Domestic violence restraining order proceedings can move quickly and have consequences that extend far beyond the restraining order itself. A DVRO can affect child custody and parenting time, access to the family home, communication between the parties, firearm rights, and the course of an ongoing divorce or parentage case and your employment.

Holian Law, P.C. represents clients seeking and defending against Domestic Violence Restraining Orders throughout Santa Clara County and San Mateo County and California, with a particular focus on contested and complex matters and DVRO trials.

Whether you need protection from abuse or have been served with allegations you dispute, the objective is to understand the evidence, identify what matters under California law, and develop a strategy for moving forward.

Seeking a Domestic Violence Restraining Order

Domestic violence under California law is not limited to physical violence. Depending on the circumstances, abuse can include threats, harassment, stalking, coercive control, destruction of property, and conduct that disturbs another person's peace.

Holian Law, P.C. represents individuals seeking protection in matters involving:

• Physical abuse or threats of violence

• Harassment, stalking, and unwanted contact

• Coercive and controlling behavior

• Disturbing the peace

• Electronic communications and social media

• Temporary and permanent restraining orders

• Domestic violence allegations involving child custody

• Contested DVRO hearings and trials

Defending Against a DVRO

Being served with a request for a Domestic Violence Restraining Order can have immediate consequences, usually before the respondent has had an opportunity to present their side.

Holian Law, P.C. represents respondents facing allegations of physical violence, threats, harassment, coercive control, disturbing the peace, and other alleged abuse.

A strong defense may require examining allegations in context, identifying inconsistencies, reviewing communications and other evidence, and determining whether the conduct alleged meets California's legal definition of abuse.

When children are involved, the stakes can be particularly significant because domestic violence findings can affect future custody determinations.

When Both Sides Have Allegations

Domestic violence cases do not always fit neatly into a simple narrative.

Both parties may make allegations. Communications may span months or years. A single text message or screenshot can appear very different when the surrounding conversation and history are considered.

California law imposes specific requirements when a court considers restraining orders involving both parties. These cases require careful analysis of the evidence, the history between the parties, and the circumstances surrounding the alleged conduct.

Holian Law, P.C. handles complex DVRO matters where context and credibility can be central to the outcome.

Domestic Violence and Child Custody

DVRO and custody proceedings frequently overlap.

California law contains specific provisions addressing the effect of domestic violence findings on custody determinations. A domestic violence finding can have significant consequences for legal and physical custody, and DVRO proceedings may also result in temporary custody and parenting-time orders.

For parents, a DVRO hearing therefore may affect considerably more than whether a restraining order is issued.

Holian Law, P.C. approaches domestic violence and custody issues together when they arise in the same case.

Why This Work Matters to Holian Law, P.C.

Our commitment to domestic violence work is both professional and personal:

“Having experienced abuse in my own life, I understand that abusive relationships are often far more complicated than they appear from the outside. That perspective is part of what drew me to this area of family law and why I care deeply about helping clients find a path forward.

That personal understanding is paired with more than a decade of legal experience and a careful, evidence-driven approach to domestic violence litigation.

I also understand the seriousness of a domestic violence allegation and that the law can be weaponized with false allegations. Therefore, the importance of ensuring that courts receive a complete and accurate picture is my highest priority. For that reason, I represent both individuals seeking protection and individuals defending against restraining order requests.'“

-Traci Holian, Founder, Holian Law, P.C.

Frequently Asked Questions

Can I get a DVRO without physical violence?

Yes. California's definition of abuse extends beyond physical abuse and can include certain threats, harassment, stalking, coercive control, and conduct that disturbs another person's peace.

Can text messages be used as evidence?

Yes. Text messages, emails, photographs, social media, call records, and other electronic evidence can be relevant in DVRO proceedings. Their significance depends on the content, context, authenticity, and other evidence in the case.

What should I do if I have been served with DVRO papers?

Read the temporary orders carefully and comply with all orders currently in effect. Note the hearing date and seek legal advice promptly.

Can a DVRO affect child custody?

Yes. California law specifically addresses domestic violence in custody determinations. A domestic violence finding can have significant custody consequences.

Do you represent both sides of DVRO cases?

Yes. Holian Law represents both individuals requesting Domestic Violence Restraining Orders and individuals defending against DVRO requests.

Speak With a California DVRO Attorney

If you are considering seeking a Domestic Violence Restraining Order, have been served with DVRO papers, or are facing domestic violence allegations in connection with a divorce or custody matter, Holian Law can evaluate your situation and discuss potential next steps.

Holian Law, P.C.
Palo Alto | Representing Clients Throughout San Mateo County, Santa Clara County and throughout California