Being served with a request for a Domestic Violence Restraining Order is often shocking and disorienting. Documents are handed to you without warning, filled with serious allegations and strict orders that take effect immediately. In a matter of moments, your access to your home, your children, and even your property can be put at risk. This article explains what that experience means legally and what you must do next to protect yourself.
What the DVRO Request Actually Contains
A Domestic Violence Restraining Order (DVRO) is a court order intended to protect someone who alleges abuse by an intimate partner or close family member. It can require the restrained person to have no contact with the protected party, stay away from specified people and locations, surrender firearms and ammunition, move out of a shared home, and comply with court-ordered custody, visitation, support, and property control orders.
When someone files a Domestic Violence Restraining Order request in California, the court usually reviews the request “ex parte” (without notifying the other person) and may issue a Temporary Restraining Order (TRO). The restrained person is then personally served with a packet of court papers, which typically includes:
- Form DV-100: This is the protected party’s detailed request, including:
- What protections they’re asking for
- Allegations of abuse (with written declarations)
- Requests for custody, property control, and more
- Form DV-109: Tells the restrained person when and where to appear for the court hearing. This is the official court summons. You should attend the court hearing if you do not agree to the orders requested. If you do not attend, the judge can make orders against you without hearing from you.
- Form DV-110: If granted, this is the judge’s signed temporary order which specifically states what the restrained person must or must not do (e.g., stay away, move out, no contact).
These papers are not just informational. They create immediate legal obligations and set the direction of the case from the start. Understanding exactly what is included, what applies to you, and what deadlines are triggered is essential before you take your next step.
Understanding the DV-110
This form is crucial in California domestic violence cases because it provides all of the pertinent information such as who the order protects, the date and time of the hearing, and exactly what the court has ordered.
Case information
The DV-11) starts with the basic information about the request. Importantly, it identifies who is being protected and who is being restrained. Make sure you read the full list of protected parties as the restraining order can protect multiple people. Also take note of the numbers (1, 2, 3) which will be used to reference each party throughout the form.
This section also includes the date and time of the hearing with a notice that the temporary restraining order “expires at the end of the hearing listed below”.
Universal Rules ( Apply to All TRO’s)
Right after the basic information is provided, there are the mandatory orders and legal effects that apply to anyone who is served with a DV-110, regardless of the specific facts of the case. Specifically, regarding firearms or body armor. You must comply with these orders immediately.
Possessing Firearms is Prohibited
If there is a temporary restraining order against you, you must turn in, sell, or store any prohibited items you have or own within 24hrs of being served. This included firearms, firearm parts, and ammunition. You can do so by taking them to a local law enforcement station or a licensed gun dealer who offers storage services.
You cannot just give you items to a friend or family and DO NOT bring your firearms to court.
Before bringing your items to law enforcement or a dealer, you should always call ahead to make sure they offer that service and ask about their procedures. You will also need to bring a copy of form DV-800/JV-270 ( Receipt for Firearms, Firearm Parts, and Ammunition) with you for the officer to complete and sign. This receipt must be filed with the court, as well as any other agency specified on form DV-110, within 48 hours of being served with a domestic violence restraining order.
No Body Armor
DVROs also prohibit possession of body armor under California law. But there is no standardized, statewide procedure to turn it in like there is for firearms. To protect yourself legally, it would be wise to voluntarily surrender or dispose of body armor and document your compliance.
Cannot Look for Protected People
Another order that is applied by default to anyone who receives a request for a DVRO is that the restrained party “ must not take any action to look for any protected person” in the order. This order has a box below it that the judge can check if it’s NOT granted. But unless the judge finds good cause to not make the order and indicates it by checking the box, it automatically applies.
Specific Orders
The DV-110 also includes a list of orders that COULD have been requested by the protected party in the DV-100.These orders typically have check boxes which notify the restrained party if the order was not requested, requested but denied until the hearing, or granted. The judge reviews the DV-100 request and selects the specific orders to include here.
In a restraining order, a judge can order you to:
- Not contact or harm the protected person, including
children or others listed as protected people - Stay away from all protected people and places
- Not have any firearms (guns), firearm parts,
ammunition, or body armor. This includes
homemade or untraceable guns, like “ghost guns” - Move out of the place that you share with the
protected person - Follow custody and visitation orders
- Pay child support
- Pay spousal support
- Pay debt for property
- Give control of property (examples: cell phone,
car, home) to the person asking for protection
The judge will indicate if the order applies by checking “Granted as follows”. You should read these very carefully to understand exactly what they are prohibited from doing. Each order is usually accompanied by details and/or explanation.
If you are unclear about any order. Contact a family law attorney for help. It is important that you understand and follow these orders fully. Violating any part of the TRO (even unknowingly) can result in arrest and criminal charges.
Warnings and Notices
The form concludes with critical warnings and notices that the restrained person should review carefully. This section explains that the order is enforceable nationwide, authorizes law enforcement to act immediately if it is violated, imposes automatic legal consequences, and makes clear that only the court has the authority to modify or terminate the order.
Responding To a Request for Domestic Violence Restraining Order
If you want to tell the judge and the other party whether you agree or disagree with the request for a restraining order and explain why. You can do so by submitting a written response to the court using Form DV-120.
Form DV-120 allows the restrained party to go through the restraining order item by item and state whether or not they agree with the person(s) being protected and each specific behavior being prohibited.
Even though submitting a written response is optional and there is no penalty if you decide not to file one, every restrained person should strongly consider filling out and filing Form DV-120. It is a powerful tool that allows you to tell your side of the story, challenge false or exaggerated claims, and can improve your chances for better results at the hearing. It is especially important to present your side if you believe that you are being falsely accused or if the other party is using the “Silver Bullet Strategy”.
You can read more about the “Silver Bullet Strategy” here.
Attend the court hearing
Your court hearing is listed on form DV-109, Notice of Court Hearing. While it’s not legally mandatory to attend, not showing up can have serious consequences. If you don’t appear, you lose the chance to defend yourself and the judge may issue a permanent restraining order based only on the protected party’s side of the story.
If you can’t attend in person, you have the option to attend remotely (by phone, or videoconference if available). You usually can find more information on how to attend your hearing remotely on the court’s website. If you need more time to prepare your case, you may ask the judge for a new court date. The judge will decide whether to grant your request. If the judge does give you a new hearing date and if there is a temporary restraining order against you, the judge will usually extend the temporary restraining order until the new date.
Receiving notice of a request for a DVRO can be overwhelming, but how you respond in the early stages can significantly affect the outcome. Take the allegations seriously, comply fully with all temporary orders, preserve evidence, and avoid any direct contact that could worsen your situation. Most importantly, seek legal guidance as soon as possible. An experienced attorney can help you understand your rights, prepare an effective response, and ensure the court hears your side of the story clearly and accurately. Acting promptly, carefully, and strategically gives you the best chance to protect yourself, your family, and your future.
Contact Us Today
If up need a domestic violence attorney in Orange County or Los Angeles, contact us today. We are here to help you navigate this challenging time with the utmost care and professionalism.
