Domestic Violence Restraining Orders

In Los Angeles, accusations of domestic violence can drastically impact your freedom, reputation, and even your relationship with your children. If you're seeking protection—or facing a Domestic Violence Restraining Order (DVRO)—it’s important to understand what legally qualifies as domestic violence under California law.

Domestic Violence includes various harmful behaviors that inflict pain and suffering. It is not limited to physical or sexual assault, but also covers emotional, and financial abuse. Acts such as threats of abuse, stalking, hitting, pushing, slapping, choking, disturbing your peace and destruction of your property are likewise recognized as domestic violence.

Required Relationship For a Domestic Violence Restraining Order

Under California Family Code § 6203, domestic violence is defined as abuse committed against someone with whom you have—or previously had—a close personal relationship. This includes:

• A current or former spouse
• A current or former dating partner
• A cohabitant (someone you live or lived with)
• The parent of your child
• A close family member either by blood or marriage.

Real-Life Examples of Domestic Violence

Not sure what qualifies? Here are a few simplified examples seen in Los Angeles DVRO hearings:

• Physical Threats During a Breakup – A man tells his ex-girlfriend, “If I can’t have you, no one can,” then punches a wall near her head. Even if he never laid a hand on her, that credible threat and act of violence may justify a DVRO.
   
• Verbal Abuse and Isolation – A husband frequently tells his wife she’s worthless, stops her from seeing friends or family, and monitors her text messages. This pattern of control and psychological abuse is domestic violence.
   
• Destruction of Property – During an argument, a woman smashes her boyfriend’s laptop and threatens to burn his clothes. Even though there’s no physical harm, the behavior is intimidating and potentially abusive under DV law.
   
• Repeated Harassing Messages – A former dating partner texts dozens of messages in a single night, some threatening, others obsessive. If this causes fear or emotional distress, it may justify a restraining order.
   

DVRO vs. CHRO

It’s common for people to confuse a Domestic Violence Restraining Order (DVRO) with a Civil Harassment Restraining Order (CHRO), but they’re designed for different types of relationships.

If the person harassing you is a stranger, neighbor, or casual acquaintance, a civil harassment restraining order is more appropriate.

What Happens If You Violate a DVRO?

Violating a Domestic Violence Restraining Order can lead to serious legal consequences, including:

• Arrest and jail time (up to 1 year in county jail under Penal Code § 273.6) for violation of a stay-away court order. It is a misdemeanor.
• Fines and court fees
• Negative impact on child custody or visitation.
   

Even accidental contact can result in arrest if the DVRO clearly prohibits communication. Always review the terms carefully.

Collateral Consequences of Having a Permanent Restraining Order

Here is a clear breakdown of the consequences of having a permanent restraining order (commonly lasting 3–5 years but renewable) on your record:

Public Record

• The fact that a restraining order was issued is usually a matter of public court record.
• Background checks may reveal it (e.g., employers, landlords, licensing agencies).

Employment

• Some employers (especially those requiring security clearances, handling vulnerable populations, or working with weapons) may view a restraining order as a red flag.
• It can affect professional licensing (e.g., law, nursing, security guard permits).

Firearm Rights

• In many states (including California under Family Code § 6389 and Penal Code § 29825), you are prohibited from possessing, owning, or purchasing firearms or ammunition while the order is in effect. This applies to both Domestic Violence Restraining Orders as well as Civil Harassment Restraining Orders.

Reputation & Stigma

• Social stigma — others might perceive you as violent or dangerous even if the underlying allegations were disputed.
• Can strain personal relationships, including child custody or visitation rights.

Future Legal Consequences

• Violating the order is a criminal offense (typically a misdemeanor, but repeat or severe violations can be felonies).
• Future courts may consider the order if you have any other legal issues (e.g., a later family law dispute).

Immigration Consequences

• If you are not a U.S. citizen, a permanent restraining order might complicate visas, green cards, or naturalization proceedings, especially if tied to allegations of domestic violence.
   

Custody & Family Law

• A permanent order can strongly influence custody or visitation. Family courts typically presume that a person subject to a domestic violence restraining order should have limited or supervised contact with children.
   

Our Los Angeles Domestic Violence Attorneys Can Help

If you are facing a domestic violence restraining order or need help obtaining one for your protection, do not navigate this challenging process alone. Our experienced legal team is ready to stand by your side, advocate for your rights, and protect your future. Contact us today for a confidential consultation and let us help you move forward with confidence. Call our office at 213-481-6811 for a confidential consultation today.