Are There New CA Restraining Order Changes for 2026?
Domestic Violence, Restraining Order, Restraining Order

Are There New CA Restraining Order Changes for 2026?

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.

What Should I Know Before Requesting an Ex Parte Hearing?
Domestic Violence, Restraining Order, Restraining Order

What Should I Know Before Requesting an Ex Parte Hearing?

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.

Does Domestic Violence Increase During the Holidays?
Domestic Violence, Restraining Order, Restraining Order

Does Domestic Violence Increase During the Holidays?

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.

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

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

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:

  1. 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.
  2. Married Couples: Current and former spouses are eligible to file for a DVRO. The law also extends protection to those in domestic partnerships.
  3. 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.
  4. 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.
  5. 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.

 

How Do CA Gun Violence Restraining Orders Work?
Domestic Violence, Restraining Order, Restraining Order

How Do CA Gun Violence Restraining Orders Work?

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.  

When Does a Threat Become Domestic Violence?
Domestic Violence, Restraining Order

When Does a Threat Become Domestic Violence?

“What is a threat?” “Can a threat be considered domestic violence, or is freedom of speech a factor?” “How do I know if I’m being threatened?” These are common questions family law attorneys get asked by clients in troublesome relationships. 

Understanding the threshold at which a threat becomes domestic violence is crucial for recognizing and addressing abusive behavior in relationships. In California, domestic violence encompasses a range of abusive actions, including threats that create a climate of fear and intimidation. It’s important to be informed about when a threat crosses the line into domestic violence and the legal protections available to those affected.

Certified Family Law Specialist Judy L. Burger addresses threats and how they relate to charges of domestic violence in California.  

What Is Domestic Violence?

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.

  1. Direct threats: “I’ll kill you…”
  2. Indirect threats: “You’ll be sorry…”
  3. Implied threats: “What if something happened to you…”

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.

Legal Domestic Violence Protections

California law offers legal remedies to address domestic violence threats. One important avenue is obtaining a Domestic Violence Restraining Order (DVRO). A DVRO is a court order that provides protection to victims of domestic violence by prohibiting the abuser from contacting or approaching the victim. It can also include other provisions, such as ordering the abuser to move out of the shared residence and to stay away from certain locations, including the victim’s workplace or children’s school.

Our office can also help you when gun violence restraining orders are necessary. Contact one of our eight California offices to learn more.

Get Help with Domestic Violence Crimes In California

When it comes to threats and domestic violence, it’s essential to take any indication of harm or intimidation seriously. If you are in immediate danger, it’s important to contact law enforcement. You should never hesitate to act when you believe you or your child are victims of domestic violence.

When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

Recognizing when a threat crosses the line into domestic violence is a critical step in addressing and preventing abusive behavior within relationships. Certified Family Law Specialist Judy Burger can help you be informed about legal definitions and available remedies so you can proactively protect yourself and your loved ones from the harmful effects of domestic violence threats. If you or someone you know is experiencing domestic violence, get help now.

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

What Qualifies as Domestic Violence in California?
Domestic Violence, Restraining Order

What Qualifies as Domestic Violence in California?

What acts qualify as Domestic Violence under California Law? Suffering physical, psychological, or emotional abuse is never OK. Get the facts about Domestic Violence and when you should request a domestic violence restraining order to protect you and your family. California Family Law Attorney Judy L. Burger can help you understand when you should petition the court for a restraining order.

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

Defining Domestic Violence

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.”

Domestic violence, according to California law, encompasses any type of abuse inflicted upon an “intimate partner.” This includes the deliberate or careless application of physical force against the individual or the act of threatening to use force against them.

The California Penal Code defines an “intimate partner” in the broadest possible way, so that can include:

  • Your spouse
  • Your former spouse
  • Your domestic partner
  • Your former domestic partner
  • A person with whom you’ve had a child
  • A current live-in romantic partner
  • A former live-in romantic partner
  • Someone you date
  • A person you dated previously

Other persons may also be victims of domestic violence under CA law:

  • Children
  • Your brother/half-brother/step-brother
  • Your sister/half-sister/step-sister
  • Parents
  • Grandparents
  • Your niece
  • Your nephew
  • Your uncle
  • Your aunt
  • Anyone related to you within the second degree by blood or marriage

Judy L. Burger is a Certified Family Law Specialist who can be a strong and aggressive advocate in highly conflicted domestic matters when you need the law on your side. Contact us for immediate help.

