Domestic Violence Lawyers
in San Francisco | Bay Area Law Group
What Qualifies as Domestic Violence in California?
In California, domestic violence isn’t just about hitting or physical harm. The law looks at any behavior that causes fear, control, or harm between people who share a close relationship. That could mean spouses or ex-spouses, people who are dating or used to date, co-parents, family members, or people who live together.
Domestic violence abuse can include:
- Physical harm or threats of harm
- Sexual assault or unwanted sexual contact
- Stalking, harassment, or constant unwanted calls and messages
- Breaking or destroying personal property
- Verbal threats, intimidation, or behavior that makes you fear for your safety
- Controlling actions, such as restricting access to money, transportation, or communication with others
- Emotional abuse or actions that disturb your peace of mind
California law recognizes that domestic violence doesn’t always leave physical injuries. Psychological abuse, coercive control, and repeated harassment can all qualify as domestic violence.
At Bay Area Law Group, we help survivors secure protection through Domestic Violence Restraining Orders (DVROs) and related court actions.
We also defend clients who have been accused of domestic violence, including cases where the allegations are false or used as a strategy to gain leverage in a custody or divorce dispute.
Whether you need protection or defense, we act quickly to safeguard your rights and position your case effectively in court.
What You Should Know About Domestic Violence Cases in California
| Legal Issue | What It Means for Your Case |
|---|---|
| Restraining Order Types | Temporary Restraining Order ("TRO"): a short-term order issued by a court to prevent immediate harm or harassment. It can be issued after a DVRO request has been filed and remains in place until the hearing on the DVRO request takes place. Restraining Order After Hearing ("DVRO" or "ROAH"): a restraining order issued after a hearing on a DVRO request. It is intended to prevent further abuse or violence. DVROs may include orders for no contact, residence exclusion, or child custody arrangements. A DVRO can be issued for up to 5 years. Emergency Protective Order ("EPO"): a short-term protective order issued by a judicial officer at the request of law enforcement when there is an immediate and present danger of domestic violence, child abuse, or other harm. EPOs are typically valid for up to seven days and are intended to provide immediate protection until the protected party can seek a longer-term order, such as a TRO or DVRO. Criminal Protective Order ("CPO"): issued in the context of a criminal case, often as a condition of bail, probation, or sentencing. It is designed to protect victims or witnesses from the defendant and may include no-contact provisions. CPOs are issued by criminal courts and are enforceable alongside civil restraining orders, with precedence determined by the specific circumstances of the case. |
| Evidence Courts Might Look At | Text messages, photos, police reports, medical records, voicemail messages, social media posts, cell phone recordings, witness testimony, etc. |
| Impact on Child Custody | Domestic violence significantly impacts child custody determinations in California, as courts must prioritize the health, safety, and welfare of children. Under California law, there is a rebuttable presumption that awarding custody to a parent who has perpetrated domestic violence within the past five years is detrimental to the child's best interests. Domestic violence can also lead to supervised visitation orders. Because these findings can have long-lasting consequences for both parents and children, it is crucial to have an experienced attorney on your side. At Bay Area Law Group, we present the strongest possible evidence to protect parents and children whether that means proving abuse and securing safety, or defending against accusations that could unfairly restrict your parental rights. |
| Filing Location | DVRO requests are filed in family court. A petition for a DVRO may be filed in the following locations: (1) the county where the requesting party resides or is temporarily located, (2) the county where the defendant resides, (3) the county where the offense occurred, or (4) any other court that has jurisdiction over the parties. |
| Restraining Order Violations | Violating a restraining order in California carries significant legal consequences, which vary depending on the circumstances of the violation. Under California Penal Code § 273.6, a willful and knowing violation of a restraining order is generally a misdemeanor, punishable by a fine of up to $1,000, imprisonment in a county jail for up to one year, or both. If the violation results in physical injury, the penalties increase to include a fine of up to $2,000 and a mandatory minimum jail term of 30 days, which may be reduced or eliminated by the court under specific circumstances. For repeat offenders, the penalties escalate. |
| Who Can Request a DVRO | A DVRO can be sought by individuals in various relationships with the alleged abuser, including current or former spouses, cohabitants, individuals in a dating relationship, or those who share a child. Additionally, minors under the age of 12 may have a Guardian Ad Litem (GAL) appointed to request or oppose a DVRO on their behalf, while minors aged 12 or older may also have a GAL appointed at the court's discretion. |
| Role of an Attorney | Domestic violence cases move quickly, and the outcome can change your life. Whether you're seeking protection or defending against accusations, an attorney makes the difference. We help gather and present the right evidence, prepare you for testimony, and make sure all deadlines and legal procedures are followed. For those seeking protection, we move fast to file DVRO requests, ensure the order covers the protections you need, and represent you at the hearing. For those accused, we build a strong defense, challenge unsupported claims, and protect you from orders that could unfairly impact your custody rights, reputation, or career. At Bay Area Law Group, we know how high the stakes are. We fight to protect your safety, your rights, and your future. |
What Is a Domestic Violence Restraining Order (DVRO)?
