Domestic Violence Restraining Orders

Based in San Jose · Serving Santa Clara & Alameda Counties

Vijay Law represents petitioners and respondents in Domestic Violence Restraining Order (DVRO) matters. DVROs are our bread and butter — we have substantial trial experience on both sides of these cases including mutual DVROs and cases that intersect with criminal and family law.

About DVRO Cases In California

A DVRO is a civil court order under the Domestic Violence Prevention Act that restricts contact and conduct between people in a defined domestic relationship. It can include stay-away orders, no-contact orders, move-out orders, custody, and support. The hearing functions as a trial — with witnesses, evidence, and cross-examination. The consequences reach into custody, immigration, employment, professional licensing, and firearm rights.

WHAT'S AT STAKE

Custody And Visitation

FC § 3044 Presumption Against Custody For 5 Years

Public Record

CLETS Entry And Background Check Visibility

Immigration Status

Visa Renewals And Adjustment Of Status Risk

Professional Licensing

Healthcare, Legal, Real Estate Disclosure Requirements

Firearms

Federal And State Firearm Prohibitions

Employment

Background Check Visibility And Some Industry Bars

Move-Out Orders

Loss Of Residence Access For Up To 5 Years

Permanent Renewal

Reasonable Apprehension Standard Under FC § 6345

How Vijay Law Approaches DVROs

Both Sides Of The Matter
We represent petitioners seeking protection and respondents defending against DVRO petitions. Both sides require the same evidentiary discipline; the strategic goals differ. Petitioner and respondent representation makes the firm credible on both sides of the courtroom.
The DVRO-Criminal Case Intersection
Many DVROs run alongside criminal domestic violence charges. The two cases affect each other — testimony in one can be used in the other, and the criminal protective order can complicate the DVRO custody analysis. We handle both proceedings together when they coexist.
FC § 6309 Discovery In DVRO Proceedings
FC § 6309 provides discovery rights in DVRO matters that most lawyers do not use. Subpoenas, depositions, and document production can transform a case. We actively pursue 6309 discovery to surface evidence that affects credibility and outcome.
Trial-Ready In All Cases
The DVRO hearing is a trial. We bring criminal-defense-trained preparation — witness preparation, evidentiary objections, cross-examination, motions in limine — to every DVRO proceeding. Self-represented parties commonly lose on procedural issues that proper preparation would address.

Explore DVRO Topics

Frequently Asked Questions

What is a DVRO?

A Domestic Violence Restraining Order (DVRO) is a civil (family) court order issued under California’s Domestic Violence Prevention Act that restricts contact and conduct between people in a defined domestic relationship. It is issued by the family court and can include stay-away orders, no-contact orders, move-out orders, support orders, and other related orders. A DVRO can last up to five years initially with permanent renewal possible.

A DVRO can be issued for up to five years initially. Under Family Code section 6345, it can be renewed – including permanently – without re-litigating the underlying conduct. The renewal standard is reasonable apprehension of future abuse, not re-proof of past abuse.

Yes. DVROs are entered into the California Law Enforcement Telecommunications System (CLETS) and appear on background checks. Employer background check visibility varies depending on the type of check, but professional licensing boards typically see them.

Yes. A DVRO is not itself a criminal conviction, but it likely will show up in the background check that employers and federal immigration authorities conduct. This can possibly affect or delay visa renewals and complicate adjustment of status. Findings of abuse can be raised against the respondent in other related immigration proceedings. That said, a criminal domestic violence arrest and charge that often arises from the same incident that causes a DVRO to be filed, is typically the larger immigration concern.

Yes, for the initial Domestic Violence Temporary Restraining Order (DVTRO), which is issued ex parte based on the petitioner’s declaration. The respondent is then served and has the right to oppose the DVRO at a hearing typically held within 21 days. A DVRO cannot become permanent without notice and a hearing where the respondent can appear and request a contested trial.

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Phone Number: (408) 275-2307

Office: 255 North Market Street, Suite 280, San Jose, CA 95110

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