Divorce can be one of the most emotionally charged events in a person’s life—and when custody, money, and pride are at stake, it’s not uncommon for one party to resort to extreme measures. Unfortunately, in some contested California divorce and custody cases, individuals make false claims of domestic violence in an attempt to gain the upper hand.
False allegations can be devastating. A restraining order—especially a temporary one—can immediately affect your custody rights, reputation, and ability to remain in your home. In some cases, you may even be forced out of your residence, cut off from your children, and required to defend yourself in a court of law with little notice. The stigma of being labeled an abuser can linger long after the accusation is disproven.
If you are facing false domestic violence allegations during divorce or custody litigation in California, you are not alone—and you are not without recourse. This blog explains what to expect, how the courts handle these cases, and what legal strategies you can use to defend your rights and reputation.
Most people do not fabricate domestic violence allegations. However, when false claims do occur, they’re often motivated by one or more of the following:
Regardless of motivation, false allegations can have very real consequences. Courts treat every claim seriously, and even unfounded accusations require a strong and immediate legal response.
California Family Code §3044 creates a rebuttable presumption that a parent who has committed domestic violence should not have joint or sole custody. This presumption is powerful—it can shift the entire trajectory of a custody case. However, the presumption only applies if the court finds that domestic violence actually occurred within the past five years.
The burden then falls on the accused to rebut the presumption by showing that awarding them custody is still in the child’s best interest. This is why some litigants misuse the DVRO process: if they can secure a finding of domestic violence, they may limit the other parent’s custodial rights without a full custody hearing.
But courts are also aware of the potential for misuse. Judges are trained to assess credibility, motive, and consistency. If your case is built carefully and presented effectively, false allegations can be defeated—and in some cases, turned against the accusing party.
When a restraining order is filed, a judge can issue a Temporary Restraining Order (TRO) the same day without notifying you. This order can:
Remove you from your home
Bar you from contacting your children
Suspend visitation rights
Require you to surrender firearms
Restrict your movement and communication
This happens before you even get a chance to respond. That’s why time is of the essence. You will typically be scheduled for a hearing within 21 days. If you do not appear or fail to defend yourself, a permanent restraining order (DVRO) could be entered for up to five years.
Defending against a false DVRO requires more than just saying, “I didn’t do it.” You need a strategic, evidence-based response that dismantles the accuser’s credibility and shows the court the full context. Here’s how to approach your defense:
Save every email, text, voicemail, and social media message between you and the accuser. These can show:
Courts look for consistency in the accuser’s behavior. If they claim to be afraid of you, but their messages are casual or affectionate, that can seriously undermine their credibility.
Friends, family, teachers, childcare providers, or coworkers may have observed your interactions with the accuser or your children. Statements from neutral third parties can be highly persuasive.
If the incident allegedly occurred at a time or place where you have an alibi—such as phone GPS data, time-stamped emails, or surveillance footage—present it. Inconsistent timelines can raise doubt.
You have the right to defend yourself at the restraining order hearing. This is a formal proceeding, like a mini-trial, where both sides can present evidence, call witnesses, and cross-examine.
If the DVRO is granted, you can still rebut the Family Code §3044 presumption by:
Even if a DVRO is issued, it does not mean you lose custody automatically—but it does mean you need to be proactive in countering the legal presumption.
If the court determines that the allegations were knowingly false, several outcomes are possible:
In extreme cases, knowingly filing a false DVRO may even lead to criminal charges for perjury or filing a false police report, though this is rare.
If the case involves children and the court is uncertain about the truth, it may appoint Minor’s Counsel (a lawyer for the child) or order a 730 custody evaluation. These neutral professionals will interview the child, both parents, and other sources to assess:
Whether abuse occurred
In these cases, documentation, demeanor, and consistency matter enormously. False accusers often overreach or display controlling tendencies in interviews—something evaluators are trained to detect.
If you’ve been falsely accused and lost temporary custody, all is not lost. You can petition the court to:
Courts aim to preserve parent-child relationships whenever possible. If you can demonstrate that the false allegation damaged that bond—and that you are acting in good faith to rebuild it—judges will take notice.
False domestic violence allegations are a tragic misuse of a system designed to protect. But they can be fought—and disproven—with diligence, strategy, and experienced legal guidance. The key is not to panic, but to respond swiftly, gather evidence, and trust the process.
