Category Archives: Restraining Order

How Do California's "Automatic Restraining Orders" Affect My Divorce?

California’s “automatic restraining orders” immediately restrict both spouses from certain financial and personal actions the moment you file for divorce, and these rules can significantly affect your case.

Understanding how automatic restraining orders work—and what you can and cannot do during your divorce—can help you avoid costly mistakes and ensure a fair outcome. Let’s break down what these orders mean, why they exist, and how The Law Offices of Judy L. Burger can support you every step of the way.

What Are Automatic Restraining Orders in California Divorces?

Automatic restraining orders, also known as “Standard Family Law Restraining Orders” or ATROs, are legal restrictions that go into effect as soon as divorce papers are filed and served in California. You’ll find them printed on the back of your Summons (Form FL-110), and they apply equally to both spouses.

California Family Code Section 2040 mandates these orders. They keep things fair, prevent either spouse from making drastic changes, and maintain the status quo until the divorce is finalized.

What Do Automatic Restraining Orders Actually Prevent?

Automatic restraining orders mainly stop either spouse from making major financial moves or personal changes without the other spouse’s knowledge and the court’s approval. Here’s what you need to know:

Financial Restrictions:

No transferring, selling, or hiding property (including real estate, bank accounts, cars, and investments)
No changing beneficiaries on life insurance, retirement accounts, or other policies
No taking out new loans, cash advances, or incurring unusual debts
No withdrawing large sums from joint accounts, unless needed for usual living expenses or legal fees

Personal Restrictions:

No taking minor children out of California without written consent from the other parent or a court order
No canceling health, auto, or other insurance that covers the family

These restrictions are automatic—they do not require a separate court hearing or a judge’s special order. The goal is to protect both parties, prevent “gamesmanship,” and keep assets and children secure while the court sorts out the details of your divorce.

Why Does California Use Automatic Restraining Orders?

California’s lawmakers created automatic restraining orders to promote fairness and reduce conflict during divorce. In the past, some spouses would try to gain an upper hand by transferring assets, racking up debt, or moving children out of state before the other spouse could respond. Family Code Section 2040 was designed to stop these tactics and give both parties an equal footing while legal proceedings are underway.

What Happens If Someone Violates an Automatic Restraining Order?

Violating an automatic restraining order is serious. The court may impose penalties, reverse unauthorized transactions, and even sanction or fine the offending spouse. In extreme cases, criminal charges could apply. If you believe your spouse has violated an ATRO, or if you’re not sure whether an action is allowed, consult an experienced attorney right away.

How Do Automatic Restraining Orders Impact Your Day-to-Day Life?

You may still use marital accounts for regular living expenses, pay bills, and hire a family law attorney. However, you must avoid any unusual or major financial transactions until your case is resolved or you get the court’s explicit approval.

If you need to sell property, travel with your children, or make other significant decisions, you’ll usually need to file a motion and ask the court for permission. Your attorney can help you navigate these steps to avoid unintentional violations.

How Can The Law Offices of Judy L. Burger Help?

Judy L. Burger is a California Certified Family Law Specialist with decades of experience guiding clients through the complexities of divorce—including automatic restraining orders. With offices across California, Judy and her team are known for their in-depth knowledge, strategic problem-solving, and fierce advocacy. Whether your divorce involves complex assets, child custody disputes, or concerns about restraining orders, Judy L. Burger’s firm offers the expertise you need.

Clients appreciate the firm’s clear communication, attention to detail, and commitment to protecting their interests at every stage. The Law Offices of Judy L. Burger have helped countless Californians avoid costly mistakes and achieve favorable divorce outcomes.

Frequently Asked Questions About Automatic Restraining Orders

What is the legal basis for automatic restraining orders in California divorces?
California Family Code Section 2040 requires ATROs and lists exactly what is restricted. They’re printed on every divorce summons and enforced by the court.

Can I pay bills or hire an attorney during my divorce?
Yes. You may use marital funds for necessary living expenses and legal fees, but avoid large or unusual transactions unless you have the court’s approval.

Do automatic restraining orders mean I can’t move assets at all?
You can’t make significant changes to property or accounts, but you can make reasonable transactions for daily life. When in doubt, check with your attorney.

What if my spouse violates an automatic restraining order?
Report the violation to your attorney immediately. The court can reverse the action, impose penalties, or take other steps to protect your rights.

Can I travel with my kids during the divorce?
You can’t take your children out of California without the other parent’s written consent or a specific court order.

Get Experienced Help with California Divorce

Automatic restraining orders are a fundamental part of every California divorce. They protect both spouses by preventing major financial changes and maintaining the status quo until the court issues final orders. Knowing your rights and responsibilities under these orders is critical to a smooth and fair divorce process.

If you have questions about automatic restraining orders, need help navigating your divorce, or are concerned about protecting your assets and your children, call The Law Offices of Judy L. Burger today. Our experienced California family law team is ready to guide you through every challenge and help secure your future.

Domestic Violence, Restraining Order, Restraining Order

What Are the Differences Between Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Orders?

August 7, 2026 TRIWriter

The primary differences between Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Orders in California involve who issues the orders, when they are used, how long they last, and the steps required to obtain them.

Summary: In California, EPOs provide immediate, short-term protection and are issued by law enforcement; TROs are issued by a judge to extend protection until a hearing; Permanent Orders are long-term protections granted by a judge after a formal hearing. These orders form a timeline of safety measures for those experiencing domestic violence or threats.

How Do These Orders Work Together in California?

Think of these orders as a chronological safety net. If someone is in immediate danger, law enforcement can request an EPO to provide urgent protection. As the EPO nears expiration, a TRO can be filed to maintain safety until a court hearing. After both parties have had a chance to present evidence, a judge may grant a Permanent Order to provide long-term protection. Each order plays a crucial role in protecting victims of domestic violence and ensuring due process for all parties involved.

What Is an Emergency Protective Order (EPO)?

An Emergency Protective Order is the fastest way to get immediate legal protection in California. Here’s how it works:

Who Issues: Only law enforcement (usually responding to a crisis) can request an EPO. Officers call a judge, available 24/7, who can issue the order on the spot.
Purpose: EPOs are designed for urgent, on-the-scene situations like domestic violence, child abuse, elder abuse, or threats of harm.
Duration: EPOs are extremely short-term—they last five court days or seven calendar days, whichever is shorter.
How to Apply: Victims cannot request EPOs themselves; a police officer must initiate the process.

EPOs offer a critical bridge to safety, giving victims the time they need to leave a dangerous situation and seek further legal protection.

What Is a Temporary Restraining Order (TRO)?

A Temporary Restraining Order is the next step in the protective timeline:

Who Issues: A judge in civil or family court.
Purpose: TROs extend protection after an EPO expires. These are typically granted “ex parte,” meaning the alleged abuser does not have to be present or notified beforehand.
Duration: TROs generally last 21 to 25 days, until a scheduled court hearing.
How to Apply: The person seeking protection, or their attorney, must file paperwork with the court. This is a crucial step to maintain safety after the initial crisis has passed.

