TRO and the 21-day hearing
A DVRO request begins with form DV-100 plus supporting declarations. If the court grants a Temporary Restraining Order, the TRO is effective immediately upon service and lasts until the hearing on the permanent order — typically scheduled within 21 days of the request.
What conduct qualifies
The Domestic Violence Prevention Act (DVPA) covers a broad range of conduct: physical violence and threats of violence, stalking, harassment, and conduct disturbing the peace of the protected party. Coverage extends to current and former spouses, dating partners, cohabitants, and family members.
Effect on custody and support
A DVRO has direct consequences for custody. Family Code section 3044 creates a rebuttable presumption against awarding custody to a parent against whom a DVRO has been issued. The presumption can be rebutted, but the burden shifts.
Renewals
A DVRO can be renewed before it expires — once for up to five years, and indefinitely thereafter. Renewal requires showing a reasonable apprehension of future abuse, not new abuse since the prior order.