At Minella Law Group, we’ve successfully defended parents against false accusations and restored custody, credibility, and peace of mind. We also help ensure that legitimate claims of abuse are taken seriously and prosecuted appropriately—because we believe in protecting both the innocent and the vulnerable.
If you’re facing false allegations of domestic violence during divorce or custody litigation, you need a legal team that knows how to respond with strength and precision.
📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.
📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.
Your rights, your reputation, and your relationship with your children are worth defending—let us help you protect them.
The end of a relationship should mark the beginning of peace. But for many in San Diego, that peace is short-lived—especially when the harassment shifts to the digital world. Whether it’s threatening texts, reputation-smearing posts, or social media surveillance, online harassment by an ex is one of the fastest-growing forms of post-breakup abuse.
If your situation doesn’t meet the legal requirements for a Domestic Violence Restraining Order (DVRO), you may feel trapped. Fortunately, California law offers other powerful tools to protect yourself—especially through the Civil Harassment Restraining Order (CHRO).
This guide will walk you through how California law handles online abuse, when a DVRO applies, how to get protection with a CHRO, and what steps to take immediately to regain your safety and peace of mind.
Let’s start with a common example:
Alex and Morgan dated for four months before breaking up. Since the breakup, Alex has flooded Morgan with unwanted texts, tagged them in fake Instagram posts, shared private photos without consent, and created burner accounts to monitor and insult them online.
Morgan now feels unsafe, anxious, and afraid to leave home. But because Alex and Morgan never lived together, were not married, and have no children, a traditional DVRO may not apply.
So, is Morgan out of options? Absolutely not. This is where a Civil Harassment Restraining Order becomes the legal lifeline.
Under California law, online harassment and cyberstalking are serious offenses that carry both civil and criminal consequences. Even when the abuse isn’t physical, the emotional and reputational harm can be just as severe.
Repeated unwanted messages, emails, or DMs
Posting embarrassing or false information (defamation)
Impersonation or creating fake accounts
“Doxxing”—publicizing someone’s private information
Sharing private photos or texts without consent
Monitoring someone’s social media activity obsessively
Circumventing blocks with new accounts or phone numbers
Under California Penal Code § 646.9, stalking includes any behavior that causes the victim to feel threatened, harassed, or fearful. For civil protective orders, harassment is defined more broadly—repeated unwanted conduct that causes substantial emotional distress and serves no legitimate purpose.
A Domestic Violence Restraining Order (DVRO) offers robust protection, including:
Stay-away orders
No-contact directives
Firearm restrictions
Child custody and support modifications
However, eligibility for a DVRO depends on the relationship between the parties.
A current or former spouse
A current or former cohabitant
A co-parent of your child
Someone you’ve dated intimately
A close family member (parent, sibling, etc.)
If the person harassing you was only a casual dating partner, a friend, coworker, neighbor, or classmate—you may be ineligible for a DVRO.
That’s where a Civil Harassment Restraining Order becomes the best path forward.
A CHRO is a civil court order that protects victims from abuse, threats, stalking, or harassment by individuals outside the domestic violence relationship category.
This includes:
Ex-dating partners who never lived with you
Roommates
Former friends
Coworkers
Neighbors
Acquaintances or strangers
No contact via phone, email, social media, or in person
No online impersonation, threats, or digital tracking
Stay-away requirements from your home, workplace, school, or child’s school
Prohibition from owning or purchasing firearms
Unlike DVROs, CHROs focus on patterned harassment rather than physical abuse or domestic ties. They are frequently granted in online abuse and cyberstalking cases.
| Feature | DVRO | CHRO |
|---|---|---|
| Relationship Required | Spouse, cohabitant, parent, etc. | No domestic relationship needed |
| Applicable Harassment | Domestic abuse, threats, violence | Stalking, harassment, threats |
| Court Filing | Family Court | Civil Court |
| Protection Scope | Includes custody, support orders | Stay-away and no-contact orders |
| Ideal For | Co-parents, spouses | Exes, friends, coworkers, neighbors |
To obtain a CHRO, you must prove that:
The other party engaged in harassment
This includes stalking, threatening, annoying contact, or digital abuse.
The behavior is repeated and willful
A one-time contact won’t typically qualify unless it’s extremely threatening.
The behavior caused substantial emotional distress
Evidence of anxiety, disruption of your daily life, or documented fear strengthens your case.