TROs are vital to ensuring there is no gap in protection while awaiting the court’s decision on longer-term orders.

What Are Permanent Restraining Orders?

Permanent Restraining Orders—also called “Final Orders” or “Restraining Orders After Hearing (ROAH)”—provide long-term security:

Who Issues: A judge, but only after a formal court hearing where both sides can present evidence and testimony.
Purpose: These orders can include mandates like child custody, property control, and firearm relinquishment, tailored to the specifics of the case.
Duration: Permanent Orders typically last up to five years. In domestic violence cases (DVROs), they can be renewed or made permanent if the protected party continues to reasonably fear harm—no need to prove new abuse.
How to Apply: The judge grants this order at the end of the TRO hearing, provided sufficient evidence is presented.

Permanent Orders are essential for safeguarding victims over the long term and can address a wide range of safety and family law concerns.

Example Scenarios

EPO Example: Police respond to a late-night domestic violence call. The officer observes clear threats and, concerned for the victim’s immediate safety, calls a judge. The EPO is issued and takes effect instantly, forcing the abuser to leave the residence for up to seven days.
TRO Example: Before the EPO expires, the victim (with an attorney’s help) files for a TRO at the courthouse, ensuring ongoing protection until the court date.
Permanent Order Example: At the hearing, both parties testify. The judge finds a credible threat and issues a Permanent Order, including child custody terms and a firearm surrender requirement for the abuser.

How The Law Offices of Judy L. Burger Can Help

At The Law Offices of Judy L. Burger, we have years of experience helping clients understand and secure the right orders for their unique situations. Attorney Judy L. Burger is a California Certified Family Law Specialist known for her assertive, strategic advocacy and deep knowledge of California’s domestic violence and family law system. Whether you need immediate protection or long-term security, our team provides clear guidance and steadfast support at every stage.

Frequently Asked Questions

Q: Can I get an EPO myself?
A: No. Only law enforcement can request an EPO from a judge during a crisis.

Q: How do I get a TRO?
A: You (or your attorney) must file paperwork at the courthouse. TROs are often granted the same day.

Q: How long does a Permanent Order last?
A: Usually up to five years, but certain domestic violence orders can be renewed indefinitely.

Q: Do I need a lawyer for these orders?
A: While not required, a skilled attorney can help you navigate the process, gather evidence, and advocate for your rights in court.

Protect Your Future—Contact The Law Offices of Judy L. Burger

If you need to understand or obtain orders for protection in California, don’t face the process alone. Contact The Law Offices of Judy L. Burger for a confidential consultation. Our experienced team will explain your options and fight to safeguard your rights and safety at every step.

Domestic Violence, Restraining Order, Restraining Order

Are There New CA Restraining Order Changes for 2026?

February 2, 2026 TRIWriter

California’s commitment to protecting domestic violence survivors remains strong as we move through 2026. While there hasn’t been a major legislative overhaul this year, the state continues to refine and strengthen restraining order laws to serve victims better and hold abusers accountable. Recent changes that took effect in late 2025 are now being implemented across California courts, bringing important updates that affect how restraining orders work and how survivors are supported in the workplace and legal system.

Key Recent Changes Affecting 2026

The most significant recent development is Assembly Bill 406, which became effective in late 2025. This legislation establishes workplace violence leave, requiring California employers to provide job-protected time off for employees who are victims of violence or abuse. This groundbreaking law recognizes that domestic violence doesn’t stop affecting victims when they arrive at work and that survivors often need time to seek restraining orders, attend court hearings, relocate to safe housing, or address other safety concerns.

Under AB 406, eligible employees may take time off to obtain restraining orders or other court orders, seek medical attention for injuries, obtain services from domestic violence programs, participate in safety planning, or seek legal assistance. This law represents a crucial shift in how California supports domestic violence survivors, acknowledging that maintaining employment while escaping abuse is essential for long-term safety and independence.

Enhanced Flexibility in Domestic Violence Restraining Orders

California has also implemented ongoing modifications to the Domestic Violence Restraining Order process that give victims greater flexibility and control. One significant change allows victims to request modifications to restraining order terms mid-order without waiting for expiration or renewal. This means if your circumstances change or you need additional protections, you can petition the court to adjust the order’s terms.

For example, if the restrained person violates the order by attempting contact at your workplace, you can request that the court add your workplace to the protected locations. If you relocate or your children change schools, you can modify the order to reflect these new addresses that require protection. This flexibility recognizes that domestic violence situations are dynamic and that protection orders must adapt to changing circumstances.

Streamlined Renewal Processes

The renewal process for domestic violence restraining orders has also been refined to serve victims better. California law now provides clearer procedures for extending restraining orders, with increased focus on victim safety rather than requiring victims to prove an ongoing threat each time they seek renewal. Courts are taking a more victim-centered approach, recognizing that the risk of violence often persists long after the initial order is granted.

Permanent restraining orders (which, despite the name, typically last three to five years) can now be renewed more efficiently if there’s any reasonable apprehension of future abuse. This reduces the burden on survivors who previously had to repeatedly relive traumatic experiences to justify continued protection.

Clearer Employer Roles and Responsibilities

Beyond AB 406’s leave provisions, California has clarified employer responsibilities in supporting employees who are domestic violence survivors. Employers now have more explicit guidance on handling situations in which a restrained person attempts to contact an employee at work, implementing workplace safety measures for protected employees, and responding to restraining orders that include the workplace as a protected location.

These clarifications help create safer work environments for survivors and provide employers with the tools and knowledge they need to support their employees effectively while maintaining workplace safety for everyone.

Types of Restraining Orders in California

California offers several types of restraining orders, each designed for specific situations.

Domestic Violence Restraining Orders protect individuals from abuse by current or former intimate partners, spouses, dating partners, or close family members.
Civil Harassment Restraining Orders address harassment, stalking, or threats by neighbors, roommates, or acquaintances who don’t qualify under domestic violence provisions.
Workplace Violence Restraining Orders can be requested by employers on behalf of employees facing credible threats of violence at work.
Elder or Dependent Adult Abuse Restraining Orders protect vulnerable adults from abuse or neglect.

Understanding which type of order applies to your situation is crucial for obtaining appropriate protection.

The Importance of Experienced Legal Representation

Navigating California’s restraining order system, especially with recent legal changes, requires specialized knowledge and experience. Domestic violence cases are among the most sensitive and complex matters in family law, involving immediate safety concerns, emotional trauma, and often intertwined issues of child custody, property division, and financial support.

Judy L. Burger is a Certified California Family Law Specialist, a distinction held by only ten percent of family law attorneys in the state. This certification, granted by the State Bar of California Board of Legal Specialization, demonstrates extensive experience handling complex family law matters, including domestic violence cases and restraining orders.

With decades of experience representing domestic violence survivors throughout California, Judy Burger understands the nuances of restraining order law and how recent changes affect your case. She knows how to present compelling evidence to the court, how to leverage new provisions like mid-order modifications to enhance your protection, and how to coordinate restraining orders with other family law matters such as divorce and custody proceedings.

