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You file a petition (DV-100 form) with the family court — the San Diego courthouse closest to you, or any courthouse if you fled for safety. A judge reviews it the same day and can issue a temporary restraining order without the abuser present. A hearing follows within about 21 days, where a five-year order can be granted. You can do this without a lawyer, but a lawyer prepares the declaration and represents you at the hearing. If you are in immediate danger, call 911 — an officer can request an emergency protective order on the spot.
An emergency protective order lasts 5 court days or 7 calendar days. A temporary restraining order lasts until the hearing — usually within 21 days. The order issued after the hearing can last up to five years, and it can be renewed for another five years or made permanent without proving new abuse.
Yes. California Civil Code 1708.6 creates the tort of domestic violence: a civil lawsuit against the abuser for medical and therapy costs, lost income, pain and suffering, and punitive damages in cases of malicious or oppressive conduct. The civil case is separate from any criminal case and is decided on a lower standard of proof — preponderance of the evidence.
Three years from the date of the last act of domestic violence (Code of Civil Procedure 340.15). The clock resets with each qualifying act. But evidence fades faster than the deadline — messages get deleted, witnesses move, and records age. The practical answer: sooner is always stronger.
The Domestic Violence Prevention Act (Family Code 6211) covers abuse against a spouse or former spouse, cohabitant, dating partner or former dating partner, the other parent of your child, or a close relative (child, parent, sibling, in-law). Abuse includes physical harm, credible threats, sexual assault, stalking, harassment, disturbing your peace, and destroying personal property.
Both sides present evidence and testimony, and the judge decides whether abuse occurred and protection is warranted — on a preponderance of the evidence, not beyond a reasonable doubt. You testify first, the other side responds, and the judge usually rules from the bench. The same hearing can set custody, support, and move-out orders.
Yes — the courts provide forms and help centers, and many people file on their own. The honest tradeoff: the declaration is the case when there is no hearing, and self-represented parties routinely lose winnable hearings on preparation, not facts. A lawyer writes the declaration courts look for, organizes the evidence, and stands with you at the hearing. The consultation is free — you lose nothing by knowing your options.
It should — that is the point of Family Code 3044: a parent who perpetrated domestic violence within the last five years is presumed unfit for custody and must prove otherwise to the court. The DVRO findings feed directly into custody and visitation decisions, which is why the DVRO case and the custody case are really one case.
Not always. If you believe your device or accounts are monitored, use a device the abuser has never had access to — a library computer, a work device, or a trusted friend's phone — for legal calls and messages. Tell us at the first contact that your device may not be safe; we will communicate through a channel that is. Your communications with your attorney are privileged and confidential — protecting the device protects the privilege.
The consultation is free and confidential. Domestic violence civil lawsuits for damages are handled on contingency — no fee unless we win, the fee comes from the recovery. Restraining order and family law matters are handled under a written fee agreement explained in full before anything begins. We will tell you plainly what your case needs and what it costs — and if there is a free path, we will tell you that too.
You need a declaration that states the abuse specifically — dates, acts, threats, and anything else that shows the judge why protection is needed. Evidence helps enormously: photographs, messages, medical records, police report numbers, and witness names all support the declaration, but a detailed, truthful account is itself evidence and can carry the day. The more you document, the stronger the order.
Keep a private log: date, time, what happened, who saw it, and how it made you feel. Save every message, call log, and email — printed or exported somewhere the abuser cannot reach. Photograph injuries and damage. Ask doctors to record your account. Keep police report numbers. Do not keep the log where it can be found; a password-protected account or a trusted friend's home is safer.
In immediate danger, call 911 — an officer can request an emergency protective order on the spot. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. For a restraining order, the San Diego Superior Court has a self-help center at the Family Court on Union Street, or an attorney can prepare and file the petition with you. Every path starts with safety first — then the paperwork.
Yes. A domestic violence restraining order can order the restrained person to move out of a shared home — a move-out order. The court can also order them to stay 100 yards from you, your home, your work, and your children's school, and to have no contact by phone, text, email, or through third parties.
Yes. Abusers monitor through shared accounts, location sharing, family plans, and apps installed without your knowledge — assume the abuser knows everything the device knows until you check. For legal calls and messages, use a device the abuser has never had access to.
A temporary restraining order lasts from the day it is issued until the hearing — usually within 21 days (Family Code 242). An emergency protective order lasts 5 court days or 7 calendar days. The order issued after the hearing can last up to five years, and it can be renewed.
The consultation is free and confidential. Restraining order matters are handled under a written fee agreement explained in full before anything begins — we tell you plainly what your case needs and what it costs, and if there is a free path, we tell you that too.
File a petition — Form DV-100 — with the San Diego Superior Court family court at 1100 Union St downtown, or any courthouse if you fled for safety. A judge reviews it the same day and can issue a temporary restraining order without the abuser present; a hearing follows within about 21 days.
The emergency protective order: when law enforcement responds to a domestic violence call, an officer can request one from a judge by phone — any hour, any day — and it protects you for five court days or seven calendar days. Then file for a temporary restraining order before it expires, so the protection never lapses.
A TRO is a temporary restraining order. A judge issues it the same day you file your petition, without the abuser present or notified, and it protects you from the moment it is served until the full hearing — which the court sets within 21 days.
A declaration that states the abuse specifically — dates, acts, threats, and why you fear future harm. Because a temporary order issues on your words alone, the written declaration is everything: vague language produces weak orders. Photographs, messages, and records support it.
You can — the courts provide forms and help centers, and many people file on their own. The tradeoff: the declaration is the case when there is no hearing, and self-represented parties routinely lose winnable hearings on preparation, not facts. The consultation is free — you lose nothing by knowing your options.
The consultation is free. Restraining order matters are handled under a written fee agreement explained in full before anything begins. Civil damages lawsuits are handled on contingency — no fee unless we win, and the fee comes from the recovery.
A civil harassment restraining order (Code of Civil Procedure 527.6) protects against harassment, stalking, and credible threats from neighbors, coworkers, or anyone outside a domestic relationship. A judge can issue a temporary order the same day, and a granted order can last up to five years.
Prepare the record: your declaration, photographs, messages, medical records, police reports, and witnesses. The standard is preponderance of the evidence, and the other side's strategy is predictable — deny, minimize, blame. A prepared witness and a complete record answer it.
Yes. A temporary restraining order is issued ex parte — the judge decides on the petitioner's declaration alone, and the abuser is not notified first. The restrained person learns of the order when it is served, and can respond at the hearing.
A stay-away order requires the restrained person to keep a set distance from you — the standard is 100 yards — from your home, your work, and your children's school, and to have no contact by phone, text, email, or through third parties.
Three layers: an emergency protective order requested by law enforcement at the scene (up to 7 days), a temporary restraining order issued the same day you file (protection until the hearing, usually within 21 days), and a permanent order after the hearing — up to five years, renewable.
Yes. Shared accounts, family plans, and location features like 'Find My' broadcast your location. Assume the abuser knows everything the device knows until you check — separate the accounts, disable location sharing, and use a device the abuser has never accessed for legal matters.
Monitoring is hard to detect, which is why the safe rule is to assume it: shared accounts, family plans, and apps installed without your knowledge all give an abuser a window into your activity. For legal matters, use a device the abuser has never had access to.
