DVRO · FUNDAMENTALS · March 2025
If you are seeking legal protection in California, you will encounter three types of protective orders — Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Domestic Violence Restraining Orders (DVROs). Many people use these terms interchangeably, but they are distinct legal instruments with different procedures, durations, and legal effects. Understanding the difference is essential for getting the right protection at the right time.
Emergency Protective Order (EPO): Immediate Protection in Minutes
An EPO is issued by law enforcement — not by a court — and takes effect immediately. When police officers respond to a domestic violence incident, they are authorized under California Penal Code Section 646.91 to contact an on-call judge by phone and request an EPO if they have reasonable cause to believe you are in immediate danger. The judge can authorize the EPO verbally over the phone, and it takes effect the moment law enforcement serves it on the restrained person. You do not need to go to court, fill out any paperwork, or even be present when it is issued. An EPO lasts 5 to 7 days — this is intentionally brief, because it is designed as a bridge to the court system, giving you time to file for a TRO. EPOs also automatically include provisions protecting any minor children in your household.
Temporary Restraining Order (TRO): Same-Day Court Protection
A TRO is the next step in the protective order process and is issued by a Sacramento Superior Court judge. You file a written application — the DV-100 form — at the courthouse clerk's office. The judge reviews your application the same day without the restrained person being present (this is called an ex parte proceeding — meaning one-sided). If the judge finds sufficient grounds based on your written account of the abuse, the TRO is issued and remains in effect until your full hearing date, typically 20 to 25 days later. A TRO can do everything an EPO can do — prohibit contact, require the restrained person to leave a shared home, and protect your children — and it additionally triggers a firearm prohibition. The restrained person must surrender any firearms within 24 hours of being served. The most common reason TROs are denied is insufficient specificity in the application — judges need detailed, factual accounts of specific incidents, not general descriptions of a bad relationship.
Restraining Order After Hearing (the Permanent DVRO): Long-Term Protection
After the TRO is issued, a hearing date is set at which both parties appear before a judge. This is the most consequential proceeding in the restraining order process. Both sides have the opportunity to present evidence and testimony, and the judge decides whether to issue a long-term restraining order — formally called a Restraining Order After Hearing, though commonly referred to as a permanent DVRO. This order can last up to five years and is renewable. A permanent DVRO carries significant legal consequences for the restrained person beyond just the contact prohibitions: it results in a permanent firearm ban under both California and federal law, can affect their immigration status, may affect their employment in certain fields (law enforcement, security, healthcare), and is a public record. Violation of a DVRO is a misdemeanor for a first offense and can be a felony for subsequent violations.
Civil Harassment Restraining Order: When a DVRO Doesn't Apply
If the person you need protection from does not qualify as a domestic violence contact under Family Code Section 6211 — meaning they are not a current or former intimate partner, co-parent, or close family member — a Civil Harassment Restraining Order under Code of Civil Procedure Section 527.6 may be the appropriate remedy. This type of order covers harassment, stalking, and threats by neighbors, coworkers, acquaintances, or strangers. The legal standard is slightly different: you must demonstrate a pattern of conduct (or a single serious act) that substantially disturbs your peace, that a reasonable person would suffer substantial emotional distress as a result, and that the conduct was not constitutionally protected. Civil harassment orders are handled in a different division of Sacramento Superior Court and have a somewhat different procedural path than DVROs, but they carry similar legal force and consequences.
Which Order Do You Need?
The right order depends on your relationship with the person you need protection from, the urgency of your situation, and whether children are involved. If you are in immediate danger tonight, call law enforcement — they can issue an EPO on the spot. If you are safe tonight but need protection starting tomorrow, call Attorney Sarkovich and he can file a TRO the same morning. If you need both personal protection and custody provisions for your children in the same proceeding, a DVRO can accomplish both simultaneously. If the person is not an intimate partner or family member, a civil harassment order may be your only option. The fastest way to determine which protection applies to your specific situation is a confidential consultation — call (916) 545-5036 any time.