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Irvine Domestic Violence Restraining Order Attorneys (DVROs)

RM Law Group attorneysDomestic violence is a national epidemic, leaving individuals like you feeling hopeless and without options. If your spouse or romantic partner has victimized you, you may be able to seek protection and assistance with a Domestic Violence Restraining Order (DVRO). We understand that this is a big step to take and may feel overwhelming, and we’re here to help.

If domestic violence has turned your life upside down, let the team at RM Law Group help you fight for protection and safety. Call us NOW at 866-706-3160 or reach out online to schedule a consultation.

What is a Domestic Violence Restraining Order?

There are several types of restraining orders in California, and domestic violence restraining orders specifically protect spouses, ex-partners, family members, and roommates from violence.

Your DVRO will contain specific language about what the named party is prohibited from doing. The named party may be forced to vacate the premises (even if you share the home), stay a certain distance away from you, and otherwise avoid engaging with you. This often includes face-to-face contact, phone or social media contact, contact via third parties, and anonymous contact. The named party may be prohibited from coming within a certain distance of your home and workplace.

Situations Warranting a DVRO

Under California law, you can request a DVRO after any type of abuse. This obviously includes physical and sexual abuse. However, it also includes emotional and verbal abuse, such as verbal threats, intimidation, degradation, manipulation, and isolation from loved ones.

If an intimate partner has engaged in stalking or harassment despite being told to stay away, you may also be able to secure a DVRO. They may follow you in person, harass you via social media or phone calls, or use other people to get updates on you.

If your partner or ex-partner has made direct threats against you or your children, that too may be enough to warrant a DVRO.

Planning for the Future

For many people, this ends up being the first step in a breakup or divorce. If so, you should use the time that you are protected from the other party to get the legal support you need. This includes filing for divorce (if applicable), filing for custody and child support, and potentially securing a new place to live.

How to Request a DVRO

California courts have tried to make it as easy as possible for victimized individuals to get the support they need. There is no court fee for requesting a DVRO, and the judge assigned to the case will generally make their decision within a few days. If they receive the paperwork and deem the situation to be urgent, they may respond immediately to protect you.

There are several forms you will need to fill out to request a DVRO: form DV-100/Request for Domestic Violence Restraining Order, CLETS-001/Confidential CLETS Information, form DV-109/Notice of Court Hearing, and DV-110/Temporary Restraining Order. The last two are almost entirely filled out by the court, but you do have to enter some personal information.

After you file these forms with the Orange County Superior Court, the person named in the restraining order must be served. You may have someone you know serve for you, but many people prefer to have the sheriff or marshal serve the other party. This step is crucial; without proper service, the court can only grant you a temporary DVRO. With proper service, the court may give you a restraining order lasting as long as five years.

Finally, you go to court. This step can be incredibly painful and frightening, as you may need to see your abuser in person. Note, though, that the court has strict requirements regarding behavior in the courtroom. If the other party becomes aggressive or angry, the court will intervene. Be prepared to present any evidence you have supporting your request for a DVRO. This may include pictures, texts, and emails. Make copies of all evidence, as you will need to provide a copy to the judge and to the other party. Think ahead of time about what you want to say to the judge and the most important parts of your case. You may also bring a support person—they cannot speak for you, but they can be present with you in the courtroom to provide emotional support. After hearing from both sides, the court will decide to deny or grant the restraining order.

How Can RM Law Group Help in This Process?

If you need help securing a DVRO and you’re unsure what to do next, we can help you protect yourself. We’ll help you secure convincing evidence, decide what to say in court, and present your evidence in a way that highlights the danger you are in. You deserve to live in safety and peace—let us help you get there. Call us at 866-706-3160 or contact us online to schedule a consultation.