There is no legitimate purpose
The person is not contacting you for necessary business or legal matters.
Judges in San Diego take CHRO petitions seriously, especially when victims provide organized documentation of the harassment and its impact.
Your CHRO case will rise or fall based on your ability to show a clear, repeated pattern of harassment. Start gathering and organizing evidence immediately.
Screenshots of harassing texts, emails, or DMs
Screenshots or links to social media posts or fake accounts
Logs or spreadsheets of harassment dates/times
Police reports or incident numbers (if applicable)
Statements from witnesses, co-workers, or mental health professionals
Medical records or therapist notes showing stress or anxiety
At Minella Law Group, we help clients assemble comprehensive evidence packets that make an impact in court.
Even before the court intervenes, you can take key steps to regain control and secure your digital presence.
Date/time of incident
What happened
How it made you feel or what it interrupted
Any supporting evidence
Step 1: File for a Temporary CHRO
Step 2: Serve the Harasser
Step 3: Prepare for the Hearing
Step 4: Final Order
When to Call a Lawyer—and Why It Matters
If you’re experiencing online harassment from an ex or anyone not covered by DVRO eligibility, time is critical. Don’t wait until the behavior escalates or your mental health deteriorates.
At Minella Law Group, we understand the unique emotional toll of online harassment—and we take it seriously. You deserve peace, privacy, and legal protection.
We have decades of experience helping victims of stalking, harassment, and abuse obtain meaningful court protection—especially in complex, non-domestic scenarios.
We’ve helped clients:
You don’t have to fight this alone. Our attorneys blend legal skill with compassion and confidentiality—ensuring your safety and dignity are never compromised.
Online harassment isn’t just annoying—it’s dangerous, traumatizing, and often illegal. Whether or not you qualify for a DVRO, California law provides tools to protect you.
At Minella Law Group, we’re ready to:
📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.
📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.
Domestic violence is a significant issue that affects many families worldwide, creating an environment of fear and uncertainty. When it comes to the welfare of children, domestic violence can have far-reaching implications, particularly in matters of child custody and investigations by child welfare services.
This blog post aims to shed light on how domestic violence influences these areas, emphasizing the importance of informed decision-making during such challenging times.
While domestic violence is often viewed through the lens of the direct victims, typically the partner or spouse, the effects on children who witness or experience such environments are profound. Children exposed to domestic violence are at a higher risk of emotional, psychological, and behavioral issues. They may experience anxiety, depression, and even exhibit aggression themselves. These experiences can impact their academic performance and social interactions, creating a cycle that can be difficult to break.
When parents decide to separate, child custody becomes a crucial consideration. The court’s primary focus is always the best interest of the child, and domestic violence plays a significant role in these determinations. Judges will evaluate the safety and well-being of the child; hence, any history of domestic violence can influence custody arrangements.
In many jurisdictions, there is a presumption against granting custody to a parent with a history of domestic violence. Courts may order supervised visits or, in severe cases, deny visitation rights entirely to protect the child from potential harm. The overriding concern is to ensure a safe environment where the child can thrive without fear.
Child welfare services come into play when there are concerns about a child’s safety in their current living situation. Reports of domestic violence often trigger investigations by these agencies. The goal is to assess the risk to the child and determine whether intervention is necessary.
During an investigation, child welfare workers will gather information from various sources, including family members, teachers, and healthcare professionals. They will assess the severity of the domestic violence incidents, the frequency, and the impact on the child. Based on their findings, they may recommend family support services, counseling, or in extreme cases, place the child in foster care temporarily.
For families entangled in the complexities of domestic violence, child custody, and child welfare investigations, navigating the legal system can be overwhelming. It is crucial to understand the legal processes involved and the rights of both the parents and the children.
Legal Representation: Engaging with experienced legal professionals can provide clarity and direction. Attorneys specializing in family law can advocate for the best interests of the child while ensuring that the rights of the involved parties are protected.
Documenting Evidence: Collecting evidence of domestic violence is critical. This includes police reports, medical records, and any other documentation that can substantiate claims of abuse. This information can be pivotal in custody hearings and welfare investigations.
Counseling and Support Services: Both parents and children can benefit from counseling services that address the psychological trauma associated with domestic violence. These services can facilitate healing and provide strategies to cope with the aftermath.
