EPO vs TRO vs DVRO in California: Key Differences in Domestic Violence Restraining Orders
| Type of Order | Who Issues It | When Issued | Duration | Purpose | Key Restrictions |
| EPO (Emergency Protective Order) | Law enforcement officer, approved by on-call judge | At the scene of a domestic violence incident, often immediately after an arrest | Up to 7 days | Provide immediate protection until court can be involved | No contact, stay-away from victim’s home/work/school, surrender firearms |
| TRO (Temporary Restraining Order) | Judge | After an application is filed, before full court hearing | Typically 20–25 days | Maintain protection until the hearing for a permanent order | Similar restrictions as EPO; may include temporary custody orders |
| DVRO (Domestic Violence Restraining Order) | Judge | After full court hearing with both parties present (or notified) | Up to 5 years (renewable) | Long-term protection in domestic violence cases | No contact, stay-away, move-out orders, custody and visitation limits, firearm restrictions |
If you are arrested for domestic violence in California. One of the first things that may happen is being told to leave your home. You may be ordered not to contact your partner, not to go near your children and not to return to the place where you were living. These restrictions can feel immediate and overwhelming, especially if you have not been convicted or even formally charged yet. In many cases, the limitations come from something called a protective order. But not all protective orders are the same. The type of order issued can affect how long it lasts, what rights you lose and what steps you must take next.
We represent clients across Los Angeles who are facing protective orders for the first time. Some are arrested during a domestic dispute and removed from their homes within hours. Others are served with paperwork days later not realizing that a hearing is already scheduled. Whether you are dealing with an emergency protective order, a temporary restraining order or a domestic violence restraining order. It is important to understand the difference because each has different consequences and timelines.
Emergency Protective Order (EPO)
An emergency protective order is usually the first type of order issued. This is something a police officer can request from a judge at any time of day or night, usually during or shortly after an arrest. If officers respond to a domestic violence call and believe someone is in danger, they may ask for an emergency order over the phone. If granted, the order takes effect immediately and typically lasts for up to seven days.
EPOs are short-term, but they carry serious restrictions. They can force you to leave your home, avoid contact with the alleged victim and stay away from children even if you are the legal parent. You do not get a hearing before an EPO is issued and you might not even know it exists until you are handed the paperwork or told to leave.
The goal of an EPO is to give the other person enough time to go to court and request a longer order. Even though it is temporary, the impact on your life can be immediate. If you violate an EPO by returning home or contacting the protected person, you can be arrested again and face additional charges.
Temporary Restraining Order (TRO)
A temporary restraining order is the next step. This is something the alleged victim can request from the court after the initial incident. To get a TRO, they fill out forms describing what happened and ask a judge to issue a short-term order. The judge can grant the order based on that request alone. You are not required to be there and in many cases, you will not know it has happened until you are served.
TROs usually last for about 20 to 25 days and stay in effect until a hearing is held to decide whether a longer order is needed. Like EPOs, they can require you to stay away from someone’s home, workplace or school. They can also include orders about custody and visitation if children are involved. A TRO may prevent you from owning firearms and can be shared with law enforcement agencies throughout the state.
We often see clients served with TROs who did not expect things to escalate that quickly. In many of these cases, there is no prior history of violence and both people just want space to cool off. But once a TRO is in place, you must follow it. Violating it can affect your criminal case, your custody rights and your record.
Domestic Violence Restraining Order (DVRO)
A domestic violence restraining order is a more permanent form of protection. It can only be issued after a court hearing where both sides have a chance to speak. This hearing usually takes place a few weeks after the TRO is issued. If the judge believes domestic violence occurred or might occur in the future, they can issue a DVRO that lasts up to five years.
A DVRO can include all the same restrictions as the other orders, but it carries more weight because it is backed by findings made in court. It can affect your custody rights, your immigration status and your ability to pass background checks. It can also be renewed after five years or made permanent if the court believes ongoing protection is needed.
At your DVRO hearing, the judge will review evidence from both sides. That can include police reports, witness testimony, text messages and photos. You have the right to bring an attorney and you have the right to challenge the claims being made. The outcome of this hearing can affect not just your freedom but your relationship with your children and your ability to stay in your home.
What You Should Know if You Are Facing a Restraining Order
The process moves fast and most people do not realize how quickly rights can be limited. You might be told to leave your home based on an EPO and then served with a TRO before you have even had a chance to speak to a lawyer. By the time the DVRO hearing arrives the court may have already formed an opinion based on what was submitted early on. That is why it is so important to act immediately.
Do not ignore the paperwork. Do not contact the other person even if you believe they are willing to talk and do not try to go through this process alone. The language in these orders can be confusing and the court expects you to follow every detail and even an accidental violation can lead to criminal charges.
If you have children, the stakes are even higher. A restraining order can lead to custody restrictions that are hard to undo later. California Family Code section 3044 tells judges to assume it is not in a child’s best interest to be placed with a parent who has a restraining order issued against them for domestic violence. That assumption can be challenged but only if you take steps to address the court’s concerns and follow every order closely.
How Sitkoff Law Group Can Help
We understand how overwhelming this process can be. You may feel like the system is moving too fast and that your side of the story is not being heard. We help clients respond to restraining orders with a clear plan and strong legal representation. We gather evidence, prepare for hearings and work to protect your rights both in criminal court and family court.
In some cases, we are able to prevent a long-term order from being issued. In others we negotiate terms that allow for contact with children or access to shared property. Each case is different, but the key is to respond early and thoughtfully. The decisions made in the first few days can shape the entire outcome.
If you have been served with an EPO, TRO, or DVRO in California, do not wait to get legal advice. These orders may seem temporary, but their consequences can last for years. Whether you are trying to return home, restore contact with your children, or defend yourself against false accusations, we are here to help.
Call us now for a confidential consultation and we will guide you through the next steps with clarity and strength.