If you need a Newport Beach domestic violence attorney, whether you are seeking protection or you have just been served with a restraining order, The Goldberg Legal Group is here to help. We obtain domestic violence restraining orders, respond to them on behalf of the people served, and protect your custody and support rights when abuse becomes part of a family law case.
Our attorneys handle these matters in Orange County family court and can explain your options in a free, confidential consultation.
If you are in immediate danger, call 911.
National Domestic Violence Hotline: 1-800-799-7233 (available 24/7)
Browsing history can be monitored. If possible, use a phone or computer the other person does not have access to.
Remember, you have legal options, and you do not have to figure them out alone.
Why Choose The Goldberg Legal Group
When your safety and your family’s future are at stake, the attorney you choose and the way they handle your case can set the direction of the entire process.
- Your case stays with one attorney. David Goldberg handles every restraining order case personally, from your first consultation through the courtroom hearing. You will never have to repeat the details of your experience to a rotating team of associates or paralegals.
- Recognized trial experience. David has been named a Top 100 Trial Lawyer by The National Trial Lawyers and holds a 10.0 rating on Avvo, reflecting more than 18 years as an Orange County domestic violence attorney focused exclusively on family law.
- Local courtroom knowledge. Our firm handles restraining order proceedings at the Orange County Superior Court regularly and understands the local filing process, the judges, and the pace of these cases.
- A free, confidential consultation. We will explain what protection is available, how quickly it can be put in place, and what the process looks like from start to finish.
We practice family law and handle restraining orders in family court. Criminal charges are a separate legal process that requires criminal defense counsel.
What Counts as Domestic Violence Under California Law
California’s Domestic Violence Prevention Act, codified in Family Code Section 6200, defines abuse far more broadly than most people expect. You do not need to have been physically harmed for the court to grant protection, and the law covers behavior that many people would not immediately associate with the term “domestic violence.”
Under Family Code Section 6203, abuse includes any of the following:
- Physical abuse, including any intentional or reckless attempt to cause bodily injury
- Sexual abuse
- Threats and intimidation, including placing someone in fear of serious bodily harm
- Stalking and harassment, whether in person, by phone, by text, or online
- Emotional and psychological abuse
- Financial control, such as restricting access to money or accounts
- Destroying personal property or harming pets
- Disturbing another person’s peace, which California courts have interpreted broadly to include controlling and coercive behavior even without physical contact
Whether you can file for a restraining order also depends on your relationship to the other person. California law allows filings between current or former spouses, current or former cohabitants, people who are dating or have dated, co-parents, and close relatives by blood or marriage.
If your relationship falls outside these categories, you may still be eligible to file a civil harassment restraining order, which is a separate type of filing with its own process.
Types of Protective Orders in California
California law provides four types of domestic violence protective orders. They differ in who issues them, when they apply, and how long they last. Understanding which order applies to your situation is one of the first things we will help you sort out.
Emergency Protective Order
An emergency protective order is requested by a law enforcement officer directly from an on-call judge, typically at the scene of a reported incident. The order takes effect the moment it is signed, even outside of normal court hours.
Under Family Code Section 6256, an EPO expires at the earlier of five court days or seven calendar days after issuance, whichever comes first. Its purpose is to provide immediate safety while the protected person has time to file for longer protection through the family court.
Temporary Restraining Order
A temporary restraining order is filed by the person seeking protection in family court, supported by a written declaration describing the abuse. A judge often reviews the request within a single day and may issue a TRO based on the applicant’s declaration alone, without the other party being present or notified.
The TRO remains in effect until a court hearing, which is typically scheduled within about 21 days. No filing fee applies to domestic violence restraining order requests in California.
Restraining Order After Hearing
A restraining order after hearing is issued after both parties have had the opportunity to appear and present their evidence to the court. If the judge finds that abuse occurred, the order can last up to five years and may be renewed. This is what people often refer to as a “permanent” restraining order, though it is not literally permanent and does require renewal.
Criminal Protective Order
A criminal protective order is issued by a criminal court in connection with filed criminal charges. The protected person does not control whether this order is issued or what terms it contains, because it is part of the criminal prosecution rather than a family law filing.
A criminal protective order cannot address custody, visitation, child support, or property division, which is why obtaining a separate family law restraining order still serves an important purpose even when a criminal order already exists.
It is possible to hold more than one type of protective order at the same time, and a criminal order does not replace the protections that a family law order can provide.
