When people think about a domestic violence restraining order, they often focus on the obvious restrictions—staying away from the protected person and avoiding contact. But in Placentia, a DVRO can reach much further, striking at two of the things people care about most: their relationship with their children and their right to own firearms. If you're facing a restraining order, understanding these consequences is essential.
The Impact on Child Custody
A domestic violence restraining order can significantly affect custody and visitation arrangements, and the effects can be long-lasting. California law contains a specific provision that makes this especially serious.
Under Family Code section 3044, when a court finds that a parent has committed domestic violence against the other parent within the previous five years, there's a rebuttable presumption that awarding custody to the offending parent would be detrimental to the child's best interest. In plain terms, this means the court starts from the assumption that you should not have custody, and the burden falls on you to overcome that presumption with evidence.
Overcoming the presumption is possible, but it's difficult. You may need to demonstrate that granting you custody is in the child's best interest despite the finding, that you've completed relevant programs such as a batterer's intervention course, that you're complying with all court orders, and that other factors weigh in your favor. Even then, the court has wide discretion. A DVRO can also lead to supervised visitation rather than unsupervised time with your children, at least initially.
For many parents in Placentia, these custody consequences are the most painful aspect of a restraining order—far more so than any other restriction. That's why it's so important to fight a DVRO vigorously when the allegations are false or exaggerated.
The Impact on Firearm Rights
A domestic violence restraining order also has immediate and serious consequences for your right to possess firearms. When a DVRO is issued against you, California law requires you to surrender any firearms you own or possess and prohibits you from purchasing or acquiring new ones for the duration of the order.
You typically must relinquish your firearms within a short window—usually 24 hours—by selling them to a licensed dealer, surrendering them to law enforcement, or transferring them to a licensed dealer for storage. You'll generally need to file proof with the court that you've complied. Failing to surrender your firearms as required is itself a crime, compounding your legal troubles.
The firearm prohibition isn't limited to state law, either. Federal law independently bars people subject to certain domestic violence restraining orders from possessing firearms, which means the restriction can carry federal implications as well. For anyone who owns firearms for professional reasons, sport, or self-defense, this consequence can be deeply disruptive.
Why These Stakes Demand a Strong Defense
The custody and firearm consequences of a DVRO show why these orders should never be taken lightly. A restraining order isn't just an inconvenience—it can reshape your family life and strip away rights you may have exercised your whole life. When the allegations against you are untrue, unfair, or overstated, fighting the order at the hearing becomes critically important.
An experienced attorney can challenge the evidence, expose inconsistencies in the accuser's account, and argue that the alleged conduct doesn't justify the order or its far-reaching consequences.
Protect What Matters in Placentia
If a domestic violence restraining order threatens your relationship with your children or your firearm rights in Placentia, don't face it alone. As a California Board Certified Criminal Law Specialist, Attorney Michael L. Fell knows how to fight these orders and protect what matters most to you. Contact Law Office of Michael L. Fell today at (949) 585-9055 to discuss your case.