Her experience includes working with law enforcement, victim advocates, and other professionals to create comprehensive safety plans for clients. She understands that obtaining a restraining order is often just the first step in a longer journey toward safety and stability, and she provides the ongoing legal support survivors need.

Taking Action to Protect Yourself

If you’re experiencing domestic violence, stalking, harassment, or threats, don’t wait to seek help. California’s strengthened restraining order laws provide more robust protections than ever before, and recent changes make it easier for survivors to obtain and maintain the protection they need.

Remember that restraining orders serve multiple purposes: they legally prohibit the abuser from contacting or coming near you, they provide law enforcement with clear authority to arrest violators, they can address custody and visitation issues to protect your children, and they establish a legal record of abuse that can be important in future proceedings.

Frequently Asked Questions About Domestic Violence and Restraining Orders

Q: How quickly can I get a restraining order in California?

A: California offers emergency protective orders that law enforcement can request on your behalf immediately, valid for up to seven days. You can also request a temporary restraining order (TRO) by filing paperwork with the court, which can be granted the same day without the abuser being present. The TRO remains in effect until your full hearing, typically scheduled within 21 days, where the judge decides whether to issue a long-term restraining order.

Q: What happens if the restrained person violates the order?

A: Violating a restraining order is a criminal offense in California. If the restrained person contacts you, comes near you, or otherwise violates the order’s terms, you should immediately call law enforcement. Police can arrest the violator, and they may face criminal charges, including fines and jail time. Keep detailed records of all violations, including dates, times, and any evidence such as text messages, emails, or voicemails.

Q: Can I get a restraining order if we have children together?

A: Yes, and the restraining order can include provisions addressing child custody and visitation. The court can order supervised visitation or exchange arrangements that keep you safe while allowing the restrained person appropriate contact with the children. California courts prioritize child safety and recognize that domestic violence affects children even when they’re not direct victims.

Q: Will getting a restraining order affect my divorce or custody case?

A: A restraining order can significantly impact divorce and custody proceedings. Evidence of domestic violence is highly relevant in custody determinations, as California law presumes it’s detrimental to children’s best interests to award custody to a parent who has perpetrated domestic violence. The restraining order can also affect property division, spousal support, and attorney’s fees. This is why having an attorney who handles both restraining orders and family law matters is crucial.

Q: Do I need a lawyer to get a restraining order?

A: While you can file for a restraining order without an attorney, having experienced legal representation significantly improves your chances of success and ensures your order includes all necessary protections. An attorney can help you present compelling evidence, properly complete complex forms, prepare you for the hearing, address related family law issues comprehensively, and modify or enforce the order if needed. Given the serious safety implications and legal complexity, especially with recent changes in the law, professional legal assistance is strongly recommended.

Get the Experienced Help You Deserve

Domestic violence situations require immediate, knowledgeable legal intervention. Don’t face this challenging time alone or try to navigate California’s complex restraining order system without experienced guidance. Your safety and your children’s safety are too important to risk.

Contact The Law Offices of Judy L. Burger today for a confidential consultation. We understand the urgency of domestic violence situations and are committed to helping you obtain the protection you need. Call our offices or visit our website to speak with our team. You don’t have to face this alone—expert legal help is available, and taking that first step toward safety starts with a phone call.

Domestic Violence, Restraining Order, Restraining Order

What Should I Know Before Requesting an Ex Parte Hearing?

December 23, 2025 TRIWriter

Family law emergencies don’t always wait for regularly scheduled court dates. When urgent situations threaten your safety, your children’s well-being, or your financial security, California law provides a mechanism for immediate court intervention: the ex parte hearing. The Law Offices of Judy L. Burger, led by Certified California Family Law Specialist Judy Burger, has extensive experience handling ex parte matters and can provide swift, strategic representation for urgent situations.

Understanding Ex Parte Hearings in California

An ex parte hearing is an emergency court proceeding requested on shortened notice—sometimes with little or no advance notice to the other party. The term “ex parte” means “from one party,” indicating that these hearings can proceed even if the other side hasn’t had the typical amount of time to prepare a response.

Unlike regular motions that require 16 court days’ notice, ex parte applications can be heard within days or even hours of filing. California courts reserve ex parte hearings for genuine emergencies where waiting for a regular hearing would cause immediate harm or irreparable injury. Judges scrutinize ex parte requests carefully because they deviate from the normal process that gives both parties adequate time to prepare.

Ex parte hearings are not the appropriate venue for routine disputes or matters that have existed for weeks or months without creating immediate danger. Courts expect parties to use regular motion procedures unless circumstances truly qualify as emergencies requiring immediate judicial intervention.

When Ex Parte Relief Is Appropriate

California family courts grant ex parte hearings in specific urgent circumstances, including:

Immediate Safety Concerns: When domestic violence, child abuse, threats of harm, or kidnapping risks exist, ex parte hearings allow victims to obtain immediate protective orders, modify custody arrangements, or secure other safety measures without delay. These situations represent the clearest justification for emergency relief.
Child Custody Emergencies: Beyond safety threats, ex parte custody relief may be appropriate when a parent violates existing custody orders by refusing to return a child, when a parent plans to leave the jurisdiction with the child without permission, or when a child faces immediate risk of harm in their current placement.
Financial Emergencies: Ex parte financial relief addresses situations like a spouse draining bank accounts, hiding or destroying marital assets, failing to pay court-ordered support, causing imminent eviction or utility shutoff, or refusing to maintain required insurance coverage. The key is demonstrating immediate, irreparable financial harm.
Property Protection: When a spouse threatens to sell, transfer, or destroy significant marital property, ex parte orders can prevent these actions until a regular hearing addresses property division properly.

Information and Documentation You Need

Successfully obtaining ex parte relief requires thorough preparation and compelling evidence. Courts won’t grant emergency orders based on general allegations or unsubstantiated claims. You should gather:

Detailed Declaration Under Penalty of Perjury

Your declaration must clearly explain what emergency exists, why you couldn’t address it through regular motion procedures, when you learned of the emergency, what immediate harm will occur without court intervention, and what specific relief you’re requesting. Include specific dates, times, locations, and factual details that demonstrate the urgency.

Supporting Evidence

Gather all available evidence supporting your emergency claim: police reports, medical records, photographs of injuries or property damage, threatening text messages or emails, bank statements showing asset dissipation, witness declarations, and documentation of violated court orders. The more concrete evidence you provide, the stronger your case.

Notice Requirements Documentation

California law requires you to notify the other party of your ex parte request unless doing so would create danger or defeat the emergency relief’s purpose. You must document your efforts to provide notice, including when and how you notified the other party or explain why notice wasn’t possible. Failure to properly handle notice requirements can result in the denial of your request.

Proposed Orders

Prepare clear, specific proposed orders stating exactly what you want the court to order. Vague requests reduce your chances of success. Your proposed orders should be narrowly tailored to address the specific emergency.

Financial Information

For financial emergencies or requests involving support or attorney fees, provide current income and expense declarations, account statements, and documentation of the financial crisis.

