Stage 1: Ex Parte Petition & Temporary Restraining Order (TRO)
The petitioner submits forms DV-100, DV-109, and DV-110. A Family Court judge reviews the sworn declarations without a full hearing to determine if an immediate danger exists under Fam. Code §6320.
In California Family Court, restraining orders do not require criminal "beyond reasonable doubt". A protective order issues if the judge finds it more likely than not (51%+) that domestic abuse occurred (Fam. Code §6203). Select the evidence elements present:
Prohibits contact at residence, workplace, vehicle, daycare, and children's school.
Immediate exclusive possession of common dwelling regardless of lease/title status.
Mandatory relinquishment to law enforcement within 24 hours; DV-800 proof filed within 48h.
Statutory rebuttable presumption that awarding custody to a perpetrator is detrimental to children.