A Domestic Violence Restraining Order (DVRO) is a court order that restricts the accused person from contacting, approaching, or harming the protected party. The aim of a DVRO is simple: to protect the safety and peace of the person requesting it. A DVRO can stop the restrained person from contacting, harassing, threatening, or coming near the protected person. It can also extend protection to children, family members, pets, and shared homes or workplaces. In some cases, it also includes orders about custody, visitation, or financial support.
When someone applies for a DVRO, the court may grant immediate protection through a Temporary Restraining Order (TRO). This TRO lasts until the hearing, where both sides can present evidence. At the hearing, the judge decides whether to issue a DVRO, which can remain in place for up to five years.
At Bay Area Law Group, we guide clients through every step of this process. Whether you are seeking protection or defending against a DVRO request, we help present the facts clearly, protect your rights, and focus on the outcome that safeguards your future.
What Happens During a Domestic Violence Case?
A domestic violence case begins when one party files a request for a domestic violence restraining order (“DVRO”). The judge reviews the request and may issue a Temporary Restraining Order (TRO) that stays in effect until the court holds a full hearing.
Regardless of whether a TRO is granted, the DVRO request gets set for a hearing. The accused party must be served with the DVRO paperwork and the notice of the hearing date so they have the opportunity to respond.
At the hearing, both parties present evidence. This can include things such as texts, photos, witness statements, or police reports. The judge decides whether to grant or deny the DVRO. If granted, the DVRO can last up to five years and may later be renewed if necessary.
At Bay Area Law Group, we prepare clients for each stage of the process, from filing or responding, to preparing evidence, to advocating in court. We focus on protecting your rights and presenting the strongest possible case, whether you are seeking protection or defending against allegations.
When Should You Contact a Domestic Violence Attorney?
If you feel unsafe, have been accused of abuse, or are dealing with a restraining order, it’s important to act quickly. Domestic violence cases move fast, and the results can affect housing, custody, immigration status, and future court rulings.
You should contact us if:
- You need immediate legal protection from a violent or threatening partner.
- You’ve been served with a DVRO and aren’t sure how to respond.
- Domestic violence allegations are impacting your custody, divorce, or family law case.
- The court denied your request for a TRO and you need to strengthen your evidence.
- You are facing false accusations and need a strong legal defense.
At Bay Area Law Group, we provide focused representation for both survivors and those accused of domestic violence. We act quickly, protect your rights, and guide you through each stage of the process. Our attorneys serve clients throughout the Bay Area, including San Francisco, Oakland, Berkeley, Daly City, San Mateo, Hillsborough, Alameda, Piedmont, Atherton, and San Jose.
Legal Support for Victims and the Wrongfully Accused
Domestic violence cases rarely exist in a vacuum, they often unfold at the same time as divorce or child custody disputes. A restraining order can reshape nearly every aspect of your family law case, from parenting time and custody rights to who remains in the home and even support obligations.
Beyond the legal consequences, there’s also a very real human toll. Allegations of domestic violence can carry stigma, damage reputations, and create long-term barriers in custody or divorce negotiations. For victims, the fear and disruption are overwhelming. For the accused, even unfounded claims can leave lasting marks unless they are properly addressed.
At Bay Area Law Group, we handle both divorce and domestic violence matters together, ensuring that one case doesn’t undermine the other. We coordinate strategy across case files, ensure consistent evidence and arguments, and position your case in the strongest light. Whether you need protection or defense, we give you clear, focused advocacy with a calm, strategic approach.
And because the outcome of these cases can shape your future for years to come, we don’t leave you guessing. We prepare you for hearings, testimony, and every step in the process so you walk into court confident and supported. With our team by your side, you’ll have a strong legal partner to safeguard your rights, protect your family, and fight for a fair outcome.
What to Expect After a DVRO Is Granted
A restraining order carries immediate legal consequences. It can remove the restrained party from the home, restrict custody access, and limit communications. Violating the order may lead to sanctions, arrest, jail time, or criminal charges.