Understanding the interplay between domestic violence, child custody, and child welfare services is integral to making informed decisions that prioritize the child’s safety and well-being. While the journey may be fraught with challenges, seeking the right support can make a significant difference.
For those in need of legal assistance, it is vital to connect with professionals who understand the intricacies of family law. Minella Law Group offers experienced legal representation in family law matters, providing compassionate support and strategic advocacy. Their dedicated team works diligently to ensure that families navigate these challenging situations with the utmost care and expertise.
In conclusion, while domestic violence significantly impacts child custody and welfare investigations, understanding the processes and seeking appropriate support can pave the way for a safer, healthier future for children and their families.
••Minella Law Group Can Help••
At Minella Law Group, we understand the emotional and logistical complexities involved in domestic violence cases. Our experienced team is dedicated to providing compassionate and comprehensive legal support. Whether you need help understanding the nuances of your case or require representation in court, we are here to assist.
Call our family law office today to schedule a complimentary consult with one of our attorneys.
Navigating the often complex world of legal procedures can be quite daunting. Among the various legal protections available, civil harassment restraining orders stand out as critical tools for safeguarding personal safety and peace of mind.
While not everyone may need to file for such an order, understanding what they are and when they might be necessary can prove invaluable.
A civil harassment restraining order is a legal injunction used to prevent harassment, threats, or violence from someone you do not have a close relationship with, such as a neighbor, roommate, or stranger. Unlike domestic violence restraining orders, civil harassment orders are not typically used for disputes involving family or household members. Instead, they serve as a shield for individuals facing unwanted behavior from non-intimate associates.
There are numerous scenarios where a civil harassment restraining order might come into play. Imagine receiving persistent and unwelcome contact from a former acquaintance, or being subject to threats or stalking behaviors from a disgruntled neighbor. In such circumstances, the affected individual can seek legal recourse to protect themselves from further distress.
The legal standard for a civil harassment restraining order in California requires that the petitioner experiences a credible threat of violence, has suffered actual violence, or is subjected to behavior that seriously alarms, annoys, or harasses them without legitimate purpose.
While the thought of filing for a restraining order might seem overwhelming, the process is structured to be accessible. Here’s a brief overview:
In California, violating a restraining order is a criminal offense. If the restrained individual disobeys the order—be it by contacting the petitioner or coming too close—law enforcement can take immediate action. This can lead to fines, arrest, or even jail time, depending on the severity of the violation.
It’s important to clarify some misconceptions about civil harassment restraining orders. Firstly, obtaining a restraining order does not give the petitioner any criminal record; it’s a civil matter aimed at protection. Secondly, while the order can deter unwanted contact, it is not a guarantee of safety. Petitioners should still take additional precautions to protect themselves.
While you can file for a civil harassment restraining order on your own, navigating the legal intricacies can be challenging. Errors in the paperwork or lack of compelling evidence can result in a denial of your request. This is why having a knowledgeable attorney can make a significant difference. Legal professionals bring expertise and strategic insight, ensuring that your case is presented in the best possible light.
••Minella Law Group Can Help••
At Minella Law Group, we understand the emotional and logistical complexities involved in seeking a civil harassment restraining order. Our experienced team is dedicated to providing compassionate and comprehensive legal support. Whether you need help understanding the nuances of your case or require representation in court, we are here to assist.
Call our family law office today to schedule a complimentary consult with one of our attorneys.
Accusations of domestic violence are a serious charge that can result in criminal penalties. In fact, in California, serious domestic violence incidents are charged as felonies. If you are convicted of felony abuse, you can spend up to four years in prison. The punishment may be even longer if you’ve been convicted of the same offense within the past seven years. In these cases, probation is unlikely, even without a previous record, and it is recommended you hire a criminal attorney.
Felony charges are pursued when the victim’s injuries are severe, such as broken bones, injuries that need sutures, or trauma so serious it causes permanent brain or body damage.
Among the more serious of domestic violence charges in California is assault with a deadly weapon. In rendering a sentence, the court will look at the type of weapon used, whether the victim was injured, and the seriousness of the injury. If found guilty of a felony, this conviction is considered a “strike” under California’s Three Strikes law. If convicted, you face the following penalties:
Another charge that requires the services of a criminal lawyer is violation of California Penal Code 422 PC: threatening to commit a crime which will result in death or great bodily injury to another person. You do not have to intend to commit the acts threatened – just making them is considered a felony. Criminal threats can be made against anyone, but if they’re made against a family member, they are regarded as crimes of domestic violence.