Existing Court Orders

Bring copies of all relevant existing court orders, especially if your ex parte request involves alleged violations of those orders.

How the Ex Parte Process Works in California

The ex parte process moves quickly but requires strict compliance with procedural rules. Generally, you must notify the court and the other party by 10:00 a.m. on the court day before your requested hearing date. Some courts have specific ex parte departments or calendars, while others hear ex parte matters at designated times.

At the hearing, you’ll have limited time to present your case—often just minutes. The judge will review your written materials, hear a brief oral argument, and may ask questions. If the other party appears, they’ll have an opportunity to respond. The judge will then decide whether to grant temporary emergency orders.

Ex parte orders are temporary. If the court grants your request, it will typically schedule a follow-up hearing—called an Order to Show Cause hearing—within a few weeks, where both parties can fully argue the issues. The ex parte orders remain in effect until that hearing unless modified.

How Certified Family Law Specialist Judy Burger Can Help

Ex parte proceedings are high-stakes, fast-paced legal matters requiring sophisticated knowledge of family law and courtroom experience. Judy L. Burger’s certification as a Family Law Specialist by the State Bar of California Board of Legal Specialization demonstrates her exceptional expertise in handling complex, urgent family law matters.

This certification, earned by fewer than 10% of California family law attorneys, requires extensive experience, passing a rigorous examination, ongoing education, and peer recognition. When facing a family law emergency, working with a Certified Specialist provides significant advantages.

Judy Burger and her team understand what constitutes a true emergency warranting ex parte relief versus situations better addressed through regular procedures. She knows how to craft compelling declarations that clearly articulate the emergency, marshal persuasive evidence, comply with technical notice and procedural requirements, and present effective oral arguments in the limited time available.

The Law Offices of Judy L. Burger has successfully obtained ex parte orders protecting clients from domestic violence, preventing child abduction, stopping asset dissipation, and addressing other urgent matters throughout California. Judy’s experience includes representing clients at ex parte hearings and defending against improper ex parte requests.

Beyond obtaining immediate relief, Judy provides strategic guidance for the follow-up proceedings. Ex parte orders are just the first step; you need representation for the subsequent hearings where the court will determine whether to extend, modify, or terminate the emergency orders.

Frequently Asked Questions About Ex Parte Hearings

What happens if my ex parte request is denied?

If the court denies your ex parte request, you can still file a regular motion or Request for Order addressing the same issues through normal procedures. The denial doesn’t prevent you from seeking relief; it simply means the court didn’t find sufficient emergency circumstances to justify shortened notice. Your attorney can help you understand why the request was denied and develop an alternative strategy.

Can I request an ex parte hearing without an attorney?

While you can represent yourself in ex parte proceedings, doing so is risky. Ex parte hearings involve complex procedures, strict deadlines, and high stakes. Mistakes in paperwork, notice, or presentation can result in the denial of your request, potentially leaving you without protection in an emergency. The compressed timeline makes it especially difficult for self-represented parties to prepare effective requests.

How much does an ex parte hearing cost?

Costs vary based on case complexity and attorney fees, but ex parte matters typically require fewer attorney hours than regular motions due to the shortened timeline. Some ex parte requests include asking the court to order the other party to pay your attorney fees, especially in financial emergency situations.

What if the other party violates the ex parte order?

Violating court orders can result in contempt of court findings, fines, jail time, and other sanctions. If the other party violates an ex parte order, document the violations thoroughly and immediately inform your attorney. You may need to file an Order to Show Cause regarding contempt or request additional enforcement measures.

Can an ex parte order be overturned?

Yes. At the follow-up Order to Show Cause hearing, the responding party can present their full case, and the court may modify or terminate the ex parte orders based on complete information from both sides. This is why ex parte orders are temporary—they’re based on limited information presented in an emergency context. The subsequent hearing provides full due process for both parties.

Get Immediate Help for Your Family Law Emergency

When you’re facing a genuine family law emergency requiring immediate court intervention, time is critical. The Law Offices of Judy L. Burger provides experienced, strategic representation for ex parte matters throughout California.

Contact Certified California Family Law Specialist Judy Burger immediately if you need emergency court relief. Our team understands the urgency of these situations and can quickly assess whether ex parte relief is appropriate, prepare compelling documentation, and provide effective representation at your emergency hearing.

Call us now or visit our website—when emergencies arise, every moment counts, and expert legal guidance can make all the difference in protecting you and your family.

Domestic Violence, Restraining Order, Restraining Order

Does Domestic Violence Increase During the Holidays?

December 15, 2025 TRIWriter

The answer is a troubling yes. While the holiday season is often portrayed as a time of joy, family togetherness, and celebration, for many individuals living with domestic violence, it represents a period of heightened danger and fear. Understanding this reality is critical for protecting vulnerable family members and knowing when and how to seek help.

The Statistics Tell a Sobering Story

Recent data confirms what domestic violence advocates have long observed: domestic violence spikes every year during the holidays. The numbers are significant and consistent across different regions.

An IPV study based on data gathered between 2005 and 2017 showed that 15% of all domestic violence-related visits to emergency rooms occurred during holiday periods, with New Year’s Eve having the highest incident rate.
San Antonio’s Metro Health reports domestic violence cases tend to rise by around 25% during the holidays. This trend isn’t isolated to one community. Police say several factors contribute to the increase in domestic violence during the holidays, including financial stress, alcohol and drugs, holiday shopping pressures, and family dynamics.
A 2024 report, “The Costs of Intimate Partner Violence in California,” reveals a cost of $73.7 billion to the state in health care, lost productivity and income, and criminal justice and response program spending for domestic violence cases in 2022 alone. This is about 2% of California’s gross domestic product.

The pattern extends beyond just major winter holidays. Stress elevates, finances usually take a hit, alcohol and drug use tend to increase, and people are at home more with their family during various holiday periods throughout the year, creating multiple windows of increased risk.

Why Does Domestic Violence Increase During Holidays?

Several key elements create what some advocates call a “perfect storm” of risk factors.

Financial Stress and Economic Pressure

The expectation to buy gifts, host gatherings, and create picture-perfect celebrations places enormous financial strain on households. Financial stress is one of the most significant contributors to the rise in domestic violence during the holidays, as the pressure to buy gifts, host gatherings, and meet societal expectations can strain household budgets, often exacerbating existing tensions within relationships.

Increased Alcohol and Substance Use

The holiday season is often accompanied by increased alcohol consumption, which is a well-known risk factor for domestic violence, as alcohol can impair judgment and lower inhibitions, making it easier for underlying tensions to erupt into physical confrontations. Holiday parties and social gatherings often normalize excessive drinking, providing abusers with both opportunity and excuse for violent behavior.

Heightened Emotional Expectations

The cultural pressure to be happy, grateful, and family-oriented during the holidays creates additional stress for those in troubled relationships. The holidays can be emotionally taxing, as the expectation to maintain a cheerful demeanor, coupled with the stress of family interactions, can lead to heightened emotions, and for those already in volatile relationships, these emotional triggers can escalate conflicts into physical violence.

