If you’re dealing with abuse from a spouse, partner, family member, or someone you’ve been in a relationship with, getting a domestic violence restraining order may be the most important step you can take to protect yourself and your children. These orders carry real legal weight as they can force the abuser to move out of your home, stay away from your workplace, surrender any firearms, and stop all contact with you entirely. But restraining orders cut both ways, and if you’ve been served with one based on allegations that aren’t true or that exaggerate what actually happened, your housing situation, your relationship with your kids, and potentially your job are all suddenly at risk. Either situation calls for legal representation from someone who understands how California’s protective order system actually works.
A Riverside, CA domestic violence restraining order lawyer can help you seek the protection you need or defend yourself against allegations that don’t reflect reality. Schank Family Law has handled restraining order matters throughout California for more than twenty years, representing survivors who need safety and respondents who are fighting back against claims that simply aren’t accurate. Both situations require skilled advocacy and a clear understanding of what courts look for when deciding whether to grant or deny these orders.
Call us today for a free consultation about what you’re facing.
Restraining order proceedings move fast and the stakes are high for petitioners seeking protection and for respondents whose lives can be upended by a single court order. Christian Schank founded this firm more than two decades ago, and throughout that time he has represented clients on both sides of these disputes. He has helped abuse survivors obtain emergency orders that got dangerous people out of their homes, and he has defended clients against allegations that ranged from exaggerated to completely fabricated.
Christian earned his law degree from University of La Verne College of Law and has maintained active membership with the California State Bar since 2003. He holds an AV rating from Martindale along with Lead Counsel Verified status for family law, credentials that reflect his professional standing over a long career handling some of the most emotionally charged matters in family law. His restraining order cases have included emergency situations requiring same-day court filings, contested hearings where credibility and evidence presentation determined outcomes, and matters where domestic violence allegations intersected with ongoing custody disputes in ways that made everything more complicated.
What Christian has learned over the years is that restraining order hearings are won or lost based on preparation and presentation. Judges have to make quick decisions based on limited information, and how that information gets organized and delivered matters enormously. For petitioners, that means documenting abuse effectively and presenting it in a way that conveys the danger clearly. For respondents, it means poking holes in the other side’s narrative and providing context that changes how the judge sees the situation. Having a family lawyer in Riverside, CA that understands what actually works in these hearings, not just the legal standards in the abstract, makes a real difference.
We offer free consultations because understanding your options shouldn’t require paying upfront, especially when you might be dealing with a crisis.
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“I worked with these lawyers whose professionalism and kindness eased my stress during a very difficult time. My restraining order attorney was thorough and quickly responded to emails and calls. If I had to work with an attorney in the future I would definitely reach out to them again! Highly recommended!” — Jennifer Carpenter-Wilson
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Restraining orders come up in different contexts and at different stages of crisis. Our Riverside domestic violence attorneys handle the full range.
California’s Domestic Violence Prevention Act, starting at Family Code Section 6200, establishes the rules for protective orders between people with qualifying relationships. Knowing these requirements helps you understand whether your situation fits within the DVRO framework.
The relationships that qualify include spouses and former spouses, domestic partners, people who are dating or used to date, people who live together or used to, parents who share a child, and people related by blood or marriage. Under Family Code Section 6211, one of these relationships has to exist for a domestic violence restraining order to be the right tool. Other situations, like problems with neighbors or coworkers, might qualify for civil harassment orders instead.
California defines domestic violence more broadly than many people realize. Family Code Section 6203 covers intentionally or recklessly causing bodily injury, sexual assault, putting someone in reasonable fear of imminent serious harm, and a whole range of other behavior including harassment, stalking, threats, destruction of property, and disturbing someone’s peace. Understanding California’s broad definition helps you see whether what you’re experiencing counts.
Temporary orders can be issued without the other person present what lawyers call “ex parte” when necessary to prevent abuse. Under Family Code Section 6300, courts can issue these orders based on reasonable proof of past abuse or threats combined with reasonable fear of future harm. The standard is intentionally low for temporary orders because courts would rather err on the side of protection.
