If you’re in a situation where you feel unsafe, physically, emotionally, or even digitally, you may be considering legal protection. But getting a restraining order starts with one key question: what kind of proof do you need?

In the California family court, you don’t have to build a perfect case. You just need to show enough evidence to make a judge reasonably believe you’re at risk. You must prove the order is necessary to prevent further harm.

What Counts As Abuse Under California Law?

To get a restraining order in California family court, you need to show that abuse occurred. Or that you’re in reasonable fear it will happen again. But abuse isn’t limited to physical harm. The law recognizes a wide range of harmful behavior that can trigger court protection.

Physical Harm Or Threats Of Harm

Under California Family Code § 6203, abuse includes intentionally or recklessly causing bodily injury. It also includes placing someone in reasonable fear of imminent serious harm. This can be through actions or threats, even if no one was physically hurt.

Examples include:

  • Hitting, slapping, or pushing.
  • Threatening to “hurt you if you leave.”
  • Blocking someone’s path or preventing them from leaving a room.

The court doesn’t require broken bones or visible injuries; credible threats or intimidation can be enough.

Emotional Abuse, Coercion, & Isolation

California law also recognizes non-physical forms of abuse, especially in family law cases. Repeated insults, controlling behavior, or threats to take away children can justify a restraining order.

Some judges look for patterns. These include monitoring or controlling daily movements and financial abuse, such as taking all the income. Another scenario is threatening to harm pets or relatives.

Even if there’s no police report, these behaviors, especially when combined, can support your request.

Harassment, Stalking, Or Disturbing The Peace

Abuse can also include harassing or stalking behavior, particularly when it disturbs your peace or invades your privacy. Courts consider things like:

  • Unwanted calls, texts, or visits.
  • Showing up at work or your child’s school.
  • Posting threats online or sending messages through friends.

Disturbing the peace of your household, including your child’s, is a key legal trigger. This is especially important in co-parenting situations where contact continues after a breakup.

California family courts look at the whole picture, not just bruises or broken laws. If someone is interfering with your peace, safety, or parenting, the court may consider it abuse under the law.

You don’t have to go through this alone. If you’re considering filing for a restraining order or defending against one, we’re here to help. Schedule a confidential consultation with Werno Family Law Solutions today. With us by your side, you feel safer, stronger, and more in control of what comes next.  Call us today at 714.942.5932.

6 Types Of Evidence That Help Prove Abuse In Family Court

When you ask for a restraining order, the court needs more than just your word; it needs supporting evidence that shows abuse likely occurred. But evidence in family law isn’t limited to police reports. Here’s what can help strengthen your case.

Text Messages & Emails

These often contain threats, manipulation, or admissions of abuse. Save screenshots with dates and contact names visible. Courts take written threats seriously, especially if they show intent to control, intimidate, or instill fear. Print them or organize them clearly; judges appreciate evidence that’s easy to follow.

Photos Of Injuries Or Damaged Property

Photos showing bruises, cuts, or broken household items can be powerful. Make sure they’re time-stamped or taken close to when the incident occurred. If the property was damaged during an argument, include pictures of that, too.

Courts don’t need professional-quality photos, just clear, relevant documentation.

Police Reports & Incident Numbers

If law enforcement was involved, request a copy of the police report or the incident number. Even if no arrest was made, a report shows that you took the situation seriously, and it gives your story weight. Judges often rely on these as neutral third-party documentation.

Witness Statements Or Testimony

If someone witnessed the abuse or its aftermath, a neighbor, friend, or relative, they can provide a signed declaration or testify in court. Statements should be specific and focused on what the person saw or heard. The more detailed and direct the account, the more helpful it is to your case.

Voicemails, Recordings, Or Videos

If your state’s recording laws allow it, recordings of threatening phone calls or in-person encounters can be used in court. In California, you typically need both parties’ consent to record a conversation, unless it involves threats or crimes. Check with your family law lawyer before using audio or video, just to be safe.

Journals Or Written Logs

Detailed notes kept over time, showing dates, incidents, and outcomes, can show a pattern of behavior. Even if no one else witnessed the abuse, a well-kept journal can demonstrate consistency and credibility.

The more evidence you provide, the clearer the court can see the risk, and the more likely it is to grant the protection you need.

What Happens At A Restraining Order Hearing In Family Court?

Once your request is filed and a court date is set, the hearing becomes your opportunity to explain what happened and show the judge why protection is necessary. It’s not a full-blown trial, but it’s still a serious legal process.

You’ll Present Your Side First

At the hearing, you’ll be the first to speak since you’re the one requesting the restraining order. You’ll present the details in your paperwork, then add any clarification, updates, or evidence, like texts, photos, or witness statements.

