Domestic Violence and Protective Orders in California 2025

Domestic violence is a prevalent problem, and California takes offenses of such seriously. Understanding the laws about domestic violence and protective orders in California can help you keep your family and your rights safe.

New Domestic Violence Protections in 2025

New laws in California as of 2025 create more protections and resources for victims of domestic violence. These include:

• A new fund to provide services, restitution, and other support to victims
• New guidelines for faster processing and fewer restrictions for some restraining orders
• A directive for drivers to be able to remove any remote access to their vehicles to prevent tracking
• Longer statute of limitations for domestic violence offenses
• New tools for family members of domestic violence homicide victims to avoid murders being deemed suicide
• Resources for victims to preserve their assets and financial wellbeing

Domestic Violence Law Explained

In California, domestic violence isn’t a specific offense but several offenses that relate to abuse within a close relationship, like a romantic partner, or family member. We tend to think of domestic abuse between spouses, but it can also include exes, children, parents, grandparents, siblings, or people who are not married but are in a romantic relationship.

Similarly, while domestic violence can include physical abuse, other abusive behaviors may lead to domestic violence charges, including sexual assault and also non-physical acts like financial, emotional, or psychological abuse. Common offenses that may be considered domestic abuse when the offender has a close relationship with the victim include:

• Assault and battery
• Sexual violence
• Stalking or harassment
• Disturbing the peace
• Trespassing or vandalism
• Burglary or robbery

Domestic Violence and Protective Orders

Protective orders are a common need in domestic violence cases because the offender and victim have a close relationship, which can put the victim in danger of further abuse. Because of this, many victims get protective orders for their safety. A protective order is an order by the court that specifies what a person is not allowed to do and how long the restrictions are in place. Some examples of prohibited actions are:

• Contacting the victim directly or indirectly
• Being within a certain distance of the victim
• Tracking or trying to find the victim’s location
• Destroying or taking the victim’s property
• Attempting to prevent the victim from going to court
• Owning or using firearms
• Any other harassing, threatening, or stalking activities

When a person is arrested for domestic violence, police may issue an emergency protective order that lasts until the defendant’s arraignment. At the arraignment, if the charges relate to domestic violence, the judge can issue a stay-away order that lasts throughout the process, including probation, when applicable.

However, victims can also petition the family court to get a restraining order without an arrest. The victim has to file paperwork with the court, and they can be granted a temporary restraining order that lasts until a hearing where a judge may issue a long-term protection order. A victim doesn’t have to file a police report to request a restraining order, meaning the offender doesn’t necessarily get arrested, but many victims do.

If you need legal guidance on obtaining or contesting a restraining order, an Orange County family lawyer can help you navigate the process, protect your rights, and ensure the best possible outcome for your case.

Penalties

Because domestic violence is not a single charge, the penalties can be misdemeanors or felonies. Penalties depend on the official charge and the circumstances, including whether the victim was injured and how severely. Being convicted of domestic violence can lead to serious consequences, though, including jail time, fines, restitution, probation, and more. In cases that involve sexual assault, it may also mean being added to the sex offender registry.

Violating a protective order is usually a misdemeanor and can result in up to a year of jail time and up to a $1000 fine. However, in some situations, the penalty may be harsher.

It is important to note that, even in cases where the victim no longer feels the need for additional protection, law enforcement can still arrest someone for violating a restraining order. In addition, domestic violence convictions can count toward the Three Strikes Law, which means subsequent convictions for violent crimes have harsher penalties, up to life in prison.

FAQs

Q: What’s the Difference Between a Restraining Order and an EPO?

A: The difference between a restraining order and an EPO, or emergency protective order, is that victims request a restraining order by filing paperwork with the court, but an emergency protective order is requested by law enforcement for the safety of the victim. Judges can also issue a CPO, or criminal protective order, for witnesses or victims in a criminal case.

Q: What Type of Proof Do I Need to Support a Restraining Order in California?

A: To support a restraining order in California, you need proof that shows you and the person are or were in a close relationship and that the person has harassed, threatened, or harmed you. This can be in the form of written statements by you or witnesses, photos or videos, texts or emails, police and medical reports, 911 calls, and other evidence that shows injuries, threats, violent behavior, or harassment.

Q: What Is the Burden of Proof for a DVRO in California?

A: The burden of proof for a DVRO, or domestic violence restraining order, in California is a “preponderance of the evidence.” The victim only needs to prove to a judge that it is more likely than not the suspect is guilty of domestic violence. This is a lower burden of proof than prosecutors have, which must be beyond a reasonable doubt.

Get Help With a Domestic Violence Restraining Order

At Creative Family Solutions, Cianci Law, PC,  our Orange County domestic violence restraining order lawyers have extensive experience handling DVRO cases and representing individuals in matters related to domestic violence restraining orders. If you are facing an abusive situation in your home or close relationships, schedule a consultation with our skilled family law team to learn about your legal options.