Permanent orders require a hearing where both sides participate. Under Family Code Section 6340, the restrained person has a right to notice and an opportunity to be heard. At the hearing, both parties can present testimony, documents, photographs, text messages, and whatever other evidence they have. The petitioner has to prove abuse by a preponderance of the evidence meaning more likely than not.
DVROs can last up to five years initially. Under Family Code Section 6345, orders can be renewed before they expire, and renewals can potentially be permanent. The California Courts provide self-help resources explaining the basics, but contested hearings benefit significantly from having an attorney who knows how to present evidence and cross-examine witnesses effectively.
One thing that matters enormously: domestic violence findings affect custody proceedings. Family Code Section 3044 creates a presumption that giving custody to a parent who committed domestic violence within the last five years would be bad for the child. That presumption can be overcome, but it shifts the burden in ways that make custody much harder to obtain. This is why it is important to work with an attorney who understands how domestic violence connects to custody in order to help you see the full picture of what’s at stake.
Domestic violence restraining orders can include various provisions depending on what your situation requires. Here’s what California courts can order.
Stay-away requirements. The restrained person has to keep a specified distance from you, typically 100 yards, though courts can order more. This applies to your home, your job, your car, your children’s schools, and anywhere else you regularly go.
No-contact provisions. No calls, no texts, no emails, no social media messages, no contact through friends or family members. This includes supposedly friendly contact, and it applies even if you’re the one who reaches out first.
Move-out orders. Even if the restrained person owns or rents the home, courts can order them to leave immediately. The law recognizes that forcing abuse victims to find somewhere else to live while the abuser stays put doesn’t make sense.
Firearm surrender. California requires restrained persons to turn over all firearms and ammunition within 24 hours of being served. They can’t buy or possess guns while the order is active. This requirement exists because domestic violence situations become dramatically more dangerous when guns are involved.
Temporary custody and visitation. DVROs can include provisions giving the protected party temporary custody and limiting or supervising the restrained party’s time with children. These protect kids while longer-term custody arrangements get sorted out in family court. Understanding emergency custody protections helps parents know what’s possible.
Temporary support. Courts can order both child support and spousal support as part of a DVRO, providing financial stability during separation.
Property control. Orders can give the protected party exclusive use of vehicles, prevent interference with belongings, and address other property issues that arise when households split suddenly.
Attorney fee awards. Courts can order the restrained party to pay the protected party’s legal fees, helping ensure access to representation regardless of financial circumstances.
For respondents facing allegations, the stakes include all of the above plus potential criminal consequences under Penal Code Section 273.6, possible immigration implications, and damage to professional licenses. Defending against allegations requires presenting evidence that contradicts or provides context for the petitioner’s claims.
Restraining orders often intersect with other family law proceedings in important ways. Divorce cases frequently have concurrent DVRO matters. Property division can be affected by move-out orders. And domestic violence findings can shape custody outcomes for years into the future.
Whether you need protection from someone who has hurt you or you’re defending yourself against allegations that aren’t true, having experienced representation matters enormously in restraining order proceedings. We offer free consultations where we can hear what’s happening, explain how California’s protective order system applies to your situation, and discuss what strategies might work for achieving safety or clearing your name.
We handle restraining order matters throughout Riverside County—emergency petitions when time is critical, contested hearings that require serious courtroom advocacy, modifications when circumstances have changed, and defense when the allegations don’t match what actually happened.
If you’re in immediate danger, call 911 first. When you’re ready to talk through your legal options, reach out to Schank Family Law.
4261 Main St, Riverside, CA 92501
Attorney Christian L. Schank founded Schank Family Law in 2003. With eight offices and a Certified Family Law Specialist on staff, the firm handles divorce, custody, support, and property matters in courts across the state.
Last Updated: September 30, 2026 
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