Domestic Violence Attorney in Orange County

Domestic Violence in California Family Law

Domestic violence — which includes physical abuse, emotional abuse, threats, stalking, and harassment — has significant legal implications in California family law proceedings. Courts take domestic violence allegations seriously, and a history of abuse can directly affect custody determinations, support awards, and property division.

If you are a victim of domestic violence or have been accused of domestic violence, you need experienced legal representation to protect your rights and the safety of your family.

Emergency Protective Orders

In California, law enforcement officers can issue an Emergency Protective Order (EPO) immediately upon responding to a domestic violence situation. An EPO provides immediate protection and remains in effect for up to seven days, giving the protected party time to seek a more permanent order from the court.

Domestic Violence Restraining Orders

A Domestic Violence Restraining Order (DVRO) is issued by a court and can provide protection for up to five years. To obtain a DVRO, the petitioner must demonstrate a history of abuse or a credible threat of abuse by the respondent. The process involves:

• Filing a request for a temporary restraining order (TRO) with the court
• A hearing, typically within 21 days, where both parties can present evidence
• If granted, a permanent restraining order that can restrict contact, require move-out, address custody and visitation, and impose other protective conditions

Domestic Violence and Child Custody

Under California Family Code §3044, there is a rebuttable presumption that awarding sole or joint physical or legal custody to a parent who has perpetrated domestic violence is detrimental to the child's best interests. This presumption can have significant consequences in custody proceedings and must be carefully addressed through legal representation.

Representing Both Victims and the Accused

Furubotten Law, APC represents clients on both sides of domestic violence proceedings. If you have been the victim of domestic violence, we can help you obtain protective orders and ensure that your safety and the safety of your children is prioritized in all related family law proceedings. If you have been accused of domestic violence, we provide vigorous representation to ensure that your side of the story is fully heard and that your rights are protected.

If you are in immediate danger, please call 911. For support, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233.

Last reviewed: May 2026 · Author: Denise Furubotten, Esq.