Increased Time Together and Isolation

With families spending extended time together, such as spouses or parents with school-age children back at home on a school break, the chances of violence within a household increase. Additionally, during the holidays, many support services like shelters and hotlines may have reduced hours or may be understaffed, making it more challenging for victims to seek help or escape abusive situations.

Control and Power Dynamics

While there are several factors that can fuel domestic violence during the holidays, the root cause usually involves one family member exerting control over another. The holidays provide abusers with additional opportunities to isolate victims from support systems, control finances, and manipulate family dynamics.

The Hidden Reality: The Honeymoon Phase

Interestingly, domestic violence shelters report a complex pattern during the holidays. Shelters actually see short dips this time of year, when survivors try to go back home, as the honeymoon phase kicks in with abusers saying, ‘I love you, I’m sorry, it’s the holidays. This cycle makes the holiday period particularly dangerous, as victims may return to unsafe situations hoping for change that rarely materializes.

How Judy Burger Can Help

If you’re experiencing domestic violence, taking legal action can be a critical step toward safety and protection. As a California Certified Family Law Specialist, Judy L. Burger has dedicated her practice to helping victims of domestic violence obtain the legal protection they need. This certification, held by fewer than 10% of California family law attorneys, reflects advanced knowledge and proven experience in family law matters, including domestic violence cases.

Judy can help you obtain a domestic violence restraining order, which can provide multiple layers of protection. In California, these orders can require the abuser to stay away from you, your home, your workplace, and your children’s schools. They can also address child custody and visitation, require the abuser to move out of a shared residence, and prohibit the abuser from possessing firearms.

The Law Offices of Judy L. Burger understands the urgency of domestic violence situations. Judy and her team can guide you through the process of obtaining emergency protective orders, temporary restraining orders, and permanent restraining orders. They can also help you navigate related family law matters, including divorce, child custody, and property division, when domestic violence is a factor.

Beyond restraining orders, Judy can provide comprehensive legal representation if you’re going through a divorce involving domestic violence. She understands how abuse affects custody determinations, spousal support calculations, and property division. Her approach prioritizes your safety and your children’s safety while protecting your legal rights and financial interests.

Recognizing the Signs and Taking Action

Domestic violence takes many forms beyond physical abuse. In California, abuse can be emotional, psychological, verbal, or physical. It can include controlling access to money, isolating someone from friends and family, or engaging in coercive control that interferes with a person’s free will and personal liberty.

If you’re in immediate danger, always call 911 first. Once you’re safe, contacting an attorney who understands domestic violence can help you create a comprehensive safety plan and obtain legal protection.

The time when leaving or planning to leave an abusive relationship can be the most dangerous. Having a skilled attorney on your side ensures you understand your options, have proper legal documentation, and take steps that protect both your immediate safety and your long-term interests.

Holiday Domestic Violence FAQs

Can I get a restraining order during the holidays, even when courts are closed?

Yes. Law enforcement officers can request emergency protective orders from judges 24 hours a day, including holidays and weekends. These emergency orders last 5-7 days and go into effect immediately, giving you time to seek a longer-term domestic violence restraining order from the court when it reopens.

Does a domestic violence restraining order affect child custody during the holidays?

Yes. A domestic violence restraining order can include temporary custody and visitation orders that remain in effect during the holidays. The court prioritizes the safety of children when domestic violence is present, and holiday visitation schedules can be modified or supervised to ensure protection.

What if my abuser promises to change and wants me to drop the restraining order for the holidays?

You should never feel pressured to drop legal protection. The “honeymoon phase,” where abusers apologize and promise change, is a well-documented part of the cycle of violence. Consult with your attorney before making any decisions about modifying or dismissing a restraining order, regardless of promises made.

Can financial stress during the holidays be used as a defense for domestic violence?

No. While financial stress may be a contributing factor to increased tension, it is never an excuse or legal defense for domestic violence. California law protects victims regardless of the circumstances that may have contributed to the abuser’s behavior. Everyone has the right to live free from violence and abuse.

Is there a cost to file for a domestic violence restraining order in California?

No. There is no filing fee to request a domestic violence restraining order in California. The court process is designed to be accessible to all victims of domestic violence, regardless of their financial situation. Additionally, if your restraining order is granted, the court can order the abuser to pay your attorney’s fees and costs.

Take Action to Protect Yourself and Your Family

The holidays should be a time of safety, peace, and genuine celebration—not fear and danger. If you or someone you care about is experiencing domestic violence, especially during this high-risk holiday season, don’t wait to seek help.

The Law Offices of Judy L. Burger is here to provide the legal guidance and protection you need. With offices throughout California and a deep commitment to helping victims of domestic violence, Judy Burger and her team understand the courage it takes to seek help and the urgency of your situation.

Don’t let another holiday season pass in fear. Call The Law Offices of Judy L. Burger now and learn about your legal options for protection. Your safety and your children’s safety are too important to wait. Reach out today—we’re ready to help you reclaim your life and build a safer tomorrow.

If you are in immediate danger, call 911. For confidential support, contact the National Domestic Violence Hotline at 1-800-799-7233.

Restraining Order

Can a Certified CA Family Law Specialist Defend Me Against a Restraining Order?

October 24, 2025 TRIWriter

Facing a restraining order can be a daunting experience, especially in the emotionally charged realm of family law. Whether you’ve been served with a temporary restraining order (TRO) or are navigating the complexities of a permanent order, the significance of having a knowledgeable advocate in your corner cannot be overstated.

A Certified California Family Law Specialist, like Judy Burger, possesses the relevant expertise and skills to mount a robust defense against restraining orders, ensuring that your rights and interests are protected throughout the legal process.

Understanding Restraining Orders

Restraining orders are legal orders issued by a court to protect individuals from harassment, abuse, or threats. In California, there are several types of restraining orders, but they typically fall into the following categories:

Domestic Violence Restraining Orders: These orders protect individuals from abuse or threats by someone they have a close relationship with, such as a spouse, partner, family member, or cohabitant.
Civil Harassment Restraining Orders: These orders offer protection against harassment from individuals who do not have a significant relationship with the victim, such as neighbors, acquaintances, or strangers.
Elder or Dependent Adult Abuse Restraining Orders: Specifically designed to protect elderly individuals or dependent adults from abuse or neglect.
Workplace Violence Restraining Orders: These orders can be issued to protect employees from threats or violence in the workplace.

Reasons for a Restraining Order

There are various reasons one might file for a restraining order, including:

Domestic Violence: Allegations of physical harm, threats of violence, or psychological abuse.
Stalking or Harassment: Continuous unwanted contact or surveillance that causes distress or fear.
Child Custody Issues: Concerns about a parent’s behavior affecting the safety and well-being of a child.
Threats of Harm: Verbal or written threats that create fear of imminent harm.
Substance Abuse: When an individual’s substance abuse issues pose a threat to themselves or others.

While these orders are intended to safeguard individuals, they can be based on misunderstandings, miscommunications, or false accusations. Consequently, facing a restraining order can significantly affect one’s personal life, professional relationships, and even parental rights.

