How to Handle Domestic Violence During a California Divorce
If you are going through a divorce in California and domestic violence is part of your relationship, you are not without protections. California law allows victims to seek immediate court intervention to stay safe while the divorce moves forward. This guide explains how domestic violence restraining orders work, what the court can do to protect you, practical steps to take, and how our services can support you through a safe divorce process.
Understanding Domestic Violence Restraining Orders (DVROs) in California
A Domestic Violence Restraining Order, or DVRO, is a court order that can provide immediate safety measures. In urgent cases the court can issue temporary protections very quickly, sometimes within 24 hours, to protect you and your children while the legal process continues.
What a DVRO can do
- Order the abusive spouse to stay away from you and your children
- Remove the abusive spouse from the home and grant you exclusive use of the residence
- Order temporary custody and visitation arrangements
- Order temporary child support and spousal support
- Prohibit contact by phone, text, email, social media, or in person
- Restrict possession of firearms and other dangerous items
How the Process Works: Practical Steps to Take
When domestic violence is involved, follow safety-first steps while you pursue legal protection and your divorce.
- Immediate safety: If you are in immediate danger, call 911. Your safety and the safety of your children is the priority.
- Document the abuse: Keep police reports, medical records, photos of injuries or damaged property, threatening messages, and witness statements.
- File for a DVRO: You can ask the court for an emergency temporary order and then a hearing for a longer-term order.
- Request temporary family law orders: Ask the court for temporary custody, support, and exclusive use of the residence as part of the emergency process.
- Service of process: Make sure the other party is properly served with the restraining order and any divorce paperwork. Do not attempt to serve them yourself if it would risk your safety.
- Attend hearings safely: Courts have procedures to protect survivors at hearings, including separate waiting areas and remote appearances in some cases.
- Connect with resources: Reach out to domestic violence advocates, legal aid, and counseling services for additional support.
Evidence and Documentation
Strong documentation helps the court understand the danger you face. Useful items include:
- Police and incident reports
- Medical records and photos of injuries
- Text messages, emails, or social media threats
- Witness statements or affidavits
- Records of prior restraining orders or criminal history, if any
A Real Example
We recently assisted a client in Los Angeles who was in an unsafe situation. We helped them file for a restraining order, guided them through the court process, and ensured their divorce moved forward with safety measures in place—without the client having to confront their spouse in person. That case shows how fast protections can be put in place and how careful planning lets you pursue a divorce while minimizing risk.
How We Can Help
At Divorce661 we understand how sensitive these situations are. While we are not attorneys and do not represent clients in court hearings, we provide the following support to help you move forward safely:
- Prepare court-ready divorce and restraining order paperwork quickly
- Flat-fee divorce services across California
- Confidential guidance on starting the divorce process safely
- Connections to trusted attorneys, domestic violence advocates, and community resources
We do not provide courtroom representation. We prepare paperwork and connect you with legal resources when needed so you can pursue both safety and divorce resolutions with professional support.
Your safety comes first and we’ll help you take the next step.
Safety First: Key Reminders
- Do not confront the abuser. Prioritize safety and let law enforcement or the court handle enforcement.
- Keep copies of restraining orders with you and provide copies to schools, workplaces, and other relevant parties.
- Inform the court and your legal support if safety concerns arise at any point in the process.
- Use local domestic violence hotlines and shelters if you need emergency relocation or advocacy.
Next Steps
If you are in an abusive relationship and need help starting your divorce safely, schedule a confidential consultation at https://www.divorce661.com. We will help you prepare the paperwork, connect you with legal and community resources, and prioritize your safety as you take the next step.
