Domestic Violence and Restraining Orders: Immediate Steps for Safety
If someone you live with or dated has just hurt or threatened you, call law enforcement and emergency services as soon as possible. Officers responding to the call can ask a judge on the spot for an emergency protective order. That order lasts for at most seven days.
For protection that lasts through the coming weeks and beyond, you will need a domestic violence restraining order (DVRO), which you can request yourself from the Superior Court. Consult a domestic abuse attorney and use the emergency order’s short window to file.
The Law Offices of Steven E. Springer, based in San Jose, California, advises employees and employers in Santa Clara County on how to address domestic violence and restraining orders, from seeking protected time off for court to filing restraining orders that cover your home or place of employment. Schedule a free 20-minute consultation today to discuss your case.
How Long Does an Emergency Protective Order Last?
An emergency protective order (EPO) expires at the close of court business on the fifth court day after it is issued or on the seventh calendar day, whichever comes first. Only a law enforcement officer can request an EPO, and the copy you receive will state the exact expiration date and time.
An order issued on a Friday night may lapse by the next Friday, so start your paperwork for a domestic violence restraining order (DVRO) as soon as possible. A criminal protective order from a pending prosecution does not stop you from also requesting a DVRO, which will stay in place even if the charges are dismissed.
Who Qualifies for a Domestic Violence Restraining Order?
A DVRO is available when the abuse comes from a close relationship, such as a current or former spouse, someone you date or dated, someone you live or lived with, or a close relative such as a parent, child, sibling, grandparent, or in-law. Abuse is broader than physical violence.
According to the California Courts Self-Help Guide for Domestic Violence and Restraining Orders, abuse can be emotional, verbal, or psychological; can happen online; and can include cutting off your access to money or isolating you from friends and family. If your abuser is a neighbor, coworker, or landlord, you will typically need to file for a different order, such as a civil harassment or workplace violence restraining order.
How to File a DVRO Request in Santa Clara County?
Santa Clara County handles DVRO requests at the Family Justice Center Courthouse, 201 N. First Street in San Jose. There is no filing fee, and you do not need a lawyer to file.
The core forms are DV-100 (your request and account of the abuse), DV-109 (the hearing notice), and DV-110 (the temporary order), with additional forms if you share children or want support. The court’s Restraining Order Help Center can review your paperwork before you submit it.
Under the Santa Clara County local filing instructions, a judge will typically decide within 24 to 48 hours whether to grant a temporary restraining order. If granted, it lasts until your hearing, usually about three weeks later.
An adult other than you must personally hand the papers to the restrained person at least five days before the hearing. If you miss that deadline, you may need to request a new hearing date.
What Does a Restraining Order Require?
After the hearing, a judge can issue a restraining order lasting up to five years. Depending on the facts, it can order the other person to have no contact with you, stay a set distance from your home, car, and workplace, move out of a shared residence, and give up firearms, ammunition, and body armor.
It can also protect your children and pets, address custody and visitation, and require child or spousal support. Law enforcement can enforce the order once it is granted, so keep copies at your home, in your car, and at work.
How to Take Time Off for Court Without Losing Your Job
Under California Government Code section 12945.8 and enforced by the Civil Rights Department, California law bars employers from firing, disciplining, or retaliating against an employee who is a domestic violence victim for taking time off to seek a restraining order. These protections have been in place since January 1, 2025.
Employers with 25 or more employees must also allow time off for medical care, shelter services, counseling, legal help, and court proceedings, generally up to 12 weeks for the victim. Provide reasonable advance notice when you can; after an unscheduled absence, you may provide documentation if your employer requests it.
You may also request reasonable safety accommodations, such as a schedule change or a new work phone number, unless they would impose an undue hardship. How these rights apply at a particular employer depends on headcount, notice, and documentation.
What Can You Do If Your Abuser or Threat of Abuse Follows You to Work?
An employer can seek a workplace violence restraining order on behalf of an employee under California Code of Civil Procedure section 527.8 when the employee has faced unlawful violence or a credible threat of violence that can reasonably be connected to the workplace.
Changes effective January 1, 2025, extended this to harassment, allowed a union representative to file, and required that the employee be given a chance to decline being named. For a business owner who learns that an employee’s abuser has appeared in the parking lot, this order can protect the whole staff while the employee pursues a DVRO separately.
Protect Your Job and Workplace With Law Offices of Steven E. Springer
An emergency protective order buys you a few days of protection. A DVRO can last for years. At the Law Offices of Steven E. Springer, Attorney Steven E. Springer brings more than 35 years of combined business and legal experience, serving employees, individuals, and families who have been victims of domestic abuse.
With offices in San Jose, Morgan Hill, and Fremont, California, he works directly with clients across Santa Clara County. Schedule a free 20-minute consultation today to discuss how a restraining order can offer your the protection you need.