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.

Domestic Violence in California — Legal Protections

How to file a restraining order in california for domestic violence: file DV-100 (Request for DVRO) at the family law clerk's office — a judge can issue a temporary restraining order the same day. Where to get a restraining order? Any California Superior Court clerk's office. Obtaining a restraining order in california does not require a prior police report. California restraining order: a DVRO can prohibit contact, require the abuser to move out of the family home, and include child custody orders. No contact order vs restraining order: a criminal no-contact order is issued in a criminal case; a civil DVRO is issued in family law proceedings. Does a restraining order go on your record? It is a permanent civil court record but does not appear on a criminal background check unless there was an associated criminal case. How long does a restraining order stay on your record? The order itself expires after up to five years (renewable), but the court record is permanent. Family Code section 3044 and custody: a finding of domestic violence within five years of filing creates a rebuttable presumption against the perpetrator having sole or joint physical or legal custody. Define financial abuse in the domestic violence context: systematic economic control including restricting access to funds, sabotaging employment, and running up debt — recognized as domestic violence under California law. What is financial abuse? The pattern of economic coercion designed to create and maintain financial dependency. Whats financial abuse distinguished from financial disagreement? The coercive, controlling, and intentional nature of the conduct. Can text messages be used in court to prove domestic violence? Yes — text, email, and social media communications containing threats, controlling language, and admissions are commonly admitted in DVRO proceedings. Child visitation attorney at Furubotten Law, APC handles custody proceedings where domestic violence is alleged or documented, including DVRO proceedings and section 3044 custody motions.