What a Restraining Order Can Require
You may not realize how much a restraining order can actually do. The protections go well beyond telling the other person to stay away, and this list may help you understand what is available.
- No contact in any form, including in person, by phone, text, email, social media, or through third parties
- Stay-away order requiring distance from your home, workplace, school, and your children’s school
- Move-out order requiring the restrained person to leave a shared residence, even if their name is on the lease or title
- Temporary child custody and visitation orders, which can include supervised visitation or no visitation at all
- Child support and spousal support orders to address immediate financial needs
- Firearms and ammunition surrender within 24 hours of being served, as required by Family Code Section 6389, with no ability to purchase while the order is in effect
- Enrollment in a batterer intervention program, commonly a 52-week course
- Protection for other household members, including children and, in many cases, pets
- Orders regarding property, bills, and shared accounts
If you are a parent and your child has been abused, you can also seek a restraining order on your child’s behalf.
How to Request a Restraining Order in Orange County
If you decide to file for a restraining order in Orange County, here is what the process looks like.
- Filing your request. You begin by filing a request with the family court, along with a written declaration. Your attorney can help you draft a declaration that is clear, organized, and includes the details the court needs to act quickly.
- Temporary order. The court may grant a temporary restraining order based on your filing alone. This temporary order stays in place until the hearing.
- The other party must be formally served with the paperwork before the hearing can take place. You cannot serve the papers yourself, but law enforcement can do it at no cost.
- The hearing. The court holds a hearing where both sides may be heard, and decides whether to issue a longer restraining order.
- After the order is issued. The order is entered into a statewide law enforcement database.
When preparing your case, preserving evidence strengthens your position. Photographs, medical records, police reports, text messages, voicemails, and a written timeline of incidents all strengthen a request.
Save this evidence rather than deleting it, but be careful about where you store it. Saving files to a shared device or a cloud account the other person can access creates a safety risk.
How Domestic Violence Affects Child Custody
California law takes a strong position on custody where domestic violence is involved, and this is where a family law attorney sees the case differently than a criminal defense website would.
Under Family Code Section 3044, when a court finds that a parent has committed domestic violence within the previous five years, a rebuttable presumption arises that awarding sole or joint physical or legal custody to that parent is not in the child’s best interest.
A rebuttable presumption means the court starts from that position, and the parent who committed the abuse must present evidence to overcome it. It is not an automatic bar, but it does shift the burden.
The court considers several factors when deciding whether the presumption has been rebutted, including whether the parent completed a batterer intervention program, whether they have complied with existing court orders, and whether granting custody would still serve the child’s best interest despite the finding.
A criminal conviction is not required for the presumption to apply. Because family court uses a preponderance of the evidence standard, which is lower than the beyond a reasonable doubt standard used in criminal court, a judge can find that abuse occurred even when no charges were filed or when charges were dropped.
If you are worried about your children’s safety, a restraining order can include immediate temporary custody and visitation terms, such as supervised visitation, exchanges at neutral locations, and restrictions on decision-making authority. These protections can be put in place before a full custody case is resolved.
How Domestic Violence Affects Divorce and Spousal Support
The effect of a domestic violence finding on spousal support is rarely discussed, but the law on this point is clear and it directly affects what you may be entitled to.
Family Code Section 4325 creates a rebuttable presumption that a spouse convicted of a domestic violence misdemeanor within five years before the divorce filing cannot receive spousal support from the injured spouse. The presumption can be rebutted, but the burden falls on the convicted spouse to prove that support should still be awarded.
Beyond the support question, a court can also issue an attorney fee award, ordering the abusive spouse to pay the other party’s legal costs. For someone worried about whether they can afford to hire a lawyer, this provision can change the entire calculation.
Findings of abuse may also affect how the court divides property and assigns debts, particularly where one spouse’s conduct caused direct financial harm to the other.
A restraining order itself can address some of these financial issues before the divorce resolves, including spousal support, bill payments, and exclusive use of the family home. These protections give you stability while the larger case moves forward.
Responding to a Restraining Order Request
Being served with a restraining order request does not mean a court has found that abuse occurred. It means the other party has filed a request and a judge has issued temporary protections while the case moves toward a hearing. You have the right to respond, and what you do in the days after being served will shape how that hearing goes.
You may file a written response with the court and appear at the hearing to present your side. If you do not appear, the court will generally grant the order by default, which means the terms requested by the other party become binding without your input.
