Irvine, CA family law attorney Marc Garelick talks about the process for obtaining an Order for Protection. He mentions that the process for obtaining a domestic violence restraining order in family law courts is essentially twofold. First, there is a temporary phase, which can be initiated on very short notice—sometimes with no notice, other times within 24 hours. During this stage, the petitioner requests that the court issue a temporary restraining order, which can include a variety of protections. These may include stay-away orders, requiring the alleged abuser to move out of the family residence, modifications to custody or visitation of the children, and financial orders to maintain the status quo, such as continued payment of the mortgage, phone, or car bills.

He notes that the court applies a “better safe than sorry” approach during the temporary phase, so the bar to obtaining the order is relatively low. However, there are significant consequences to consider. The second phase involves the permanent restraining order, which can last from one to five years and may be renewed. The timing of this hearing is influenced by the responding party; if they request a hearing quickly, the court typically sets it within 21 days, which may result in a very truncated hearing.

He emphasizes the importance of preparation for this hearing. Evidence must clearly demonstrate that the alleged behavior meets the standards required under the Domestic Violence Prevention Act. Often, a key event—such as a threatening text message, a police call, an injury, or an incident of anger or intimidation—serves as the focal point of the case.

He also highlights that discovery in these cases has become much more limited. Previously, requesting a temporary restraining order often opened the door to discovery, but California courts now restrict it. An alleged perpetrator must obtain court approval to conduct discovery, and the court is cautious to ensure this process is not used to harass the victim. Therefore, he advises that the alleged perpetrator must make strategic decisions early on—whether to request discovery at the outset or attempt to expedite the hearing to challenge the restraining order and potentially normalize the custody schedule quickly.