To obtain a criminal threats conviction against you, each of these facts must be proved beyond a reasonable doubt:
Obviously, since all these facts must be proved, criminal threat convictions are not easy to obtain, but you will require competent representation if you are accused.
If you’ve been accused of committing felony domestic violence, you are best served by consulting with a California family law attorney experienced in such charges. In many cases, it is possible to avoid conviction and the serious consequences that come with such a charge. Reach out to us for your complimentary consultation today at 619.289.7948
Can someone go to jail for domestic violence offenses? Absolutely! Penalties for domestic violence may vary depending on the judge who hears the case, but the state of California has guidelines in place for sentencing. A domestic violence conviction carries the possibility of jail time along with a fine. California law also provides for protective orders for victims of domestic violence.
The jail time for domestic violence offenses is affected by a number of issues, including:
While not set in stone, courts typically order a minimum of 30 days for a misdemeanor domestic violence conviction. If it is a first offense, some judges allow the perpetrator to serve probation. Depending on the circumstances, a person can be charged with multiple offenses.
The severity of the penalties, including potential jail or prison sentences, varies significantly based on several factors:
A conviction for domestic violence can result in a lengthy jail sentence. If you are dealing with a domestic violence issue during your divorce, a California family law attorney with experienced in domestic violence issues can explain your rights and guide you through the process. An experienced custody & family law attorney can help. We are ready to assist with all your family needs – we offer a complimentary consultation to discuss your needs.
Reach out to us for your complimentary consultation today at 619.289.7948
A judge in San Diego may issue a restraining order as an official order prohibiting a particular action. An individual may seek a restraining order for various reasons, including copyright infringement, domestic abuse, harassment, legal disputes, and employment disputes. Anyone who applies for a restraining order must first send a request to their local court, which will determine the merit of the request by examining the evidence submitted.
Although restraining orders are limited in their duration, restraining orders are typically used as a form of immediate relief if the petitioning party requires instant action to prevent harm or harassment. Although a permanent order can be possible, this usually takes months to to allow the parties time together evidence for a full formal hearing. However, the process of obtaining a temporary order can be completed in a matter of days.
Your first step in obtaining a restraining order will be to speak to an attorney who is experienced in the area, usually one specializing in family law. If you are concerned about an ex harassing you, or a spouse, then a family attorney could help to handle the details of a restraining order for you as well as the custody or divorce aspect of your case.
Next, you will need to gather as much evidence as possible to support your case. Remember that simply presenting a ‘He said’ or ‘She said’ case in court can be problematic, and ideally you should have more than just an accusation that an individual did something requiring a restraining order. Evidence can be gathered in various forms, you might for example, use threatening texts or emails, pictures, documents or even recordings of harassing phone calls. Police reports or witness statements can also be used to support your position.
This is usually a step that you should take with your family law attorney. In simple terms, you will need to prepare a document that will inform the judge what you want, and the reasons why you want it. Usually, these documents come in two types, the first, standard option simply asks for a restraining order temporarily and sets a date to have both parties appear before a judge.
The other document requests an ex parte restraining order, and this refers to a situation wherein only one party attends the court to ask the judge for an order. Typically, if a judge grants an individual an ex parte order, she or he will then set a hearing within fourteen days, allowing the other party to give their side of the story. There may be children involved in this request, if there are a child visitation request also needs to be included with the request.
The judge will review your paperwork that day and decide if a temporary restraining order should be granted or denied. Whether it is granted or denied, a hearing will be set where both parties will have to appear at that hearing. A notice will be officially served to the opposing party providing them with the date that they must attend the hearing. In this case, your attorney will use a process server that will handle the issue for you, meaning that you should not be asked to serve the notice on anyone’s behalf. Beyond this, all that will be left for you to do is to attend the hearing. Dress smart and do your best to stay calm throughout the proceedings, even if you feel yourself getting emotionally involved. The more clearly you can explain your position, the better chance you have of the process going smoothly.
If you or someone you know is the victim of domestic violence and need assistance obtaining a domestic violence restraining order the qualified staff at Minella Law Group can assist you. For more information or to schedule an appointment, click the button below, or call us at (619) 289-7948. We look forward to helping you.
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