The Importance of Legal Representation

When you are served with a restraining order, it is crucial to seek legal representation immediately. There are several reasons for this:

Understanding the Legal Process

Restraining orders involve complex legal procedures. A family law specialist can help you navigate the system, ensuring that you meet all necessary deadlines and follow all required protocols.

Crafting a Defense Strategy

A knowledgeable attorney will help develop a defense strategy tailored to the specifics of your case. Whether you aim to contest the order or seek modifications, having professional guidance can significantly influence the outcome.

Navigating Emotional Turmoil

The experience of facing allegations can be intensely stressful and emotionally taxing. Having a seasoned attorney by your side can alleviate some of this stress, allowing you to focus on your well-being while they handle the legal minutiae.

Representation in Court

If the case proceeds to a hearing, having a legal advocate who understands courtroom dynamics and is skilled at presenting evidence and arguments is crucial. They can present your case effectively and aim for a favorable ruling.

Protecting Future Rights

An order can have long-lasting implications, including impacting child custody arrangements or professional opportunities. A family law specialist will work to protect your rights and reduce adverse consequences.

How a Certified Family Law Specialist Can Help

A Certified California Family Law Specialist, like Judy Burger, brings specialized knowledge and experience that is invaluable in defending against a restraining order. Here are some of the benefits of working with a specialist:

In-Depth Knowledge of Family Law: Judy’s certification indicates a significant level of expertise in family law, including the specifics related to restraining orders. This enables her to offer personalized advice and representation tailored to the nuances of California law.
Experience with Restraining Orders: Understanding the intricacies of restraining orders requires an attorney who is well-versed in past cases and has successfully employed defense strategies. Judy’s experience equips her to tackle your case effectively.
Personalized Attention: Judy takes the time to listen to her clients and understand their unique situations. This customized approach ensures that your specific circumstances and concerns are addressed in the development of your legal strategy.
Mediation Skills: A family law specialist is skilled at conflict resolution. In cases where there could be room for negotiation, Judy can help facilitate productive dialogue aimed at resolving issues amicably.
Emotional Support and Resources: Beyond legal services, Judy recognizes the emotional strain that accompanies such cases and can connect clients with additional support resources, including counseling and support groups.

FAQs About Restraining Orders

How long does a restraining order last in California?

A temporary restraining order lasts until the court’s hearing, usually about 21 days. If a permanent restraining order is granted, it can last up to five years, with the possibility of renewal.

Can you contest a restraining order?

Yes, a person served with a restraining order has the right to contest it in court. A skilled attorney can help prepare a defense and present evidence to challenge the order.

What evidence is needed to support a restraining order?

The petitioner must provide evidence demonstrating a credible threat of harm or harassment, which may include testimony, photographs, police reports, or witness statements.

Can I communicate with the person who has the restraining order against me?

Generally, no. Violating a restraining order can result in legal consequences. Always consult your attorney for guidance on permissible communication.

What happens if a restraining order is violated?

Violating a restraining order can lead to criminal charges, fines, or imprisonment. It is essential to comply with the order while seeking legal advice.

CA Restraining Order Defense Lawyer

Facing a restraining order is a serious matter that requires immediate legal attention. With the help of a Certified California Family Law Specialist like Judy Burger, you have a better chance of crafting a strong defense, protecting your rights, and mitigating the potential impacts on your life.

Don’t navigate this complex process alone—reach out for professional legal support that understands your unique situation and can advocate for your interests.

California Divorce, Domestic Violence, Restraining Order, Restraining Order

What Happens at an Ex Parte Hearing?

September 30, 2025 TRIWriter

When navigating legal matters, particularly in family law, you may encounter various types of hearings, one of which is an ex parte hearing. Let’s delve into what an ex parte hearing is, the steps involved, the reasons courts may grant them, and how Judy L. Burger can assist you in this process.

What Is an Ex Parte Hearing?

An ex parte hearing is a legal proceeding in which one party presents its case to a judge without the opposing party being present. The term “ex parte” originates from Latin, meaning “from one party.” This type of hearing is typically reserved for situations where one party needs emergency relief or immediate action from the court, which cannot wait for the standard notice and hearing timelines.

Ex parte hearings are most commonly seen in family law cases, especially those involving child custody, support issues, or restraining orders. The urgent nature of these hearings requires the party requesting the hearing to demonstrate that significant, time-sensitive issues exist and that notifying the other party beforehand would result in irreparable harm.

Steps Taken During an Ex Parte Hearing

Here’s what to expect when requesting an ex parte or emergency hearing:

Filing the Motion: The party seeking the ex parte hearing must file a motion with the court. This motion should clearly outline the urgent nature of the request, specify the relief being sought, and provide supporting documentation to justify the expedited hearing.
Service of Process: While traditional hearings require advance notice to all parties, in an ex parte hearing, one does not need to notify the other party unless explicitly required by the court. However, if the situation allows, good legal practice often encourages the notifying party to inform the other party, as this can foster goodwill and transparency.
Preparing for the Hearing: The requesting party should prepare their arguments and evidence to substantiate their claims. This includes gathering documents, witness statements, or any other relevant evidence that can support their position.
The Hearing: During the actual hearing, the requesting party will present their case to the judge, explaining why immediate action is necessary. The lack of the opposing party does not mean the court will automatically grant the request; the judge will carefully consider the urgency and validity of the claims.
Court Decision: After hearing the arguments and reviewing the evidence, the judge may either grant or deny the request. If the request is granted, temporary orders may be issued until a full hearing with both parties can be scheduled.
Post-Hearing Actions: If the ex parte order is granted, copies of the order must typically be served to the other party as soon as possible. A follow-up hearing may also be scheduled to allow both parties to present their arguments.

Reasons Why Courts Grant Ex Parte Hearings

Ex parte hearings are not commonly granted and are reserved for situations that demonstrate a clear and urgent need. Some reasons a court might grant an ex parte hearing include:

Immediate Risk of Harm: If there is evidence that a child may be in imminent danger (physical or emotional), immediate action must be taken to ensure their safety.
Emergency Situations: Situations requiring immediate health and safety concerns, such as a parent requesting an order to prevent travel with a child due to substance abuse or domestic violence concerns.
Preserving Evidence: If there is a risk that evidence relevant to the case could be destroyed or tampered with, the opposing party should not be given prior notice.
Change in Circumstances: A sudden and significant change in circumstances that affects child custody or support, where waiting for a regular hearing could compromise the child’s best interests.
Uncontested Matters: If the opposing party agrees to the proposed changes or relief, an ex parte hearing can expedite the process.

How Judy L. Burger Can Help

Navigating ex parte hearings can be a complex and stressful process. Judy L. Burger is a Certified California Family Law Specialist with a wealth of experience in family law matters. Here’s how she can assist:

Expert Guidance: Judy can provide personalized legal advice tailored to your specific situation, helping you understand whether an ex parte hearing is appropriate for your circumstances.
Preparation of Documents: She can assist you in drafting and filing the necessary motions and documentation to ensure your case is presented coherently and effectively.
Representation in Court: With her extensive courtroom experience, Judy can represent you in the ex parte hearing, presenting your arguments persuasively to increase your chances of a favorable outcome.
Post-Hearing Support: If your request is granted, Judy can assist you in navigating the next steps to ensure compliance and preparation for any subsequent hearings.

