A person seeking protection from domestic violence in California may be able to request a Domestic Violence Restraining Order, commonly called a DVRO. In urgent circumstances, the court can consider temporary protection before the other person has appeared at a full hearing. However, a temporary restraining order is only one stage of the process.

Understanding what happens after the initial request can help both petitioners and respondents know what to expect from the California family court.

What Is the Purpose of a Domestic Violence Restraining Order?

California’s domestic violence laws are designed to prevent domestic violence, abuse, and sexual abuse and to provide separation between the people involved so that the underlying situation can be addressed.

A request for a DVRO may be connected to an existing California divorce, legal separation, or other family law proceeding. A DVRO proceeding can also exist separately even when a divorce is not being pursued.

A person requesting protection is generally referred to as the petitioner, while the person against whom the orders are requested is the respondent.

When immediate protection is requested, the court can consider whether temporary restraining orders should be issued before the full hearing. California procedure permits certain domestic violence protective orders to be considered based on the requesting person’s written declaration or testimony, including in circumstances where advance notice has not been provided to the respondent.

The court’s temporary orders, if granted, remain in effect for a limited period while the case proceeds toward a hearing.

What Happens After the Temporary Restraining Order?

The temporary order does not automatically become a long-term restraining order.

A hearing is scheduled so that the court can consider whether a restraining order should remain in place after both sides have an opportunity to be heard. The respondent must be served with the applicable papers so that they receive notice of the allegations, the temporary orders, and the hearing.

A respondent who has been served should carefully review the documents. The paperwork identifies both the allegations made by the petitioner and any temporary orders already issued by the court.

The respondent may file a written response explaining or denying the allegations. The California Judicial Council provides a specific response form for a person responding to a Request for Domestic Violence Restraining Order.

Most importantly, temporary court orders must be followed while they remain in effect. Disagreeing with the allegations does not authorize a respondent to disregard the order before the court hearing.

How Long Can a Restraining Order Last After the Hearing?

After considering the evidence presented at the hearing, the court may issue a restraining order that lasts substantially longer than the initial temporary order.

The source materials explain that a restraining order after hearing may remain in effect for up to five years. That makes the hearing an important stage of the proceeding because the resulting orders may affect the parties well beyond the short period covered by temporary protection.

A restraining order may also potentially be renewed. A person protected by an existing order can request renewal during the three months before the order expires.

Importantly, the source materials state that a new incident of abuse does not have to occur before renewal can be requested. The court may renew an order for another five years or permanently, depending on the circumstances and the court’s determination.

Domestic violence proceedings may also intersect with other California family law issues, including child custody and visitation. The exact orders involved will depend on what has been requested and what the court determines is appropriate.

A Temporary DVRO Is the Beginning of a Court Process

A temporary domestic violence restraining order provides short-term protection while the California family court prepares for a hearing. The hearing gives the court an opportunity to consider whether longer-term orders should be issued after the parties have had an opportunity to present their positions. Because the resulting restraining order may remain in effect for years and may overlap with other family law issues, both petitioners and respondents should take the temporary orders, service requirements, response process, and hearing seriously.