When law enforcement responds to a domestic violence call in Anaheim Hills, CA, the consequences can unfold quickly and on multiple fronts simultaneously. In addition to the possibility of criminal charges, the person accused may find themselves subject to a domestic violence restraining order — a civil court order that can restrict where they go, who they contact, and even whether they can return to their own home. Understanding how DVROs work and how they interact with a criminal case is essential for anyone navigating this situation.
What Is a Domestic Violence Restraining Order?
A domestic violence restraining order, commonly referred to as a DVRO, is a court order designed to protect an alleged victim of domestic abuse from further contact or harm. In California, DVROs can be issued against a spouse or former spouse, a cohabitant or former cohabitant, a person with whom the restrained party has a child, or someone the protected party is or was in a dating relationship with.
DVROs can prohibit the restrained person from contacting the protected party in any way — by phone, text, email, or through third parties — and can require them to move out of a shared residence, stay a specified distance away from the protected party's home, workplace, or school, and surrender any firearms they possess.
How Are DVROs Issued?
In California, a DVRO can be issued through several different pathways. An emergency protective order can be issued by law enforcement at the scene of a domestic violence incident — this order typically lasts only a few days but takes effect immediately. A temporary restraining order, or TRO, can then be sought by the alleged victim through the civil court system and typically remains in place for approximately 20 to 25 days until a full court hearing can be scheduled. At that hearing, a judge will decide whether to issue a permanent restraining order, which in California can last up to five years and may be renewed.
Importantly, a DVRO can be sought and issued even if no criminal charges have been filed, and even if the alleged victim later decides they do not want to pursue the matter. Once the process is initiated, the court takes an active role in determining whether the order should remain in place.
How Does a DVRO Affect a Criminal Case?
The relationship between a DVRO and a criminal domestic violence case is significant and can cut in multiple directions. On one hand, the existence of a restraining order can be used by prosecutors as evidence of the seriousness of the alleged conduct. On the other hand, violations of a restraining order — even unintentional ones — can result in additional criminal charges on top of the underlying domestic violence case, compounding the legal jeopardy the accused is facing.
This is why it is critically important for anyone subject to a DVRO to understand exactly what the order prohibits and to comply with every term, even if the protected party initiates contact. California law places the responsibility for compliance on the restrained person, not the protected party.
Why Early Legal Intervention Is Critical
The early stages of a domestic violence case — before charges are formally filed, before a restraining order becomes permanent — are often the most important. An experienced criminal defense attorney can intervene at this stage to present evidence, communicate with prosecutors, and work to prevent charges from being filed or to minimize the scope of any restraining order that is issued.
Law Office of Michael L. Fell Defends Clients Against Domestic Violence Charges and DVROs in Anaheim Hills
Law Office of Michael L. Fell has extensive experience handling domestic violence cases and restraining order proceedings throughout Anaheim Hills and Orange County. Attorney Fell understands how these two processes interact and works aggressively to protect his clients' rights and futures from the very beginning. Call (949) 585-9055 today to schedule a consultation.