue.

This can make the procedural history of the family especially important when children are involved.

Some Family Law Orders Can Outlast the Restraining Order

Another important point is that family law orders issued in connection with a DVRO proceeding do not necessarily disappear when the protective order ends.

California permits orders concerning matters such as support, custody, visitation, and property to survive termination of the protective order.

Anyone requesting or responding to a California DVRO should therefore review all requested relief carefully. The proceeding may determine important financial and parenting issues even if the judge ultimately declines to issue the requested restraining order.