Common Acts of Domestic Violence

Charges of domestic violence vary under California law, depending on the severity of the crime and the surrounding circumstances. Many violent acts are specifically defined under the Penal Code. Some of the most common include:

  • Corporal Injury Upon a Spouse or Cohabitant – this counts even for slight injuries.
  • Child Abuse – is defined as inflicting “cruel or inhuman corporal punishment or an injury resulting in a traumatic condition” upon a child. 
  • Domestic Battery – using force or inflicting harm on an intimate partner.
  • Child Endangerment – willfully allowing a child in your care to be harmed or allowing her or his safety to be endangered, including actions or neglect.
  • Child Neglect – this is willfully neglecting to provide the basic necessities for your minor children.
  • Stalking – harassing or threatening so as to cause fear for your or your family’s safety.
  • Criminal Threats – threatening anyone with serious harm.
  • Aggravated Trespass – entering a home or workplace to carry out a threat within thirty days of making it.
  • Posting Harmful Information on the Internet (“Cyberstalking”) – making harmful information about someone else available by posting or emailing the material.
  • “Revenge Porn” – intentional distribution of sexual images of another person with the intent to cause them emotional distress.

Domestic Violence Penalties In California

In California, most domestic violence offenses are known as “wobbler” offenses, which means they can be charged as either misdemeanors or felonies, depending on the specifics of the case. Factors such as prior criminal record and the extent of the victim’s injuries are considered when determining whether to pursue misdemeanor or felony charges for an act of domestic violence.

Penalties range from probation with certain freedoms to fines, county jail, or state prison time. Domestic violence misdemeanor convictions also impose a ten-year ban on owning or possessing firearms. Persons convicted of felony domestic violence charges fall under the “Felon In Possession of a Firearm” law and are under a lifetime ban from owning firearms.

Some federal domestic violence misdemeanors also impart a lifetime firearm ownership ban.

Get Help with Domestic Violence Crimes In California

You should never hesitate to act when you believe you or your child are victims of domestic violence. Do not wonder how long you must suffer – when you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

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

Domestic Violence and Parenting Plan Modifications
Domestic Violence, California Divorce, Child Custody, Mediation, Restraining Order, Termination of Parental Rights

Domestic Violence and Parenting Plan Modifications

Parenting plans are created to meet the unique needs of a divorced or separated family. When domestic violence has been present, your parenting plan needs to provide safety for you and your children. California Certified Family Law Specialist Judy L. Burger helps families when domestic violence makes parenting plan modifications necessary.

What Is a Parenting Plan?

A parenting plan is a comprehensive set of agreements for how separated or divorced parents will care for their children. It includes many factors, including:

  • Custody agreements
  • Visitation schedules
  • Sharing costs for the child’s care
  • Arrangements for holidays and school breaks
  • Exchange arrangements
  • Phone and video contact with the children
  • Communication between parents
  • Authority for making decisions for the child
  • Religious matters
  • More…

No two parenting plans are the same due to differing schedules, needs, locations, and many other factors. The factors above and many more should contain elements that keep you and your child safe when there has been domestic violence.

Creating a Parenting Plan

Often, parents work together to create a workable parenting plan to care for their children. The court will review this plan, determine if it needs legal requirements, serve the child’s best interests, and approve it. However, in cases of domestic violence, this may not be possible or safe. You may need a legal representative to act on your behalf to create or modify an existing parenting plan to help you and your child stay safe.

Your attorney will need to provide credible evidence of domestic violence and prove beyond a reasonable doubt that it is likely to continue. Then, a judge will be far more likely to agree to a parenting plan or modifications to an existing plan that contains elements to prevent future harassment or abuse.

