Domestic violence restraining orders in California can contain protections that go beyond no-contact and stay-away provisions. When children are involved, the family court may also need to consider whether access to information about the child could create safety concerns.

California law allows a court in a Domestic Violence Restraining Order proceeding to restrict a party from accessing certain records and information concerning a minor child. This can include information relating to the child’s health care, education, daycare, recreational activities, or employment.

What Types of Child Information Can a DVRO Restrict?

A qualifying order can restrict access to records and information involving several parts of a child’s life.

This can include information about:

• Health care;
• School and education;
• Daycare;
• Recreational activities; and
• Employment.

These records may contain information that reveals where a child regularly spends time, who provides care, where activities occur, or other details relevant to the child’s location and routine.

Restricting access can therefore serve a protective purpose when the circumstances justify such an order.

Why Might Access to a Child’s Records Create a Safety Concern?

Ordinarily, information about a child’s school, medical providers, or activities may be part of routine parenting.

Domestic violence cases can present different circumstances.

If information obtained through a school, health care provider, daycare, or recreational program could be used to locate or contact a protected person or child in violation of protective arrangements, unrestricted access may undermine the effectiveness of other restraining orders.

The court can therefore consider whether limiting access to particular records is necessary as part of the broader protective framework.

Can a DVRO Include Other Child-Related Protective Orders?

Yes.

California courts can make temporary child custody and visitation orders in a Domestic Violence Prevention Act proceeding when the applicable parent-child relationship has been established. Custody orders can be accompanied by additional protections when necessary.

California’s domestic violence procedures also provide mechanisms for requesting orders designed to prevent child abduction. These may address issues such as travel and removal of a child.

Importantly, custody and visitation orders made through a DVRO proceeding can survive the expiration or termination of the protective portion of the restraining order.

A California DVRO Can Address Information as Well as Physical Contact

Safety planning is not always limited to keeping two people physically apart.

Information can matter too. A child’s school, daycare, medical provider, activities, or employment may reveal patterns and locations that affect the safety of the child or protected parent.

California’s DVRO process allows the family court to address those concerns by restricting access to specified child-related records when appropriate.

For parents requesting or responding to a California Domestic Violence Restraining Order, carefully reviewing the child-related provisions is important. A DVRO may affect not only direct contact and physical proximity, but also access to information that could reveal details about a child’s daily life and whereabouts.