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Once you get a domestic violence restraining order (DVRO), laws may forbid the respondent from having a gun. There are a few places where you can find this information:
- Read the questions on this page to see if judges in California can remove guns as part of a temporary or final protection order.
- Go to our State Gun Laws section to see who can and cannot legally have guns in California.
- Read our Federal Gun Laws section to learn about the federal gun laws that apply to all states.
You can learn more about keeping an abuser from having guns on the National Resource Center on Domestic Violence and Firearms’ website.
What should I do when I leave the courthouse?
Here are some things that you may want to consider when you leave the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do.
- Review the order before you leave the courthouse. If you see any errors, ask the clerk how to correct them.
- Make several copies of the protection order as soon as possible.
- Keep a copy of the protection order with you at all times.
- Leave copies at your workplace, at your home, at your children’s school or daycare, in your car, with a trusted neighbor, and so on.
- If you have a security guard or front desk person where you live or work, give him/her a copy of the order and a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- You may want to change your locks and phone number.
You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.
What if I received a child support order with my DVRO?
If the judge ordered the abuser to pay child support, you will need to fill out and have the judge sign several more forms. You may be able to get free help with all of these forms from the family law facilitator in court or from the Self-Help Center in the courthouse.
How do I get child support through wage assignment?
There are various forms that need to be filled out to get the child support to be taken directly out of the abuser’s wages. The California Courts website gives step-by-step instructions on what to do.
I was not granted a DVRO. What are my options?
If you were not granted a DVRO, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Staying Safe page. You will find a list of California resources on our CA Places that Help page.
If you were not granted a DVRO because your relationship with the abuser does not qualify you for one, you may be able to seek protection through a civil harassment order. You will find more information about this process in Civil Harassment Orders.
You can also reapply for a DVRO if a new incident of domestic abuse occurs after you are denied the order.
If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. Also, there is a limited amount of time to file an appeal after the judge denies you the DVRO so please talk to a lawyer immediately if you want to explore this option. Go to CA Finding a Lawyer for legal referrals.
What if the abuser violates the order?
Violating a DVRO is against the law. There are two ways to get help if the abuser violates the DVRO.
Through the police or sheriff
If the defendant violates the DVRO, you can call 911 immediately. In some cases, the defendant can be arrested right away.1 Tell the officers you have a DVRO and the defendant is violating it. Always have both a certified copy of your Restraining Order After Hearing (CLETS)2, Form DV-130 (with any attachments) and your filed copy of the Proof of Service, showing that the abuser was served with the Restraining Order After Hearing (Form DV-140) with you at all times.3
If the abuser is arrested and criminal charges are filed, you may be asked to go to court to tell what happened. It may be several weeks or months before the criminal case is called and you are asked to tell about what happened. It will be easier to remember things for your hearing if you write down everything that happened right after it happens.
Through the civil court
You may file for civil contempt for a violation of the order. The abuser is in “civil contempt” if s/he does anything that your DVRO orders him/her not to do. To file for civil contempt, go to the clerk’s office. If the abuser is found to be in civil contempt, s/he could be fined up to $1,000 or imprisoned for up to five days. If s/he violates the DVRO multiple times, the jail time can increase up to 10 days. Alternatively, the judge could order probation or a conditional sentence for a up to one year upon a first finding of contempt, up to two years upon a second finding of contempt, and up to three years upon a third or any subsequent finding of contempt.4
If the abuser does not follow other parts of the order, such as the child support order, you can also contact the family law facilitator, the family support office of the district attorney, or a private attorney for more information on how to enforce the order. For court information, go to CA Courthouse Locations.
1 See Ann.Cal.Fam.Code § 6388
2 See Ann.Cal.Fam.Code § 6387
3 See Ann.Cal.Fam.Code § 6385
4 Ann.Cal.C.C.P. § 1218
How do I change or extend my order?
Either you or the abuser can file to change (modify) your domestic violence restraining order. The California Courts website has the forms that you need to fill out to modify the order as well as information on how to respond to a motion to modify the order if the other party files.
If you want your restraining order to last longer, you will likely want to file for the extension one to two months before your order expires to make sure that you will have your hearing before the order ends. You will need to fill certain forms to renew your order. The judge can make your DVRO last for five more years or more, or permanently with no expiration date. You do not have to prove that there has been further abuse to get the extension. You can file for a renewal more than once.1
The court clerk, a private attorney, or a domestic violence counselor should have the forms you will need to have your order continued. You will also find links to online forms on our CA Download Court Forms page. You will need to have the abuser served with these forms and attend a hearing. The California Courts website gives step-by-step instructions as to what to do after you fill out the forms - click here to read it.
1 Cal.Fam.Code § 6345(a)
What happens if I move? Is my order still effective?
Your protection order is automatically good throughout California as well as in other states, U.S. territories, and tribal lands. Federal law provides what is called “full faith and credit.” This means that once you have a criminal or civil protection order, it is valid wherever you go in the U.S.1
Different states may have different rules for enforcing out-of-state protection orders. You may want to talk to a local domestic violence program in the state where you will be living for more information.
You may also call the National Center on Protection Orders and Full Faith & Credit for information on enforcing an out-of-state order. Call 1-800-903-0111, ext. 2.
Note: There are special rules about military protective orders (MPO). If you have an MPO and are moving off the installation, please see our Military Protective Orders page.
1 18 U.S.C. §§ 2265; 2266
If I get a protection order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- any protection order, restraining order, or injunction you get; and
- the registration of your order in a different state.1
1 18 USC § 2265(d)(3)
Is there anything I can do if my abusive partner continually files court proceedings against me?
Abusers often misuse court proceedings in order to continue the abuse. This is called vexatious litigation under California law, but is commonly referred to as litigation abuse. If you are the victim of vexatious litigation, you can ask the judge to dismiss the abuser’s case. See our Litigation Abuse section for more information on how to do this.