The consequences of an issued order can include removal from your home, custody restrictions, firearms relinquishment, and potential effects on your employment in certain fields.
While you are contesting the request, full compliance with the temporary order is required. A violation is a separate criminal offense regardless of whether the underlying order is ultimately granted, and any violation will undermine your position at the hearing.
The family court process is separate from any criminal case that may exist. Our firm handles the family law side, including helping you understand what is at stake and preparing you to respond effectively within the court’s timeline.
Domestic Violence Resources in Orange County
Legal representation and advocacy services serve different roles, and they work well together. An attorney handles the court process, while advocates assist with safety planning, shelter, counseling, and connecting you to services that address your immediate needs.
The following organizations provide support to survivors of domestic violence in Orange County.
- National Domestic Violence Hotline: 1-800-799-7233, available 24 hours a day, 7 days a week
- Orange County Family Justice Center: 150 W Vermont Avenue, Anaheim, CA 92805. Call 714-765-1645 for free confidential services including advocacy, counseling, and restraining order assistance.
- Human Options: 24-hour hotline at 877-854-3594. Provides emergency shelter, counseling, legal advocacy, and housing assistance throughout Orange County.
- Laura’s House: 24-hour hotline at 866-498-1511. The only state-approved full-service domestic violence agency in South Orange County, offering shelter, therapy, and legal services.
- Interval House: 24-hour hotline at 714-891-8121. Emergency shelter and support services.
- Newport Beach Police Department: For emergency protective orders at the scene of an incident.
- Orange County Superior Court Self-Help Center: Free resources for restraining order filings, located at the Lamoreaux Justice Center.
- If you are in immediate danger, call 911.
Serving Newport Beach and Orange County
The Goldberg Legal Group’s Newport Beach office is located at 1601 Dove Street, Suite 252, Newport Beach, CA 92660. You can reach us at 949-229-0229 to schedule a complimentary, confidential consultation.
Restraining order and family law matters for Orange County are filed at the Lamoreaux Justice Center, located at 341 The City Drive South, Orange, CA 92868. This courthouse handles family law, domestic violence, and juvenile matters for the county and houses the court’s Self-Help Center and Family Court Services office.
As a Newport Beach restraining order lawyer and domestic violence attorney, David Goldberg represents clients throughout the city and the surrounding communities, including Corona del Mar, Newport Coast, Balboa Island, Balboa Peninsula, Lido Isle, Costa Mesa, Irvine, and Huntington Beach.
Frequently Asked Questions
How Quickly Can I Get a Restraining Order in Orange County?
A judge can typically issue a temporary restraining order within about one day of your filing, based on your written declaration alone and before the other party is notified.
If you are in immediate danger and law enforcement responds to the scene, an officer can request an emergency protective order from an on-call judge that takes effect right away. An EPO provides short-term protection while you file for a longer order through the family court.
Do I Need a Police Report to Get a Restraining Order?
No. A family court can issue a domestic violence restraining order without any police involvement, criminal charge, or conviction. Your own sworn declaration describing what happened can be sufficient on its own. A police report is helpful evidence when one exists, but the absence of a report does not prevent you from filing or from receiving protection.
Can I Get a Restraining Order if My Partner Has Never Hit Me?
Yes. Physical violence is not required, and the legal definition of abuse under the Domestic Violence Prevention Act is broad. Courts regularly issue restraining orders in cases that involve no physical contact at all, including situations involving threats, coercive control, or conduct that disturbs your peace.
How Does a Restraining Order Affect Custody of Our Children?
The effect can be significant. California Family Code Section 3044 creates a rebuttable presumption that awarding custody to a parent found to have committed domestic violence is not in the child’s best interest. That presumption can be overcome, but it shifts the burden to the parent who committed the abuse.
What Happens if the Restraining Order Is Violated?
Violating a domestic violence restraining order is a criminal offense that can result in arrest. If someone violates the terms of your order, report it to law enforcement immediately and document the incident in writing. Repeated violations also strengthen your position if you later request the court to extend the order’s duration or expand its terms.
How The Goldberg Legal Group Can Help
Our attorneys obtain restraining orders, respond to them, and protect your custody and support rights when domestic violence is part of a family law case. With more than 18 years of experience in Orange County family court, David Goldberg will walk you through your options and help you understand how quickly protection can begin.
Call 949-229-0229 for a complimentary, confidential consultation.
If you are in immediate danger, call 911. National Domestic Violence Hotline: 1-800-799-7233, available 24/7.
