Domestic Violence Restraining Orders in CaliforniaCalifornia Penal Code § 273.6
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When a Restraining Order is Filed or Threatened
If you’re facing a restraining order in a domestic violence context, the stakes are significant. These orders can impact where you can live, whether you can see your children, your employment, and your freedom. At Virtuoso Criminal and DUI Lawyers, we understand how emotionally charged and legally complex these situations become—and we are here to help you navigate every step.
What Is a Domestic Violence Restraining Order? (DVRO)
In California, the court may issue a protective order when allegations of domestic violence arise. The law recognizes several types:
Emergency protective orders issued by law enforcement shortly after an incident.
Criminal protective orders entered by a court as part of a pending or resolved criminal case.
Civil domestic violence restraining orders filed by the alleged victim in family court.
Each type carries serious consequences. For example, a criminal protective order in a domestic violence case can last up to 10 years.
Why It Matters Deeply
Restraining orders in domestic violence cases aren’t simply about staying away from someone—they often come bundled with requirements and restrictions, including:
No contact (directly or through others) with the protected person
Staying out of shared home or neighborhood
Restrictions on appearing in certain areas or around shared children
Weapon surrender or firearm restrictions
Impact on custody, visitation, and employment
Violation of a protective order isn’t just a procedural matter—it can bring new criminal charges or loss of bail.
How We Help
At Virtuoso, we provide comprehensive defense and representation specifically tailored to these high-stakes situations. Our approach includes:
Typical Process in a Restraining Order Case
Initial Allegation / Arrest – Law enforcement may issue an emergency order, and you may be arrested or cited.
Protective Order Hearing – A court reviews whether to issue a longer-term protective order. The burden is lower than a criminal trial.
Criminal Case or Civil Hearing – Depending on whether charges are filed or a civil petition is brought, hearings proceed accordingly.
Defense & Motion Strategy – We analyze evidence (police reports, witness statements, digital communications) and determine whether the order can be modified or dismissed.
Resolution – The matter might resolve by dismissal, plea, modification of the order, or full trial. Regardless, we work to protect your future.
Key Questions Our Clients Ask
Even false or exaggerated allegations must be addressed. A protective order can be granted based on relatively little proof of risk. Our role is to challenge that evidence and protect your rights.
Yes. A criminal protective order can last up to ten years, even after probation or sentencing.
Not entirely. Courts may issue protective orders “on their own motion,” meaning the hearing process continues even if the alleged victim does not want the order.
Why Choose Virtuoso for Your Defense?
We are 24/7 available so you can call us any time your situation changes.
You get experienced domestic violence defense attorneys who handle tomorrow’s consequences today.
We offer a free, no-obligation consultation so you can understand your rights before moving forward.
Our focus is on listening, protecting your rights, and fighting for your future.
Clips of Counsel: Watch and Learn
DV Defense
What is a DVRO?
"Daniel Vaswani, lead attorney at Virtuoso Criminal and DUI Lawyers, explains the complicated process of a DUI arrest and the importance of hiring the right lawyer."
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Episode 02
Meeting Your Attorney Before Court Can Change Your Life
"Attorney Joe McPeak from Virtuoso Criminal and DUI Lawyers discusses important defense strategies for domestic violence cases."
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Episode 03
Expert Strategies for Domestic Violence Defense
"Discover how speaking with an attorney just days before your court date can dramatically impact your chances of release."
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