At Bay Area Law Group, we make sure our clients understand exactly what a DVRO requires and how it impacts their family law case. For protected parties, we help you understand the scope of the order, enforce its terms, and keep your broader divorce or custody case on track. For restrained parties, we focus on navigating the restrictions while still protecting your rights in the larger divorce and custody proceedings. Where child custody is involved, we help you address the Family Code §3044 presumption and present the evidence needed to demonstrate a safe and continuing relationship with your children.
At Bay Area Law Group, we guide clients through every stage after a DVRO is granted- protecting safety, preserving parental rights, and making sure the bigger picture of your divorce and custody case is never lost.
Why Bay Area Law Group Handles Domestic Violence Cases Differently
Domestic violence cases demand steady guidance and sharp strategy. At Bay Area Law Group, you’ll work directly with an experienced family law attorney who listens to your concerns, identifies risks, and builds a case grounded in evidence and California law. You’ll always know who is handling your case and what’s happening next.
We have represented clients on every side of domestic violence litigation: victims of abuse seeking DVROs, individuals wrongly accused of domestic violence, and cases involving competing restraining order requests filed both ways. That breadth of experience allows us to anticipate arguments, spot weaknesses in the other side’s case, and craft a strategy that fits your situation.
Our courtroom work also extends to custody disputes where domestic violence findings trigger the Family Code §3044 presumption. We’ve litigated trials on whether custody restrictions should apply, and we know how to present the evidence needed- whether to protect children from ongoing risk or to demonstrate when the presumption has been successfully rebutted.
We serve clients across the Bay Area, including San Francisco, San Mateo, Redwood City, Hillsborough, Alameda, Piedmont, Atherton, Contra Costa County, Santa Clara County, Oakland, Berkeley, Daly City, and San Jose.
When everything you value- your safety, your children, and your future—is on the line, you need clear direction and strong advocacy. We focus on protecting both your immediate needs and your long-term stability.
California Domestic Violence Laws: FAQs
A court can grant a DVRO if the person requesting it shows that abuse occurred. The legal standard is called preponderance of the evidence, which means the judge must believe it is more likely than not that the abuse happened. Unlike in criminal cases, the burden of proof is lower, and corroboration (like witnesses or police reports) is not required. A DVRO can be issued based solely on credible testimony if the judge finds it convincing. But that doesn’t mean DVRO hearings are simple.
Because the standard is relatively low, judges often rely heavily on how evidence is presented. Testimony, text messages, photos, and other records can all make a difference. Having an attorney is critical, whether you’re seeking protection or defending against allegations, because the outcome of a DVRO hearing can impact custody, support, and even where you live. At Bay Area Law Group, we know how to organize and present the facts so judges understand the full picture. We’ve helped clients successfully secure DVROs for protection and defended against unfounded requests. With us, you don’t face the process alone, you have skilled advocates protecting your rights and your future.
If you’ve been served with a DVRO request, you have the right to appear at the hearing and present your side of the story. To oppose the request, you’ll need to provide evidence that challenges the claims of abuse or shows the allegations are exaggerated, unfounded, or being misused in the context of a divorce or custody dispute.
Because the legal standard for granting a DVRO is relatively low (preponderance of the evidence), it may not be enough to simply deny the allegations. You will want to have clear, organized evidence, such as text messages, emails, witness statements, or other records, that support your account of events.
An attorney can help you prepare testimony, gather supporting documentation, and present your defense effectively. This is especially important because the outcome of a DVRO hearing can affect custody, support, housing, and your record. Strong legal representation helps ensure the judge sees the full picture, not just the other side’s allegations. At Bay Area Law Group, we know what judges look for and how to present evidence effectively. We’ve helped clients secure DVROs for protection and defended against unfounded requests. Our experience means you don’t have to face this process alone.
Evidence in a domestic violence case can include many things: texts, emails, photos, voicemails, witness testimony, police reports, medical records, etc. But it’s not just about having evidence—it’s about how it’s presented. Judges focus heavily on credibility and consistency when deciding whose version of events to believe.
Even strong evidence can fall flat if it’s incomplete, disorganized, or challenged effectively by the other side. That’s why legal representation is so important. At Bay Area Law Group, we know what courts consider persuasive, how to organize evidence for maximum impact, and how to challenge weak or misleading evidence presented against you.
Schedule a Confidential Consultation
When safety and parental rights are on the line, you can’t afford delays or mistakes. We help clients file or oppose DVROs, protect their role as parents, and navigate the custody and divorce issues that often run alongside domestic violence cases.
215 West Portal Avenue, San Francisco, CA 94127
(513) 652-6848
