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Domestic Violence Restraining Orders

Swift Legal Action to Protect Your Safety and Your Rights

At Ginny Walia Law Offices, we understand that situations involving domestic violence restraining orders require fast, firm, and compassionate legal action. Whether you need to file for a protective order to ensure your safety or defend yourself against false or exaggerated claims, our experienced California domestic violence attorneys will protect your rights and guide you through every step of the process.

Serving clients across the San Francisco Bay Area — including San Jose, Fremont, Oakland, and surrounding counties — our firm has over 20 years of experience handling sensitive family law and criminal defense cases involving domestic violence, restraining orders, and child custody.

Understanding Domestic Violence Protective Orders in California

A Domestic Violence Restraining Order (DVRO) is a court order issued to protect someone from abuse, threats, harassment, or stalking by a spouse, former partner, family member, or cohabitant.

Under California Family Code §6200 et seq., "abuse" includes:

  • Physical assault or injury
  • Threats or intimidation
  • Stalking or harassment
  • Emotional or psychological abuse
  • Destruction of property
  • Controlling or isolating behavior

A restraining order can protect not only you, but also your children and other household members. It can require the restrained person to:

  • Stay away from your home, workplace, or school
  • Stop contacting, calling, or messaging you
  • Move out of your shared residence
  • Refrain from owning or possessing firearms
  • Obey temporary custody or visitation restrictions

Types of Domestic Violence Restraining Orders in California

There are several types of restraining orders, depending on the situation and urgency:

1. Emergency Protective Order (EPO)

  • Issued by law enforcement at the scene of an incident
  • Effective immediately and lasts up to 7 days
  • Designed for immediate safety needs

2. Temporary Restraining Order (TRO)

  • Granted by the court upon filing your request
  • Usually lasts 20–25 days until the hearing date
  • Provides short-term protection while waiting for a full hearing

3. Permanent Restraining Order (DVRO)

  • Issued after a court hearing
  • Can last up to 5 years and be renewed
  • Violating a DVRO is a criminal offense under Penal Code §273.6

How to File a Domestic Violence Restraining Order in California

If you are in immediate danger, call 911 or request an Emergency Protective Order (EPO) through the police. For longer-term protection, you can file for a Domestic Violence Restraining Order in family court.

Here's how our attorneys can help you through the process:

  1. Consultation and Case Evaluation: We assess your situation, evidence, and goals.
  2. Prepare Legal Documents: We help complete Judicial Council Forms DV-100, DV-109, and DV-110 accurately.
  3. File with the Court: We file your request and obtain a Temporary Restraining Order (TRO) if appropriate.
  4. Serve the Respondent: The accused must be properly notified ("served") before the hearing.
  5. Court Hearing Representation: We present your case clearly and persuasively before the judge.
  6. Post-Order Guidance: We ensure enforcement of your order and help with related custody or support issues.

We act swiftly to ensure you and your family are protected — legally, emotionally, and physically.

Defending or Contesting a Restraining Order

If you've been served with a Domestic Violence Restraining Order, it's critical to act immediately. A restraining order can affect your reputation, job, custody rights, immigration status, and even your ability to own a firearm.

At Ginny Walia Law Offices, we defend clients against false or exaggerated domestic violence claims, ensuring your side of the story is heard. We can help you:

  • Gather evidence, witness statements, and communications to support your defense
  • Challenge inconsistencies or lack of proof in the petitioner's case
  • Negotiate peaceful resolutions where possible
  • Protect your parental rights and visitation under California Family Code §3044
  • Avoid long-term impacts on your criminal record and custody arrangements

Our firm combines deep experience in family law and criminal defense, allowing us to handle both restraining order hearings and related domestic violence charges effectively.

Restraining Orders and Child Custody

In family court, domestic violence allegations can have a direct impact on child custody and visitation. California law presumes that granting custody to a parent who has committed domestic violence within the past five years is not in the child's best interest (Family Code §3044).

Whether you are seeking to protect your children or defending your parental rights, our team will ensure your custody case is handled strategically and with compassion.

Why Choose Ginny Walia Law Offices

  • Over 20 years of courtroom experience in family and criminal law
  • Skilled in both filing and defending restraining orders
  • Aggressive representation with a compassionate approach
  • Bilingual legal support (English and Punjabi)
  • Serving San Jose, Fremont, Oakland, Alameda County, Santa Clara County, and surrounding Bay Area regions

We move fast — because in domestic violence cases, time can make all the difference.

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Frequently Asked Questions About Domestic Violence Restraining Orders

You can usually get a Temporary Restraining Order (TRO) the same day you file. A hearing for a Permanent Restraining Order is typically held within 20-25 days.

Yes, a judge must review your request and may hold a hearing where both sides can present evidence.

False allegations can be challenged. Our attorneys can present evidence, witness testimony, and communications to prove your innocence and protect your rights.

Yes. Under Family Code §3044, the court assumes it's not in the child's best interest to give custody to a parent found to have committed domestic violence.

Violating a restraining order is a criminal offense under Penal Code §273.6, and can lead to jail time, fines, and probation.

Yes. You can request to modify or end a restraining order if circumstances change. Our lawyers can help you file the necessary motion and represent you at the hearing.