Beverly Hills Domestic Violence Attorney
Helping Clients Break the Cycle of Abuse in California
Feinberg & Waller, APC handles domestic violence restraining orders, protective orders, and abuse-related family law matters in Los Angeles and Ventura Counties. Our attorneys hold the Certified Family Law Specialist (CFLS) designation from the State Bar of California, fellowship in the American Academy of Matrimonial Lawyers (AAML), and fellowship in the International Academy of Family Lawyers (IAFL). Offices in Beverly Hills, Calabasas, and Westlake Village.
If you’ve been victimized by domestic violence, call our compassionate Beverly Hills domestic violence lawyers at (310) 627-2488 to learn more about how we can help in a confidential consultation.
Types of Protective Orders in California
California law provides three tiers of protection in domestic violence cases. Understanding which order is in place, and what it actually prohibits, matters from the moment a situation escalates.
Emergency Protective Order (EPO): Issued by law enforcement at the scene, valid for 5 to 7 days. An EPO is the first line of protection after police respond to a domestic violence incident and does not require a court appearance to obtain.
Temporary Restraining Order (TRO): Filed by an attorney and issued ex parte by a family law judge, valid for up to 25 days until a court hearing is scheduled. A TRO application can be filed and heard the same day in most circumstances.
Domestic Violence Restraining Order (DVRO): Issued after a noticed hearing at which both parties can appear. Under Family Code Section 6345, a DVRO can be issued for up to 5 years and renewed before expiration without a showing of any new abuse.
Under FC 6320, a protective order can prohibit all contact, harassment, stalking, telephone calls, and electronic monitoring. FC 6321 authorizes a move-out order requiring the restrained party to vacate a shared residence regardless of how title to the property is held. All California protective orders are entered into CLETS (California Law Enforcement Telecommunications System) immediately upon issuance, making them enforceable statewide. Penal Code 29825 requires any person subject to a DVPA order to surrender all firearms.
Who Is Protected Under California's Domestic Violence Prevention Act
The Domestic Violence Prevention Act (Family Code 6200 et seq.) applies to a broader set of relationships than most people expect. Under FC 6211, the Act covers current and former spouses, current and former cohabitants, people who have or had a dating relationship, and people who share a child.
“Abuse” under FC 6203 is not limited to physical violence. The definition includes sexual assault, harassment, stalking, disturbing the peace, and financial abuse. Financial abuse, including controlling access to money, restricting employment, sabotaging income, or accruing debt in a partner’s name, constitutes domestic violence under California law and can independently support a restraining order application.
Restraining Orders in Divorce and Child Custody Proceedings
Domestic violence restraining orders run on a separate track from divorce proceedings but interact with them directly. Under FC 6340, a court issuing a DVPA order may make temporary child custody and visitation orders as part of that proceeding. The family law court controls access to the children during the case, and a DVRO that includes child custody terms takes effect immediately.
In cases involving shared property, DVPA orders can also restrict access to community accounts, credit lines, and the family home. This is relevant in high-asset dissolutions where one party controls business accounts or investment assets. When a divorce and a domestic violence restraining order proceed simultaneously, we handle both matters in the same courthouse, which avoids the conflicting order risk that arises when two separate attorneys manage the proceedings without coordination.
FC 6228 gives a protected party the right to obtain copies of police reports, medical records, and other evidence relevant to the domestic violence case. We request this documentation as part of case preparation regardless of whether criminal charges were filed.
What You Need to File
A TRO application does not require physical evidence of injury. Courts issue TROs based on a sworn declaration describing the abuse in specific terms: dates, locations, what occurred, and any witnesses or documentation available. Photographs, medical records, text messages, emails, financial records, and prior police reports all strengthen the record for the DVRO hearing.
California courts also consider law enforcement contact history, including calls where no arrest was made. If you reported prior incidents without following through on a restraining order, those reports remain part of the court record.
Courts and Jurisdiction
Restraining order proceedings for Beverly Hills and West Los Angeles clients are typically heard at the Los Angeles Superior Court Beverly Hills Courthouse, 9355 Burton Way. Calabasas and western San Fernando Valley matters are generally assigned to the Chatsworth Courthouse at 9425 Penfield Ave. Westlake Village, Thousand Oaks, and Conejo Valley cases go to the Ventura County Superior Court in Ventura. Our offices are located near each of these courthouses, which is directly relevant in emergency situations where same-day TRO filing is needed.
Contact Feinberg & Waller
If you or your children are in immediate danger, call 911 first. For legal representation on a domestic violence restraining order, related divorce matter, or child custody proceeding, call (866) 463-3852 or schedule a confidential consultation online. Offices in Beverly Hills, Calabasas, and Westlake Village.
