Getting a Restraining Order Against Spouse or Family in California | Tabo Law
Understanding Restraining Orders Against Family or Spouses in California
When conflicts escalate within families or marriages, a restraining order can be a crucial legal tool to protect yourself and your children. But can you actually get a restraining order against your spouse or a family member in California? The short answer is – it depends on your situation, evidence, and the type of protection you seek.
In this blog, we will break down:
- The types of restraining orders in California
- Eligibility when it involves a spouse or family member
- The process of obtaining one
- What courts consider in approval
- Long-term impacts and alternatives
This guide will empower you to understand your options under California family law.
What Is a Restraining Order?
A restraining order is a court order designed to protect a person from being physically or emotionally abused, threatened, stalked, or harassed. Under California law, restraining orders can mandate the restrained person to:
- Stay away from the protected person
- Move out of a shared home
- Avoid contacting the protected person
- Surrender firearms
LSI Keywords: protective order, domestic violence restraining order, civil harassment restraining order, family court restraining order, TRO California.
Learn more about domestic violence definitions under California law here.
Types of Restraining Orders Relevant to Spouses or Family
Domestic Violence Restraining Orders (DVRO)
A DVRO is the most common when it comes to spouses or family. It applies if you have a close relationship with the restrained person, such as:
- Married, registered domestic partners, or dating
- Divorced or separated
- Living together or used to live together
- Close family relationship (parents, children, siblings, in-laws)
To obtain a DVRO, you must show that the person has abused or threatened to abuse you. Abuse under California Family Code §6203 includes physical violence, sexual assault, threats, stalking, harassment, or disturbing your peace.
Full California DVRO legal text here.
Civil Harassment Restraining Orders
If the person is not closely related (e.g. distant relative, cousin not living with you), you might need a civil harassment restraining order instead. This requires showing harassment, stalking, or credible threats of violence.
Can You File a Restraining Order Against Your Spouse?
Yes. You can file a DVRO against your spouse if they are abusive, threatening, harassing, or harming you physically, emotionally, or financially. Courts do not require criminal charges to grant a restraining order, but you must provide evidence to prove your claims.
Examples of evidence include:
- Text messages or emails with threats
- Photographs of injuries
- Police reports or medical records
- Witness testimony
- Recordings if legally obtained
Remember, California is a no-fault state, so obtaining a restraining order does not affect divorce grounds, but it can
impact child custody and property rights significantly.
Getting a Restraining Order Against Family Members
You can also seek a DVRO against immediate family such as a parent, adult child, or sibling if they live with you or have abused you under domestic violence definitions.
For non-immediate family members who are not part of your household or intimate relationships, a civil harassment restraining order may be the correct approach.
The Restraining Order Process in California
Step 1: File Forms
Fill out the DVRO forms (Request for Domestic Violence Restraining Order, CLETS forms).
File with your local family court. No filing fee is charged for DVROs.
Step 2: Temporary Restraining Order (TRO)
The court will review and may issue a TRO, usually within 24 hours, providing immediate protection.
Step 3: Serve the Other Party
The restrained person must be formally served with the paperwork. Law enforcement or a registered process server can assist.
Step 4: Attend the Hearing
A court hearing is scheduled within 21 days (up to 25 days maximum). Both parties present evidence. The judge decides whether to grant a permanent restraining order, which can last up to 5 years.
California court TRO process explained here.
What Courts Consider When Granting a Restraining Order
California courts evaluate:
- The nature and frequency of abuse or threats
- Credibility and consistency of evidence
- Future risk of harm or fear
- Best interests of minor children if involved
Courts aim to prevent further harm, so even if criminal charges are not filed, they may grant protection based on civil standards of proof (preponderance of evidence).
How Restraining Orders Affect Divorce or Custody Cases
If you are divorcing your spouse or in a child custody battle, a restraining order can impact:
- Child Custody: Courts may deny custody or limit visitation if one parent poses a threat.
- Spousal Support: Acts of domestic violence can affect spousal support eligibility.
- Property Division: A restraining order may grant exclusive use of the family home temporarily.
Read about restraining orders and custody impact here.
False Allegations and Defense Considerations
While restraining orders are critical for safety, false accusations do occur. The accused has the right to defend themselves, present contrary evidence, and request dismissal if claims are unsubstantiated. Courts scrutinize all evidence carefully to ensure fairness.
Alternatives to Restraining Orders
In situations where abuse is not physical or immediate, alternatives include:
- Mediation with protective measures
- Temporary move-out agreements
- Supervised visitation or custody exchanges
- Counseling or therapy orders
However, if your safety is at risk, a formal restraining order remains the most direct legal protection.
FAQs: Restraining Orders in California
Can I get a restraining order if my spouse hasn’t physically hit me?
Yes. Emotional abuse, threats, harassment, or disturbing your peace qualify under California’s broad definition of abuse.
How long does a restraining order last?
Temporary orders last until the hearing (3-4 weeks). Permanent DVROs can last up to 5 years and be renewed.
Does a restraining order show up on background checks?
Yes. It is a court order and will appear in background searches, which can affect employment and housing applications.
Can I drop a restraining order later?
You can request dismissal, but courts will confirm it is voluntary and not under duress.
Full California Restraining Order FAQ here.
Understanding Your Rights to Protection
If you fear for your safety or the safety of your children, obtaining a restraining order against a spouse or family member is a powerful legal step. The process depends on your relationship, evidence, and immediate risks involved, but California family courts prioritize protection for victims of abuse in any form.
For those navigating complex family dynamics, divorce, or custody alongside restraining orders, seeking legal guidance ensures you protect your rights effectively.
The Tabo Law Firm represents family law clients and is always here to help you understand and navigate these challenging situations with care and expertise.
