Restraining Orders
Domestic Violence Restraining Orders (DVROs) and civil harassment matters — for those seeking protection and those defending against allegations.
What you should know
Domestic violence includes physical, emotional, verbal, and psychological abuse. When safety is at stake, prompt legal action matters.
A Domestic Violence Restraining Order is a powerful legal tool that can provide immediate and longer-term protection against an abusive partner, spouse, ex-partner, or family member. We help clients petition for these protections and represent those who have been falsely or unfairly accused and need to defend against a DVRO.
On both sides of these cases
Whether seeking a DVRO or defending against one, careful preparation makes the difference.
Seeking a DVRO
We move quickly to file your petition, seek emergency protection through a Temporary Restraining Order, gather supporting evidence, and prepare to present your case at the full hearing.
Defending Against a DVRO
Being falsely accused can have serious consequences for your reputation, employment, and relationship with your children. We prepare a thorough, evidence-based defense.
No-Contact & Stay-Away Orders
Tailored court orders that prohibit contact, require physical distance, and establish safe zones for the protected party.
Temporary Custody & Visitation
DVROs can include temporary orders for child custody and visitation while the broader case is pending.
Move-Out Orders
When safety requires it, the court can order the responding party to leave the shared residence.
Firearm Restrictions
California law restricts firearm possession when a DVRO is in place. We help ensure the order’s firearm provisions are correctly entered.
Two different orders
A Domestic Violence Restraining Order protects someone from abuse by a person they had a close relationship with — a spouse, partner, dating relationship, roommate, or family member. DVROs are tailored to the dynamics of domestic relationships, including provisions for custody, visitation, and shared residence.
A Civil Harassment Restraining Order is broader and addresses harassment, stalking, or threats from someone the petitioner does not have a close relationship with. The burden of proof is generally higher and the available protections are more limited.
If you were served with a DVRO petition and intend to respond, your response is due no later than 48 hours before the scheduled hearing. Don’t wait to seek counsel.
You may also need
Across the region
Scharf Law, P.C. is based in Folsom and serves families throughout the greater Sacramento region.
Common questions about restraining orders
What is a domestic violence restraining order?
A DVRO is a family court order under the Domestic Violence Prevention Act that protects someone from abuse by a spouse, partner, dating partner, co-parent, or close relative. “Abuse” under Family Code Section 6320 includes physical harm, threats, harassment, stalking, and coercive control, not only hitting. Orders can require the restrained person to stay away, move out, surrender firearms, and have no contact.
How quickly can I get a restraining order?
Often the same day. A judge can issue a temporary restraining order (TRO) on the papers, without the other side present, and a hearing is then set within about 21 days (up to 25 days) where both sides can present evidence. If the court grants the order after the hearing, it can last up to five years and can be renewed, including permanently.
What happens at the restraining order hearing?
Both parties appear, and the judge decides whether abuse occurred by a preponderance of the evidence. Each side can testify, present witnesses, photos, messages, and records, and cross-examine. The judge can grant, modify, or deny the order and can make related custody, visitation, and support orders. Because the outcome affects custody and gun rights, preparation matters on both sides.
How does a restraining order affect child custody?
Significantly. A finding of domestic violence triggers the Family Code Section 3044 presumption that the restrained parent should not have sole or joint custody. Visitation may be limited, supervised, or structured with safe exchanges. The presumption can be rebutted, which is one reason the restraining-order hearing is often the most important hearing in the case.
What if someone filed a restraining order against me?
Take it seriously and comply with the temporary order even if you believe the claims are untrue; a violation is a crime under Penal Code Section 273.6. You have the right to respond in writing, appear at the hearing, and present evidence. An order can affect custody, your home, and firearm rights, so many respondents retain counsel before the hearing.
What is a civil harassment restraining order?
It is the equivalent order for people who are not family or intimate partners, such as a neighbor, coworker, or acquaintance, under Code of Civil Procedure Section 527.6. The standard of proof is higher (clear and convincing evidence), and the process runs through the civil division rather than family court.
General information about California law, reviewed by attorney Taryn M. Scharf (CA State Bar #244097), Scharf Law, P.C., Folsom, CA. It is not legal advice for any specific situation. Ask about your case or call (916) 782-3900.
Ready to discuss
your matter?
Schedule a confidential consultation to walk through your specific situation and the options available.
Request a Consultation (916) 782-3900
Scharf Law, P.C. — 2330 E Bidwell St, Suite 110, Folsom, CA 95630-3897
— (916) 782-3900
Taryn M. Scharf, Esq. — CA State Bar #244097
This website is an advertisement for legal services. It is for informational purposes only and does not constitute legal advice. Viewing this website, submitting a contact form, or calling our office does not create an attorney-client relationship. Past results do not guarantee future outcomes. No outcome is guaranteed; every case turns on its own facts. Photographs other than those of the attorney and staff are stock images and do not depict actual clients. Privacy Policy
© 2026 Scharf Law, P.C. All rights reserved.
This website was designed & built by