Ex Parte Hearing FAQs

What is the timeframe for an ex parte hearing?

Ex parte hearings are typically held promptly; in some cases, they can occur on the same day the motion is filed, depending on the court’s schedule.

Do I need an attorney for an ex parte hearing?

While it is not required, having an attorney can significantly increase your chances of success, as they can guide you through the legal process, ensuring all necessary procedures and paperwork are correctly handled.

What if the court denies my ex parte request?

If the request is denied, you may still pursue your case through a regular hearing process, allowing both parties to present their arguments.

Can I appeal an ex parte ruling?

Yes, decisions made during ex parte hearings can often be appealed, but it is recommended to consult with an attorney to understand the specific options available.

How can I prevent an ex parte hearing filed against me?

It is essential to maintain open communication with your co-parent and adhere to the terms of any existing custody or support agreements to prevent misunderstandings that could lead to an emergency request.

CA Ex Parte Hearings Attorney

Navigating family law can be particularly challenging, especially in emergency situations. If you find yourself facing the possibility of an ex parte hearing, contact Judy L. Burger’s office for experienced advice and representation to protect your rights and the well-being of your family.

California Divorce, Child Custody, Domestic Violence, Restraining Order, Termination of Parental Rights

When Should I Seek Sole Custody of My Child?

September 16, 2025 TRIWriter

Child custody can be one of the most challenging aspects for parents going through a divorce or separation. While many families successfully establish joint custody arrangements that work well, there are circumstances where seeking sole custody may be in the child’s best interest. Understanding the implications of sole custody and knowing when to pursue this option is crucial for any parent facing custody issues.

The Law Offices of Judy L. Burger can assist you through the process of petitioning the court for sole custody and advise you when this is a wise course of action.

What Is Sole Custody?

Sole custody refers to a legal arrangement where one parent holds full authority over decision-making regarding the child’s upbringing and is primarily responsible for the child’s physical care. There are two types of sole custody:

Sole legal custody: one parent has the exclusive right to make major decisions about the child, including education, healthcare, and religious upbringing.
Sole physical custody: the child lives primarily with one parent, and the other parent may have visitation rights.

When to Seek Sole Custody

While every custody situation is unique, there are several circumstances where pursuing sole custody may be necessary to ensure the child’s well-being and stability:

Abuse or Neglect: If there is evidence that the other parent has abused or neglected the child, seeking sole custody may be essential. The safety and emotional well-being of the child should always be the top priority. Documentation of any incidents or patterns of behavior can strengthen your case.
Substance Abuse: A parent’s struggle with substance abuse can significantly impact their ability to care for a child. If the other parent is involved in drug or alcohol abuse that endangers the child, it may be appropriate to seek sole custody to protect the child from potentially harmful situations.
Mental Health Issues: If the other parent suffers from mental health issues that impair their judgment or ability to care for the child, you may need to pursue sole custody. It’s essential to show that these issues could affect the child’s safety or well-being.
Parental Alienation: If one parent is deliberately trying to undermine the child’s relationship with the other parent, it may create a toxic environment for the child. Sole custody might be necessary to protect the child’s emotional development and foster a healthier relationship.
Unstable Living Conditions: If the other parent’s living situation is unstable—such as frequent moves, unsafe conditions, or involvement with questionable individuals—this can be a valid reason to seek sole custody. Stability in a child’s living environment is crucial for their development and well-being.

How Judy L. Burger Can Help

Judy L. Burger, a Certified Family Law Specialist in California, understands the intricacies of custody disputes and can guide you through the process of seeking sole custody. Here’s how Judy can assist you:

Legal Expertise: Judy possesses extensive knowledge of California family law, enabling her to provide tailored legal advice based on your unique circumstances. She can help you determine whether pursuing sole custody is the best option in your case.
Preparing Your Case: Judy will work with you to gather evidence and documentation that supports your petition for sole custody. This may include gathering witness statements, medical records, and any police reports related to abuse or neglect.
Navigating Court Procedures: The legal process for petitioning the court can be complicated. Judy will guide you step-by-step, ensuring that all required documentation is submitted correctly and on time, and representing you during court hearings.
Mediation Services: In some cases, mediation may be a viable option to resolve custody disputes amicably. Judy has strong mediation skills and can facilitate discussions with your co-parent to reach a fair agreement outside of court.
Advocating for Your Child’s Best Interests: Judy’s primary focus is on the welfare of your child. She will advocate in court to demonstrate how sole custody will provide the best environment for your child’s physical and emotional needs.

FAQs About Sole Custody

Can I get sole custody if my ex is agreeable to joint custody?

While agreeing to joint custody is a factor, the court will ultimately decide based on the child’s best interests. If you have concerns about your ex’s parenting abilities or behaviors, it is essential to present evidence to support your request for sole custody.

How does the court determine who gets custody?

The court considers various factors, including the child’s age, health, emotional ties between the child and both parents, each parent’s ability to care for the child, and stability in the child’s life.

Do I need an attorney to seek sole custody?

While it’s technically possible to represent yourself, having an experienced family law attorney like Judy L. Burger is highly recommended. They can navigate the legal complexities and maximize your chances for a favorable outcome.

What if I’m denied sole custody? Can I appeal?

Yes, if the court denies your request for sole custody, you may have the option to appeal the decision. Consult with your attorney for specific advice and guidance on how to proceed.

How can I prepare for a custody hearing?

Preparation is key. Gather documentation to support your case, including evidence of your parenting situation, any issues with the other parent, and witness statements. Judy can help you prepare and understand what to expect during the proceedings.

Preparing for Sole Custody in California

Seeking sole custody can be a daunting and emotional process. However, in situations where a child’s safety or well-being is at risk, it can be the necessary step to ensure a stable environment. If you believe that pursuing sole custody is in your child’s best interest, reach out to Judy L. Burger. With her skill and experience in family law, she will work with you to navigate the complexities of custody arrangements and advocate for the best possible outcome for you and your child. Remember, you are not alone—support is available to help you through this challenging journey.

Domestic Violence, Restraining Order, Restraining Order

Can I Get a Domestic Violence Restraining Order In Any Relationship?

July 21, 2025 TRIWriter

Domestic violence is a serious issue that affects many individuals and families across California. If you are facing threats, harassment, or violence at the hands of a partner, family member, or someone close to you, understanding your rights is crucial. One of the most effective tools available for protection is a Domestic Violence Restraining Order (DVRO). But can you obtain one in any type of relationship?

Certified California Family Law Specialist Judy Burger clarifies what constitutes domestic violence under California law, discuss the types of relationships eligible for DVROs, and explains how she can assist you throughout this process.

