In emotionally charged family law cases—especially those involving domestic violence—California courts often use protective orders to prevent harm and provide structure during litigation. If you’re involved in a custody or divorce case and suddenly find yourself facing a restraining order—or considering requesting one—you may hear multiple terms used interchangeably: Emergency Protective Order (EPO), Temporary Restraining Order (TRO), and Domestic Violence Restraining Order (DVRO).
Each serves a different function, has different rules, and carries different implications—especially when children and custody are involved.
In this blog, we’ll clarify the differences between these types of protective orders under California law, who can request them, what they do, how long they last, and how they impact your rights. Understanding the legal landscape can help you act quickly, protect your children, and preserve your credibility in family court.
What Is an Emergency Protective Order (EPO)?
An Emergency Protective Order is a short-term order issued by law enforcement—not a judge in a courtroom—and is designed to provide immediate protection from abuse or violence. These orders are typically requested by a police officer who responds to a domestic violence incident and believes someone is in immediate danger.
The law authorizes certain law enforcement officers to contact an on-call judge 24/7, including nights and weekends, to request an EPO. If the judge agrees, the EPO can be granted on the spot, even if the accused person is not present or aware.
Key Features of an EPO:
- Duration: EPOs last only 5 to 7 calendar days
- Who Can Request: Only law enforcement—not a private party—can request an EPO
- Purpose: Immediate safety, especially when courts are closed
- Scope: Can include stay-away orders, temporary custody of children, and orders to vacate the home
EPOs are typically used in urgent situations where a victim needs immediate protection but doesn’t yet have access to the court system. They are often a precursor to a longer-term protective order.
What Is a Temporary Restraining Order (TRO)?
A Temporary Restraining Order (TRO) is the next step in the protective order process. It is filed directly by the protected party (or their attorney) with the court, usually as part of a Domestic Violence Restraining Order (DVRO) request.
When a DVRO is filed, the petitioner may also request immediate temporary protection pending the full hearing. A judge reviews the request and can issue a TRO the same day—often without any notice to the accused party.
Key Features of a TRO:
- Duration: TROs typically last 20 to 25 days, until the full hearing
- Who Can Request: A private individual (with or without an attorney)
- Purpose: Provide immediate protection while the court evaluates evidence
- Scope: May include no-contact provisions, child custody orders, orders to move out, financial restraints, and stay-away directives
A TRO is designed to prevent escalation and preserve safety while giving the accused party the opportunity to respond. It also puts the matter on the court’s calendar for a formal hearing, where both sides can present evidence.
What Is a Domestic Violence Restraining Order (DVRO)?
A Domestic Violence Restraining Order is a long-term protective order issued after a formal hearing. Both the petitioner and the respondent have the opportunity to testify, present evidence, call witnesses, and cross-examine each other.
If the judge finds that domestic violence occurred under California Family Code §6200 et seq., they may issue a DVRO that can last up to 5 years. These orders are often the most significant in terms of long-term impact—especially on custody and visitation rights.
Key Features of a DVRO:
- Duration: Up to 5 years (renewable or permanent in some cases)
- Who Can Request: Any party in a qualifying domestic relationship
- Purpose: Provide long-term protection and set parenting and conduct boundaries
- Scope: May include exclusive custody, visitation restrictions, move-out orders, financial restraints, and firearm prohibitions
Once a DVRO is in place, it becomes a binding court order that is enforceable statewide—and even federally—under the Violence Against Women Act.
How These Orders Impact Custody and Visitation
One of the most critical aspects of any protective order in family court is how it affects child custody. In California, a finding of domestic violence has significant legal consequences for parenting rights.
Under Family Code §3044, if the court finds that a parent committed domestic violence against the other parent or the child within the past five years, there is a presumption that the abusive parent should not have custody.
This means that:
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Courts will likely award sole custody to the protected parent
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The restrained parent may be limited to supervised visitation or no visitation at all
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The restrained parent must rebut the presumption by showing they have addressed the abuse and that custody is in the child’s best interest
Even without a §3044 finding, the mere existence of an EPO or TRO can result in temporary custody changes that shift the parenting dynamic. These temporary orders often set the stage for permanent orders later in the case.
When and Why to Request Each Type of Order
Request an EPO if:
- You are in immediate danger and need protection before you can access the court
- Law enforcement responds to a domestic violence incident and agrees that urgent safety measures are needed
Request a TRO/DVRO if:
- You are being harassed, stalked, threatened, or physically abused by a current or former partner
- You need a court order for custody, visitation, or exclusive use of the family home
- You want to establish a legal record of abuse to protect yourself and your children during litigation
EPOs are quick and short-term. TROs bridge the gap to a full hearing. DVROs are long-term solutions that shape custody and co-parenting for years to come.
Responding to an EPO or TRO Filed Against You
If you are served with an EPO or TRO, do not ignore it. Violating the order—even if you believe it was falsely obtained—can result in criminal charges, loss of custody, and damage to your credibility.
Here’s what to do:
- Read the order carefully and comply with all terms
- Consult with an experienced family law attorney immediately
- Begin preparing evidence for your defense, including texts, emails, photos, witnesses, and any documentation of your parenting involvement
- Appear at the scheduled hearing and testify clearly and truthfully
Judges know that protective orders can be misused. They will listen to both sides—especially if you come prepared.
What Happens at the DVRO Hearing?
The court will hold an evidentiary hearing where both parties can:
- Testify under oath
- Present documentary evidence
- Submit declarations or live witness testimony
- Cross-examine the other party
At the conclusion of the hearing, the judge will decide whether to:
- Deny the request and dissolve the TRO
- Grant a limited order with specific terms
- Issue a full DVRO for up to five years
The outcome of this hearing can affect custody, visitation, support, property division, and even your right to possess firearms. It’s critical to treat it with the seriousness of any trial.
Are These Orders Public?
Yes, restraining orders are court records and are generally available to the public unless sealed. They may also appear in law enforcement databases, which can affect background checks, professional licensing, and public perception.
This is why a DVRO should never be filed—or defended—lightly. The long-term effects go beyond just a courtroom battle; they impact your reputation, your parenting, and your future.
Final Thoughts
In California family law, understanding the differences between Emergency Protective Orders, Temporary Restraining Orders, and Domestic Violence Restraining Orders is essential. Whether you are seeking protection or responding to allegations, these orders can dramatically affect custody, support, and the outcome of your case.
Acting quickly, knowing your rights, and seeking experienced legal counsel are critical steps in protecting your children and your future.
At Minella Law Group, we help clients on both sides of restraining order matters—whether you’re seeking safety or defending yourself against a wrongful accusation. With decades of family law experience, we understand how to protect your rights while navigating the emotional and legal complexities of domestic violence litigation.
Need Help Navigating a Restraining Order? We Can Help.
📞 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.
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