Judges often ask follow-up questions to fully understand what happened and whether the behavior fits the legal definition of abuse. Speak clearly, stay focused on the facts, and stick to specific incidents rather than general patterns.

The Other Party Can Respond

The person you’re seeking protection from has the right to be there, review your paperwork, and respond. They can bring their evidence and witnesses. Sometimes, they’ll deny the claims. Other times, they may try to justify the behavior.

It’s important to stay calm, even if the other side says things that upset you. The judge is watching both your words and how you carry yourself in court.

The Judge Decides, & May Issue Orders On The Spot

Once both sides speak, the judge can decide immediately or take it under submission and issue a ruling later. If the restraining order is granted, it may include:

  • No-contact provisions.
  • Stay-away distances (e.g., 100 yards from your home or workplace).
  • Custody or visitation restrictions.
  • Firearm restrictions.

The order can last from a few months to five years, depending on the case. You’ll receive a copy in court or shortly afterward, and law enforcement will be notified automatically.

A hearing gives you the chance to be heard, but preparation is everything. The more organized, focused, and supported your case is, the stronger it will land with the court.

You don’t have to go through this alone. If you’re considering filing for a restraining order or defending against one, we’re here to help. Schedule a confidential consultation with Werno Family Law Solutions today. With us by your side, you feel safer, stronger, and more in control of what comes next.  Call us today at 714.942.5932.

Can It Affect Child Custody Or Visitation Rights?

Yes, and often in a big way. If you’re involved in a family law case that includes custody or visitation, a restraining order can shift how the court views parenting rights. California law prioritizes child safety above all.

A Presumption Against Sole Or Joint Custody

How does California Family Code § 3044 affect custody? For example, the court finds that one parent has committed domestic violence against the other parent or the child within the last five years. The judge must apply a legal presumption: it’s not in the child’s best interest for that parent to have sole or joint custody.

That doesn’t mean the parent is automatically cut off, but it raises a legal barrier they must overcome. The court will look closely at whether that parent has completed counseling, complied with the restraining order, and made efforts to change.

Visitation May Be Supervised Or Suspended

Even if custody is limited, courts may still allow visitation if it’s safe. But in domestic violence cases, visitation is often supervised, meaning a third party or professional monitors the visit.

In more serious cases, or where the abuse involved the child directly, visitation may be suspended altogether. The judge can also restrict communication, drop-off locations, and transportation to reduce risk and stress for both parent and child.

False Claims Can Backfire

In family court, the judge doesn’t need “beyond a reasonable doubt” to issue a restraining order or limit custody. The standard is lower: clear and convincing evidence or a preponderance of the evidence, depending on the situation.

However, if the court finds that someone made a false claim of abuse to gain custody, it can work against them. Judges take manipulation seriously, especially when a child’s well-being is on the line.

A restraining order can reshape custody entirely, but the court’s main concern is always the child’s safety and stability. If you’re seeking one, or defending against one, it’s critical to know how it could affect your parental rights.

Common Questions On California Restraining Orders

People often have questions when thinking about a restraining order. Here are straightforward answers to what the California family court looks for.

What Proof Do You Need To Obtain A Restraining Order

You don’t need perfect evidence to get a restraining order, just enough to help a judge understand that abuse or threats likely occurred. Texts, photos, witness statements, voicemails, or police reports can all strengthen your case. 

Can Emotional Abuse Support A Restraining Order Request

Yes. California recognizes more than physical violence. Repeated insults, isolation, manipulation, or threats to take children can qualify as abuse. If those actions disturb your peace or create fear for your safety, the court may issue protection.

Do You Need A Police Report To File For Protection In California

No. Police involvement helps, but it isn’t required. Many people never call law enforcement out of fear or embarrassment. Judges often rely on digital messages, journals, or credible testimony to understand what’s happening.

These answers offer helpful guidance, but your situation deserves personalized support. If you’re unsure about the next step, speaking with a family law attorney can protect your safety and peace.

Your Safety Is Worth Protecting, & So Is Your Voice

Taking the step to seek a restraining order isn’t just about paperwork; it’s about reclaiming your sense of safety and stability. In California family court, what you say and how you prove it can shape the outcome of your entire case, from custody to your daily peace of mind.

At Werno Family Law Solutions, we help clients navigate restraining order requests with clarity, urgency, and compassion. Whether you’re protecting yourself, your children, or both, we know how to build strong cases that courts take seriously. From the first form to the final hearing, we stand beside you every step of the way.

You don’t have to go through this alone. If you’re considering filing for a restraining order or defending against one, we’re here to help. Schedule a confidential consultation with Werno Family Law Solutions today. With us by your side, you feel safer, stronger, and more in control of what comes next.  Call us today at 714.942.5932.