Frequently Asked Questions

A Temporary Restraining Order (TRO) typically lasts 20–25 days until your court hearing. After the hearing, if a permanent restraining order is granted, it can last up to 5 years and is renewable. An Emergency Protective Order (EPO) issued by law enforcement lasts 5–7 days.

Yes. California law defines abuse broadly. You do not need to have been physically harmed to qualify for a DVRO. Emotional abuse, harassment, threats, stalking, disturbing your peace, and destroying your property can all form the basis for a restraining order.

A TRO (Temporary Restraining Order) is issued quickly — often the same day you file — without the other party present. It lasts until your court hearing. A DVRO (Domestic Violence Restraining Order) is the broader term for restraining orders in domestic violence cases. After your hearing, if the judge rules in your favor, a Restraining Order After Hearing is issued, lasting up to 5 years.

California Family Code Section 3044 creates a legal presumption that giving custody to a parent who committed domestic violence in the past 5 years is detrimental to the child. Courts take documented domestic violence very seriously and it can result in the abusive parent receiving only supervised visitation or no visitation at all.

Your initial consultation with Mr. Sarkovich is over Zoom or phone — private and on your schedule. Court hearings do require in-person attendance. When your case goes to court, Attorney Sarkovich will be there with you in person at every hearing — including the Sacramento Superior Court and William R. Ridgeway Family Relations Courthouse — so you are never alone when it matters most.

We offer free initial consultations for qualifying domestic violence restraining order and child custody cases. We believe in transparent, competitive pricing — you receive aggressive, skilled representation without the overhead of a large firm. Contact us to discuss your situation and we will be straightforward about fees from the first conversation.

Yes. Courts can modify custody orders when there has been a significant change in circumstances — such as relocation, substance abuse, new domestic violence, or a major change in the child's needs. In emergencies involving immediate danger, courts can act the same day.

For a DVRO consultation: any documentation of abuse — photos of injuries, screenshots of threatening messages, police reports, or a written timeline of incidents. For custody: any existing court orders, relevant correspondence, and a summary of the current arrangement. Come even if you have nothing — we will work with what you have.

Sole custody means one parent has exclusive rights, while joint custody is shared. California distinguishes between legal custody — the right to make major decisions about education, healthcare, and religion — and physical custody — where the child lives. You can have joint legal custody but sole physical custody, or any combination. Courts in California strongly prefer joint legal custody so both parents stay involved in major decisions, unless there is a history of abuse or domestic violence.

California judges use the "best interests of the child" standard under Family Code Section 3011. The court evaluates the health, safety, and welfare of the child; any history of abuse or domestic violence by either parent; how much time each parent has spent with the child; substance abuse history; and the child's ties to home, school, and community. There is no automatic preference for mothers or fathers — the court looks at the full picture of each parent's involvement and fitness.

California law does not set a specific age at which a child can "choose" a parent. However, under Family Code Section 3042, a child who is 14 or older has the right to address the court about their custody preferences, and a judge must consider their wishes unless it would not be in the child's best interest. Children younger than 14 may also have their preferences considered if the court finds they are mature enough to reason. Ultimately the judge always has the final say.

No — not without the other parent's written consent or a new court order. Under California law, a parent who wants to relocate with a child must provide written notice to the other parent at least 45 days in advance and file with the court if the other parent objects. The relocating parent must show the move is in good faith and the court will then re-evaluate custody in light of the proposed move. Violations of a custody order by relocating without permission can result in serious legal consequences including loss of custody.

Under California Family Code Section 3044, a criminal conviction or documented finding of domestic violence creates a legal presumption that awarding custody to that parent is detrimental to the child. Even an arrest or a restraining order — without a conviction — can significantly impact a custody case. The court may order supervised visitation only, suspend visitation entirely, or require the offending parent to complete a batterer's intervention program before any custody rights are considered. This is one of the most powerful protections in California family law.

A parenting plan — also called a custody and visitation agreement — is a detailed written document that outlines how parents will share time with their child and how major decisions will be made. In California, courts require a parenting plan in all custody cases. It covers the regular custody schedule, holiday and vacation schedules, how parents will communicate, and how disputes will be handled. Having an attorney help you draft a thorough parenting plan protects you from future conflicts and gives the court clear terms to enforce.

Yes, under limited circumstances. California Family Code Section 3103 allows grandparents to petition for reasonable visitation rights if it is in the best interest of the child and a preexisting relationship between the grandparent and child has been established. However, this right is not automatic — courts presume that a fit parent's decision to limit grandparent contact is in the child's best interest, so grandparents face a higher legal hurdle. An attorney can help evaluate whether a grandparent visitation petition is appropriate in your situation.

No. In California, an unmarried father must legally establish paternity before he has any enforceable custody or visitation rights. Paternity can be established by signing a Voluntary Declaration of Parentage at the hospital when the child is born, or by filing a court action. Once paternity is established, the father has the same right to seek custody and visitation as a married father would. Until then, the mother has sole legal and physical custody by default. If you are an unmarried parent — mother or father — establishing legal parentage is the essential first step.