Protecting Your Rights and Your Relationship With Your Children

Being served with a request for a Domestic Violence Restraining Order (DVRO) is overwhelming. You may already be under temporary orders that keep you away from your home or your children. The hearing is usually set within about three weeks, so you need to act quickly.

Your response is filed on form DV-120, Response to Request for Domestic Violence Restraining Order. In it, you can agree or disagree with each requested order and explain your side with specific facts.

A DVRO can have serious consequences beyond the order itself:

•       Custody. Under Family Code 3044, a finding of domestic violence creates a presumption against giving that parent sole or joint custody.

•       Firearms. You generally must surrender any firearms while the order is in effect.

•       Housing, employment and immigration can also be affected.

Follow every temporary order exactly, even if you believe the allegations are false. A violation can be a crime and will damage your case.

If there's also a criminal case, talk to a lawyer before you file anything, because what you write in your response can be used there.

Related reading: [how to write a declaration for family court](link to Post 21).

If you've been served with a DVRO request, call me at 877-4CA-FCLS (877-422-3257) for a free consultation.