Domestic violence can sometimes involve more than one legal proceeding. A person may already have access to a criminal protective order because of a criminal case and wonder whether that prevents them from seeking protection through California family court.

California’s Domestic Violence Prevention Act is designed to provide relief in addition to other civil or criminal remedies that may be available. The existence of another protective remedy does not, by itself, eliminate the availability of a Domestic Violence Restraining Order when the requirements for DVPA relief are otherwise satisfied.

A Criminal Protective Order and a DVRO Come From Different Proceedings

A criminal protective order can arise through a criminal case.

A California Domestic Violence Restraining Order, by contrast, is issued through the civil family law process under the Domestic Violence Prevention Act.

Because these orders arise through different legal proceedings, someone should not assume that obtaining protection in one system necessarily prevents protective relief through the other.

The DVPA expressly contemplates that its remedies can exist alongside other available civil and criminal remedies.

A DVRO Proceeding Can Address Related Family Law Issues

One important feature of the DVPA is the range of family law orders that can potentially be addressed within the proceeding.

California courts may issue qualifying orders concerning child custody, child support, spousal support, and property control or restraint without requiring the parties to file a separate family law action solely to address each of those issues.

This can be especially important when domestic violence occurs during a separation and immediate questions exist about children, finances, or use of property.

The proceeding therefore may involve more than a prohibition against contacting or approaching the protected person.

Protective Relief Is Intended to Prevent Future Abuse

The purpose of a California DVRO is protective rather than punitive.

The DVPA is intended to prevent domestic violence, abuse, and sexual abuse and to provide sufficient separation for the people involved to address the circumstances surrounding the violence. California authority emphasizes that restraining orders are intended to prevent future domestic violence and abuse rather than punish someone for past conduct.

That distinction is important when evaluating the role of a DVRO alongside criminal proceedings.

Multiple Proceedings Require Careful Attention to the Actual Orders

When more than one protective order exists, the parties should carefully review the terms of each order rather than assuming they are identical.

Different courts may be addressing different legal issues, and the existence of a criminal proceeding does not automatically eliminate the family court’s ability to provide qualifying DVPA relief.

California’s domestic violence framework is designed to provide protective options that can operate alongside other remedies. For someone facing domestic violence while a criminal matter or another protective order already exists, the availability of that remedy does not necessarily prevent a California family court from considering a properly supported request for a Domestic Violence Restraining Order.