If you are in immediate danger, call 911. For confidential support at any time, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233, by text (text START to 88788), or at thehotline.org. This article explains how the legal processes work. It is not a safety plan, and it can’t replace one, your county’s Self-Help Center and local domestic violence advocacy organizations can help with that directly.

A domestic violence restraining order and a divorce are two separate legal processes in California, but they frequently run alongside each other, and a restraining order can directly affect how a divorce case plays out, especially around custody. Here’s how the two actually connect.

Quick Answer

  • A domestic violence restraining order (DVRO) is its own separate case, started with Form DV-100, not part of the divorce petition itself
  • If you have children with the other party, custody orders made under a restraining order are temporary - getting a lasting custody order still requires a divorce, legal separation, or parentage case
  • Family Code Sec. 3044 creates a rebuttable presumption: if a court finds someone committed domestic violence against the other parent, a child, or certain other people within the last 5 years, the law presumes that giving them custody is harmful, unless they can overcome that presumption with real evidence
  • New for 2026 (Senate Bill 899): courts can now also weigh whether the person violated firearm-relinquishment rules as a factor in deciding whether that presumption has been overcome
  • The two cases (the restraining order and the divorce) can be connected so the same judge handles both, but they remain procedurally distinct

Getting a Restraining Order: The Basic Process

A domestic violence restraining order is requested using Form DV-100 (Request for Domestic Violence Restraining Order), filed along with Form DV-109 (Notice of Court Hearing). If the judge finds enough reason to act right away, they can issue a temporary restraining order, Form DV-110, often the same day, effective immediately until the full court hearing.

If you have children with the other party, two additional forms matter:

  • Form DV-105 - Request for Child Custody and Visitation Orders, filed with DV-100 if you want the judge to address custody right away
  • Form DV-108 - an optional form requesting orders to prevent a child from being taken out of the state or country

At the hearing, the judge decides whether to issue a longer-term restraining order, and if children are involved, what custody and visitation should look like in the meantime, using Form DV-140.

Restraining Order Custody Orders Are Temporary

This is an important structural point: if you’re married to the other party, custody and visitation orders made as part of a restraining order case under the Domestic Violence Prevention Act are temporary. To get a more lasting custody order, you still need to file for divorce, legal separation, or, if you were never married, a separate parentage action. The restraining order protects you and addresses custody in the short term; the divorce (or parentage) case is what ultimately resolves custody for the longer term.

In practice, many people are navigating both at once, see Child Custody Basics in California Divorce for how custody works in the divorce case itself.

Family Code Sec. 3044: The Custody Presumption

If a court finds that a parent seeking custody has perpetrated domestic violence within the previous 5 years, against the other parent, against the child, against the child’s siblings, or against certain others with whom they have a relationship, Family Code Sec. 3044 creates a rebuttable presumption that giving that parent sole or joint custody (legal or physical) is not in the child’s best interest.

“Rebuttable” means it isn’t automatic or permanent, the parent found to have committed domestic violence has both the opportunity and the burden to show, with real evidence, that custody or joint custody would still serve the child’s best interest. Courts weigh factors including whether the person has completed a batterer’s intervention program, whether there have been further acts of violence, and the person’s compliance with the terms of any restraining order.

This presumption only applies once a court has actually made a finding of domestic violence, through a restraining order granted after a hearing, a criminal conviction, or a specific finding by the family court itself. An accusation alone, without a finding, doesn’t trigger it.

What Changed for 2026: Firearm Restrictions as a Factor

Senate Bill 899 (Chapter 544, Statutes of 2024) amended Family Code Sec. 3044, operative January 1, 2026. The underlying presumption described above isn’t new, it’s existed for years. What’s new is that courts can now also consider whether the person has violated firearm-relinquishment or restriction requirements (under Family Code Sec. 6389, Code of Civil Procedure Sec. 527.9, and Penal Code Sec. 18120) as a factor in deciding whether the Sec. 3044 presumption has been overcome. A restrained person who hasn’t complied with firearm relinquishment rules has a harder time showing a court that custody would be safe.

SB 899 also amended Family Code Sec. 6389, the statute governing firearm relinquishment under a domestic violence restraining order itself.

How This Connects to Your Divorce Case

If you’re filing for divorce and there’s also a restraining order involved, a few practical points:

  • The restraining order case and the divorce case are separate filings, but courts can coordinate them so related matters are handled consistently.
  • Mediation is generally required before a judge rules on contested custody in a standard divorce, but California law recognizes that joint mediation isn’t appropriate in every domestic violence situation. Parents may be excused from joint mediation or offered separate sessions instead. See Child Custody Basics for how mediation normally works.
  • A finding of domestic violence can affect more than custody. It’s also one of the 14 factors courts weigh for spousal support, see Spousal Support in California.
  • The standard restraining orders that come with every divorce Summons (covered in What Forms Do You Need to Get a Divorce in California?) are a different, more limited set of protections, covering things like moving a child out of state or disposing of property. They are not a substitute for a domestic violence restraining order if there’s a genuine safety concern.

Frequently Asked Questions

Do I need to file for divorce before I can get a domestic violence restraining order?

No. A DVRO is its own case and can be filed whether or not you’ve started a divorce, and whether or not you’re married at all.

Does a restraining order automatically mean I lose custody if it’s against me?

No. It creates a rebuttable presumption, not an automatic outcome. You have the opportunity to present evidence showing custody would still be in the child’s best interest, and courts consider multiple specific factors in that decision.

Can the restraining order case and my divorce case be combined?

They remain separate filings, but courts can coordinate related cases, including assigning them to the same judge, so ask your court’s self-help center how that works in your county.

What if I don’t have children but I’m afraid of my spouse?

A domestic violence restraining order doesn’t require children or a divorce filing. Form DV-100 is available to anyone experiencing qualifying abuse from someone they have a qualifying relationship with, including a spouse.

Where can I get help filling out these forms?

Your county court’s Self-Help Center can help with DVRO paperwork, often with same-day assistance given the urgency involved. Many counties also have domestic violence advocacy organizations that provide free help with these forms specifically, ask your self-help center for a local referral.

Not sure how this fits with the rest of a divorce case? See The Complete California Divorce Roadmap for the full process.

No. This guide explains, in general terms, how domestic violence restraining orders and divorce interact under California law. It is not legal advice, it is not a safety plan, and reading it does not create an attorney-client relationship. If you are in danger, prioritize your immediate safety and contact 911, the National Domestic Violence Hotline, or a local domestic violence advocate before anything else. For guidance specific to your legal situation, consult a licensed California attorney or your county court’s Self-Help Center.

Sources: California Courts Self-Help Center, “Domestic violence and child custody” (selfhelp.courts.ca.gov/domestic-violence-child-custody) and “Ask for a restraining order in a domestic violence case” (selfhelp.courts.ca.gov/DV-restraining-order/fill-forms). California Family Code Sec. 3044, as amended by Senate Bill 899 (Chapter 544, Statutes of 2024), operative January 1, 2026. Facts checked September 23, 2026. Forms, procedures, and the law itself can change, always confirm current requirements with the California Courts Self-Help Center or a domestic violence advocacy organization in your county.