Domestic Violence Laws in California: What Protection Is Available?
Domestic Violence Laws in California: What Protection Is Available?
Domestic violence can be confusing and frightening—especially when you’re trying to figure out what the law can do to keep you safe or protect your relationship with your children. California provides several layers of legal protection for people experiencing abuse, as well as clear procedures for those who have been accused and need to respond appropriately.
At Colliss Law APC in Walnut Creek, we help clients understand their rights, take practical legal steps, and move forward toward safety and stability. Below is a clear overview of the protections available under California domestic violence laws and how the process typically works in Contra Costa County.
If you’re in immediate danger, call 911. This article is for general education and not a substitute for personalized legal advice.
What Counts as Domestic Violence in California?
Under California law, domestic violence involves abuse committed against someone you have a close relationship with, including a current or former spouse, dating partner, cohabitant, fiancé(e), or co-parent.
“Abuse” isn’t limited to visible injuries. It can include:
- Physical harm or threats of harm
- Sexual abuse
- Harassment, stalking, or intimidation
- Disturbing the peace of another person (a broad category that can include emotional and psychological abuse)
- Coercive or controlling behavior, including isolating someone from friends/family or controlling finances
These behaviors are recognized within California’s Domestic Violence Prevention Act (DVPA).
If you’re unsure whether what you’re experiencing qualifies legally, Colliss Law APC can help you assess your situation confidentially and explain what protections fit your circumstances.
Who Can Request Protection?
You may request a Domestic Violence Restraining Order (DVRO) if the person harming or threatening you is:
- A spouse or former spouse
- Someone you’re dating or used to date
- A cohabitant or former cohabitant
- A close family member (parent, child, sibling, etc.)
- Someone you share a child with
This is different from civil harassment orders (used for neighbors, coworkers, or strangers). Contra Costa County courts spell out these categories clearly.
Types of Protection Available in California
California offers multiple protective orders depending on urgency and circumstance.
1. Emergency Protective Orders (EPOs)
If police respond to a domestic violence call and believe you need immediate protection, they can contact a judge who may issue an Emergency Protective Order on the spot. EPOs are short-term but powerful—they can order the abuser to stay away immediately.
2. Temporary Restraining Orders (TROs)
A Temporary Restraining Order is usually the next step when you file for a DVRO. TROs can provide protection quickly while you wait for your court hearing.
3. Domestic Violence Restraining Orders (DVROs)
After a hearing, the judge may issue a longer-term DVRO. In California, DVROs can last up to five years and may be renewed. California Courts+1
Colliss Law APC helps clients with every part of this process—drafting strong requests, organizing evidence, and representing you at your hearing in Walnut Creek and throughout Contra Costa County.
What a DV Restraining Order Can Do
A DVRO can include several protections tailored to safety and stability, such as:
- Stay-away orders (no contact, distance requirements)
- Move-out orders (requiring the restrained person to leave a shared home)
- Orders preventing harassment, stalking, or threats
- Firearm restrictions requiring the restrained person to surrender guns and ammunition
- Child custody and visitation orders
- Child or spousal support orders
- Protection for other family or household members
Because DVROs can address both safety and family-law issues at once, having a Walnut Creek family law attorney who handles domestic violence matters is crucial. Colliss Law APC is prepared to help you seek appropriate protections without unnecessary delay.
Domestic Violence and Child Custody in California
Domestic violence can heavily affect custody decisions. California Family Code §3044 creates a rebuttable presumption that awarding custody to a parent who committed domestic violence within the last five years is not in the child’s best interests.
This presumption can be overcome only if the court finds clear evidence that custody with that parent would still be safe and in the child’s best interests.
If you’re a parent:
- Seeking protection, Colliss Law APC can help you present your custody concerns clearly and request parenting orders that prioritize safety.
- Wrongfully accused, we can help you respond with a thoughtful legal strategy and evidence to protect your parental rights.
Either way, custody decisions tied to DV allegations require careful legal handling from the start.
How the DVRO Process Works in Contra Costa County
While California law provides the framework, local court procedures still matter. In Walnut Creek (Contra Costa County), the process generally includes:
- Filing your request for a DVRO with the Family Law court
- Requesting a TRO for immediate short-term protection
- Serving the restrained person with court paperwork
- Attending a court hearing, where both sides can present evidence
- Receiving final DVRO orders if the judge grants protection
Contra Costa courts provide a roadmap noting that TRO + hearing-based DVRO are standard steps.
Colliss Law APC handles these steps with care and discretion, helping you avoid mistakes that can weaken a request or cause delays.
What If You’ve Been Accused of Domestic Violence?
False or exaggerated accusations do happen, especially during breakups or custody disputes. A restraining order can change your housing, parenting time, and even firearm rights—so responding quickly and appropriately is essential.
If you’ve been served with a DVRO request:
- Do not ignore it (missing the hearing can result in orders being granted automatically)
- Follow all temporary orders exactly
- Gather evidence and witnesses
- Talk to a lawyer immediately
At Colliss Law APC, we work with clients who need to defend against DV allegations and restraining orders. Our focus is on making sure your side is heard clearly and fairly, with a strategy built around your specific facts.
Why Legal Guidance Matters in Domestic Violence Cases
Domestic violence situations are deeply personal, and the legal steps can feel overwhelming. The right legal support can help you:
- Understand what protection fits your situation
- File correctly and quickly
- Present strong evidence in court
- Secure custody and support orders when needed
- Respond effectively if you’re defending against claims
Whether you’re seeking safety or protecting your rights after an accusation, Colliss Law APC in Walnut Creek provides steady guidance through a process that can otherwise feel chaotic.
Talk to a Walnut Creek Domestic Violence Attorney Today
You don’t have to navigate this alone. If you’re facing domestic violence or have been accused in a domestic matter, the sooner you get clear legal guidance, the better positioned you’ll be for what comes next.
Call Colliss Law APC at 925-255-7455 to schedule a confidential consultation.
Our Walnut Creek office is here to help you protect your rights, your family, and your future.