Family Law Attorney Judy Burger is an effective negotiator if you feel threatened or fear mistakes in an agreement could place you or your child in jeopardy. She has a wealth of experience in working out parenting plans and custody agreements in difficult situations. In some cases, the judge will ultimately decide the best agreement. This is particularly true in cases of substance abuse, domestic violence, mental illness, or incarceration.

Domestic Violence and Parenting Plan Modifications

Sadly, domestic violence does not cease after separation or a divorce. In fact, the separation may only antagonize the other party and cause conflict to escalate. Your parenting plan needs to include specific provisions to prevent contact wherever possible. Vague or unclear parenting plans open the door for more abuse or harassment.

A CA Domestic Violence Attorney like Judy Burger has the knowledge and experience to include certain specific elements in a modified parenting plan to prevent contact, communication, and unsafe situations. Some measures she may recommend can include:

  • Keeping your living arrangements private and secure
  • Having a neutral third party exchange the child between parents
  • Exchanging the children in a public place in full view of security cameras or guards
  • Restricting communication between parents and children (prohibiting video calls so the other parent cannot see into your home)
  • Using an app for all communications so there is documentation
  • Keeping travel plans and daily activities private
  • Sole legal custody

The Law Offices of Judy L. Burger knows how to gather evidence to help convince the court that your proposed parenting plan modification is in your and your child’s best interests. She can represent you before the court, handle communications and negotiations, and otherwise help you remain safe during the proceedings. Our office can also help you when domestic violence or gun violence restraining orders are necessary.

Keep Your Family Safe from Domestic Violence

Domestic violence survivors may fear discussing custody and parenting plan modifications with the other parent. Relationships can be difficult, and meeting in person may not be safe. Reaching a safe agreement with the other parent may not be possible, especially without help. Keep yourself and your family safe from domestic violence. Contact The Law Offices of Judy L. Burger in California for experienced help with parenting plan modifications.

Child Custody, Domestic Violence

How Does a Finding of Domestic Violence of a Parent Affect Child Custody Orders?

How Does a Finding of Domestic Violence of a Parent Affect Child Custody Orders?

Nothing affects children like domestic violence. Recognizing this, California courts are empowered to deal harshly with the custody and visitation rights of those found to have committed domestic violence. Before a parent’s rights may be impacted, however, certain requirements must be met.

Domestic violence is defined to include causing or attempting to cause bodily injury or sexual assault, placing someone “in reasonable apprehension of imminent serious bodily injury to that person or another,” as well as “threatening, striking, harassing, destroying personal property or disturbing the peace of another.” Domestic violence is not limited to physical conduct but includes oral or written conduct that otherwise fits the definition of the law.

The first requirement of the law is that there must be a court finding of domestic violence in the last five years. This requirement can be met in two ways:

  • The person has been convicted of domestic violence or abuse, as defined in specific California laws; or
  • Any court has made a finding that the person committed domestic violence.
The requisite finding cannot be based solely on either a child custody evaluator’s conclusions or a Family Court Services staff member’s recommendation. Rather, the court must consider “any relevant, admissible evidence submitted by the parties” in making its finding.

After the first requirement is met, “there is a rebuttable presumption that an award of . . . custody [to that person] . . . is detrimental to the best interest of the child.” This means that the parent who committed domestic violence has an extra heavy burden before custody of any type may be awarded to him. The law directs that the court must consider several factors in determining whether this burden is met:

Whether the parent against whom the finding was met has showed that it is in the child’s best interest for him to receive some form of custody;

  • Whether the perpetrator completed any court-ordered batterer’s treatment program, alcohol or drug abuse counseling, or parenting class;
  • Whether the perpetrator has complied with the terms of his probation or parole, if applicable;
  • Whether the perpetrator’s conduct is governed by a protective or restraining order and, if so, whether he has complied with its terms; and
  • Whether the perpetrator has committed further acts of domestic violence.
The health and well-being of your children are of paramount importance to the State of California. If domestic violence is an issue in your family, you need an attorney to fight for you and your children. The attorneys at the Law Offices of Judy L. Burger have extensive experience in divorce, child custody, and child support matters. Make the call today to learn how our attorneys can protect you and your children: (415) 293-8314.