Understanding Domestic Violence Under California Law

Domestic violence is defined under California Family Code § 6203 as abuse against an intimate partner. Abusive behavior can take many forms, including:

Physical Abuse: Any act of violence or threats of violence (hitting, slapping, pushing, etc.).
Emotional Abuse: Activities that provoke fear, isolation, or mental harm (intimidation, threats, or controlling behavior).
Financial Abuse: Controlling someone’s access to financial resources, thus creating economic dependence.
Sexual Abuse: Unwanted sexual acts or exploitation, including coerced sex.

California recognizes the importance of protecting individuals from such harm, and the law provides several avenues for victims to seek safety and justice. A Domestic Violence Restraining Order serves as a legal barrier, preventing the abuser from contacting or coming near the victim.

Who Can File for a DVRO?

California law outlines several types of relationships where a DVRO can be requested. Understanding these relationships is essential for anyone considering legal action:

Intimate Partners: This includes individuals who have been in a dating relationship. It does not matter if the relationship is ongoing or has ended; if there is a history of intimacy, you may seek a DVRO.
Married Couples: Current and former spouses are eligible to file for a DVRO. The law also extends protection to those in domestic partnerships.
Family Members: If you share familial ties, such as parents and children, siblings, or in-laws, you can pursue a DVRO. This applies regardless of whether you live together.
Cohabitants: Individuals who live together or have lived together in the past (even if they are not in a romantic relationship) can file for a DVRO as long as there is evidence of abuse.
Individuals with Children Together: If you have a child with another person, this relationship grants you the right to apply for a DVRO, regardless of your current relationship status.

How Judy L. Burger Can Help

Navigating the complexities of domestic violence cases can be overwhelming, especially for those dealing with trauma. Certified California Family Law Specialist Judy L. Burger possesses extensive experience in family law and domestic violence cases. Here’s how she can assist:

Legal Guidance: Judy will provide expert legal advice on whether you qualify for a DVRO based on your specific circumstances, explaining your rights and the details of the process.
Preparation of Legal Documents: Filing a DVRO entails submitting various legal documents. Judy will ensure all paperwork is meticulously prepared and submitted in a timely manner.
Representation in Court: If your case requires a court appearance, Judy is prepared to represent you with skill and compassion, advocating for your rights and safety.
Support and Resources: Beyond legal advocacy, Judy can help connect you with local resources, including shelters, counseling services, and support groups for domestic violence survivors.
Follow-up and Enforcement: Obtaining a DVRO is just the first step. Judy can assist in ensuring the order is enforced and modifying it as needed in any future legal proceedings.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

Frequently Asked Questions About DVROs

What is the difference between a temporary and a permanent DVRO?

A temporary DVRO is typically issued quickly, often at the first court appearance, to provide immediate protection. A permanent DVRO, on the other hand, requires a full hearing where both parties present evidence, and can last up to five years with the option for renewal.

How long does it take to get a DVRO?

The process can vary, but temporary DVROs can often be granted the same day they are filed. A full hearing for a permanent DVRO usually occurs within 3 weeks after the temporary order is issued.

What evidence do I need to present for a DVRO?

Evidence can include police reports, medical records, photographs of injuries, text messages, or any documentation showing a history of abuse or threats.

Can I get a DVRO against a roommate or friend?

Yes, if you have lived together or have a relationship that qualifies under California law, you can file for a DVRO, provided there is evidence of abuse.

What happens if the abuser violates the DVRO?

If the abuser violates the conditions of the DVRO, you should contact the police immediately. Violating a restraining order is a criminal offense, and legal consequences can ensue.

Get Help Filing for a Domestic Violence Restraining Order

If you find yourself in a situation involving domestic violence, understanding your rights and options is crucial. A Domestic Violence Restraining Order can provide the necessary protection and serve as a vital step toward gaining control over your life. Certified California Family Law Specialist Judy L. Burger is here to guide you through this challenging process with compassion and expertise. Remember, you don’t have to face this alone—support and protection are available.

Domestic Violence, Restraining Order, Restraining Order

How Do CA Gun Violence Restraining Orders Work?

April 14, 2025 TRIWriter

California is known for strict gun laws to protect its citizens from crime and domestic violence. The state legislature first approved Gun Restraining Orders in 2016. How do CA Gun Violence Restraining Orders work, and when do you need one? CA Certified Family Law Specialist Judy L. Burger discusses CA Gun Restraining Orders and how they work.

What Is a Gun Violence Restraining Order?

A Gun Violence Restraining Order (GVRO) is a court order that prevents someone from accessing firearms and ammunition. It’s also known as a “red flag law.”

“The GVRO provides an opportunity to remove guns from individuals who would not otherwise be prohibited from possessing firearms.” This legally binding order reduces the risk of gun-related violence for between one to five years, allowing the person in crisis to get help.

The judge may issue a temporary Gun Violence Restraining Order before the scheduled hearing and grant other restraining orders as necessary. A temporary GVRO lasts for 21 days. If the judge grants a 1-5-year GVRO, a law enforcement officer will serve the papers to the person and collect any firearms, ammunition, and magazines. The subject of a GVRO cannot legally purchase any guns, magazines, or ammunition while the order is in force. The court may extend a GVRO.

A GVRO requires the subject of the order to relinquish all firearms and ammunition and prohibits the subject from purchasing any guns or ammunition while the order is in effect.

When Would I Need a GVRO?

When should you consider petitioning the court for a gun violence restraining order? Under California Penal Code Section 18150, a Gun Violence Restraining Order can prohibit an individual who poses a significant danger of self-injury or injuring another from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition.

Threats or acts of domestic violence are common reasons to ask for a GVRO. The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

The California Family Code defines domestic violence as abuse perpetrated against an “intimate partner” or family member. This can include spouses, former spouses, cohabitants, individuals in dating relationships, parents, and children. While physical violence often comes to mind first, domestic violence also encompasses emotional and psychological abuse, including threats of harm.

In the context of domestic violence, a threat can be considered abusive if it instills fear, apprehension, or intimidation in the victim. Even if the threatened harm does not materialize, the impact on the victim’s emotional well-being is considered.

How Do I Obtain a GVRO in California?

The following people can request a Gun Violence Restraining Order against an individual:

An immediate family member
An employer
A coworker, if they have had substantial and regular interactions with the subject for at least one year and have obtained the employer’s approval
An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role
A law enforcement officer
A roommate
An individual who has a dating relationship with the subject
An individual who has a child in common with the subject, if they have had substantial and regular interactions with the subject for at least one year

You can ask a law enforcement officer to ask for a gun violence restraining order. If it is an emergency, you can call police and ask for one right away. If you do not want to call police for help, Family Law Attorney Judy Burger can help you petition the court and handle the details.

Get Help with Gun Restraining Orders in California

You do not have to remain in threatening, abusive, or dangerous relationships. CA Certified Family Law Specialist Judy Burger can help you when you need legal protection or seek to protect someone close to you from committing harm or harming themselves. We have eight offices across California to serve you. Schedule a consultation to get answers to your questions about Gun Violence Restraining Orders and other types of restraining orders. We can offer counsel, help you file petitions with the court, and get the help you need now.