A Domestic Violence Restraining Order (DVRO) is a court order that protects victims of abuse or threats of abuse from a spouse, partner, family member, or cohabitant. It can include personal conduct orders, stay-away orders, custody/visitation orders, and residence exclusions.
The Proccess
Filing the Request – The protected party files Form DV-100. Temporary restraining orders (TROs) may be issued immediately
Service of Process – The respondent must be served with the paperwork before the hearing.
The Hearing – Both parties present testimony, evidence, and witnesses.
Court Considerations – Judges look at credibility, corroboration, and whether abuse occurred as defined by the Family Code.
Possible Outcomes – Grant DVRO for up to five years, deny, or modify.
Custody and Support Issues:
DVRO hearings often involve child custody and visitation orders. Findings of domestic violence impact long-term custody (Fam. Code §3044).
After the Hearing:
If granted, the DVRO is enforceable statewide. Orders can be renewed or modified.Takeaway: Preparation is critical. Bring evidence and witnesses. An attorney can help present your case clearly.
California Child Custody Basics
The Standard: Best Interests of the Child Courts decide custody using the best interests standard: health, safety, and welfare, and any history of abuse.
Types of Custody:
Legal Custody: Decision-making (joint or sole)
Physical Custody: Where the child lives (joint or sole).
Key Factors:
Routine and stability
Each parent’s ability to provide care
Child’s age and ties to school/community
History of abuse or substance abuse
Willingness to foster the other parent’s relationship
Orders
Temporary orders early in case
Final orders at judgment
Modifications if circumstances change
Orders
Parents may stipulate or go to mediation. Court decides if no agreement.Takeaway: Stability and safety guide decisions. Cooperation strengthens your case.
Spousal Support in California
Temporary vs. Permanent:
Temporary: Early support, often guideline-based.
Permanent: End-of-case, based on Fam. Code §4320
Key Factors:
Length of marriage
Standard of living
Earning capacities
Age, health, circumstances
Ability to pay
Duration:
Short-term (<10 yrs): ~half length of marriage
Long-term (10+ yrs): Court may retain jurisdiction
Takeaway: Support is discretionary. Evidence of income/expenses is critical.
Epstein & Watts Credits Explained
Epstein Credits:
Allow reimbursement for post-separation payments on community debts with separate property. Example: paying mortgage or car loan after separation.
Watts Charges:
Apply when one spouse exclusively uses a community property asset post-separation. Example: living in the community home without rent leads to reimbursement claim.
Limits & Exceptions:
Epstein credits denied if considered support or gift.
Watts charges offset by mortgage/taxes paid by occupying spouse.
Takeaway: Documentation is key—mortgage statements, receipts, appraisals.
California Divorce Step-by-Step
Step 1
Petition – File FL-100 and serve spouse.
Step 2
Response – Other spouse files FL-120 within 30 days.
Temporary Orders – Custody, support, exclusive home use.
Step 5
Settlement – Mediation or MSCs.
Step 6
Trial – Judge decides unresolved issues.
Step 7
Judgment – Final resolution.
Immigration Laws Resources
I-751 Checklist & Evidence of Good-Faith Marriage
Why Evidence Matters:
Form I-751 requires proof of a genuine marriage.
Evidence to Include:
Joint bank accounts, credit cards, tax returns
Leases, mortgages, utility bills
Insurance policies
Children’s birth certificates, school docs
Photos with labels
Photos with labels
Travel records
Affidavits from friends/family
USCIS Requests:
Weak evidence can lead to RFE. Strong evidence upfront reduces risk. Takeaway: Present your life together as a story with financial, social, and personal ties.
Preparing for Your N-400 Naturalization Interview
Before the Interview:
Review your application
Study civics & English
Gather documents (green card, passport, marriage certs, tax returns, etc.)
During the Interview
English test (reading, writing, speaking)
Civics test (10 questions, need 6 correct)
Application review & background questions
After the Interview:
Approval → Oath Ceremony notice
Continued → Additional docs requested
Denied → Option to rehear or appeal
Spousal Support in California
Temporary vs. Permanent:
Temporary: Early support, often guideline-based.
Permanent: End-of-case, based on Fam. Code §4320
Key Factors:
Length of marriage
Standard of living
Earning capacities
Age, health, circumstances
Ability to pay
Duration:
Short-term (<10 yrs): ~half length of marriage
Long-term (10+ yrs): Court may retain jurisdiction
Takeaway: Support is discretionary. Evidence of income/expenses is critical.
