1. Filing the Request for DVRO
What Happens:

• The petitioner completes form DV-100 and related documents

• Allegations involve abuse or threats by a spouse, partner, relative, or co-parent

• Requests for immediate orders and protective relief

2. Temporary Restraining Order (TRO)
What Happens:

• Judge reviews request quickly, often the same day

• TRO can cover personal conduct, stay-away orders, custody, move-outs, and firearm restrictions

• TRO remains in effect until the hearing

3. Service and Preparation for Hearing
What Happens:

• Respondent must be served with notice of the hearing and TRO

• Each side gathers evidence, prepares witness statements, and considers legal defenses

• Respondents may file a DV-120 Response; Respondent is entitled to one continuance of the hearing as a matter of law. A standard continuance will usually be for 3-4 weeks, however if a “long cause” evidentiary hearing is requested, the continuance could be for several months depending on the court’s availability

• Restrained party may also want to file a cross-petition against the protected party

• Pro: This can often balance the scales and create incentive to dismiss both

• Con: If no settlement achieved, Judge may be inclined to grant both restraining orders, which is often a lose-lose scenario and both parties’ careers, parental rights, and ability to travel can be impacted.

• Respondent may request reasonable modifications of the TRO while the case is pending (this is often helpful when child visitation is impacted by a TRO; judge may make exceptions to allow for the restrained party to still have time with the children; judge can also make orders allowing the restrained party to retrieve personal belongings from the home if they were forced to move out)

• In some cases, a DVRO petition may be related to a criminal prosecution. As a general rule, restrained parties who are also facing criminal charges have a right to invoke their 5th Amendment right against self-incrimination since testimony offered at the DVRO hearing could potentially be used as evidence in the criminal proceedings. When this happens, the DVRO case usually gets postponed until the criminal matter is resolved since a full and fair hearing requires the testimony of both parties.


4. Court Hearing
What Happens:

• Both parties testify and present arguments (typically 20-minute hearing unless “long cause” requested

• If a “long cause” evidentiary hearing is set, parties may call additional witnesses to testify. A long cause typically takes at least half a day, but can last several days if there is substantial evidence and testimony to present

• Long cause hearings are usually set several months out, which can be beneficial to the respondent as tensions tend to cool over time and the parties have a better chance of reaching an informal agreement further down the road. Downside to setting long cause hearing is that the temporary restraining order remains in effect until the hearing, which means the TRO may be in place for several months leading up to the hearing and present evidence (text messages, photos, witnesses)

• Judge may grant a restraining order for up to 5 years

• Custody, visitation, and support orders may also be included

• If child custody is involved, a party against whom a DVRO is imposed is presumed to be ineligible for child custody, and must overcome the Fam. Code § 3044 presumption in order to share in child custody while the orders are in effect

5. After the Hearing
What Happens:

• Judge can impose orders ranging from a temporary cooling off period (which is not entered into law enforcement databases; or

• Judge can impose a “permanent order” lasting from 1-5 years. Permanent orders are 
and entered into law enforcement databases

• Violations may result in arrest or criminal prosecution

• Parties may seek modification or termination over time. Court requires a stipulation along with an explanation justifying the modification or termination, but the judge will rarely deny a request when stipulated by both parties