In California family court, a “court 310 hearing” almost always means the hearing where a judge decides whether to convert a temporary restraining order into a longer-term Domestic Violence Restraining Order, usually called a DVRO. The “310” label does not come from the statute that governs these cases. California Family Code Section 310 covers dissolution of marriage, not domestic violence protection.1California Legislative Information. California Family Code 310 – Dissolution of Marriage The number most likely refers to a department or courtroom at a particular courthouse, or to the FL-310 form used to reschedule family law hearings. Whatever the label, the hearing itself carries real weight: if the judge grants the DVRO, the restrained person faces mandatory firearm surrender, possible loss of custody, and stay-away orders that can last up to five years, or in some cases, permanently.
What the Judge Is Deciding
The legal authority for domestic violence restraining orders comes from the Domestic Violence Prevention Act, starting at Family Code Section 6300. The court can issue a protective order when the evidence shows reasonable proof of a past act of abuse.2California Legislative Information. California Family Code 6300 At the hearing, the judge weighs testimony and evidence from both sides and decides whether the petitioner has shown that abuse occurred and that ongoing protection is needed.
The standard of proof is preponderance of the evidence, meaning the petitioner must show it is more likely than not that abuse happened.3California Courts. Domestic Violence Restraining Orders Bench Guide That is a lower bar than the “beyond a reasonable doubt” standard used in criminal cases. The judge can rule based entirely on testimony and written declarations. Physical evidence like photographs or medical records is not required, though it strengthens a case considerably.
How the Hearing Gets on the Calendar
The process starts when the petitioner files a request using the DV-100 form.4California Courts. Request for Domestic Violence Restraining Order (DV-100) A judge reviews the paperwork quickly and decides whether to grant a temporary restraining order while the case waits for a full hearing. If the judge grants temporary orders, the court sets a hearing date and issues a DV-109 notice telling both parties when to appear.5California Courts. Notice of Court Hearing (DV-109)
Courts typically schedule the hearing within about 21 to 25 days. The temporary order stays in effect until that hearing date, so the restrained person must follow all its terms from the moment they are served. Before the hearing can proceed, the petitioner must arrange for someone else to personally deliver copies of the paperwork to the respondent. This is called service of process, and the petitioner cannot do it themselves.6California Courts. File Your Request for a Domestic Violence Restraining Order If service does not happen in time, the court will usually continue the hearing rather than dismiss the case. There is no filing fee for a domestic violence restraining order in California.
If You Are the Petitioner
Your job is to present enough evidence to meet the preponderance standard. Police reports carry weight because they document incidents independently of either party’s testimony. Medical records showing treatment for injuries, photographs of bruises or property damage, and screenshots of threatening text messages or emails all help build the case. Print electronic evidence rather than relying on your phone screen in court. Judges need documents they can review and keep in the file.
Written declarations from witnesses who personally saw the abuse or its aftermath also carry significant weight. If a witness will not attend voluntarily, you can have the court clerk issue a subpoena ordering them to appear.7California Courts. Subpoena Trial or Hearing The judge treats your DV-100 form as part of the evidence, so the written description of the abuse matters. Vague allegations like “he was abusive” are far less effective than specific accounts with dates, locations, and details about what happened.
One common mistake: waiting until the hearing to raise incidents that were not in the original paperwork. The judge may allow additional testimony, but the respondent can object to surprises not disclosed in the written filing. Include every relevant incident in the DV-100 or in a supporting declaration filed before the hearing.
If You Are the Respondent
Filing a written response using the DV-120 form is optional. There is no penalty for skipping it, and filing is not required to attend the hearing and present your side.8Judicial Council of California. How Can I Respond to a Request for Domestic Violence Restraining Order Filing one does give you a strategic advantage: it puts your version of events on the record before the hearing and signals that you are engaged in the process. If you file, use the DV-120 form and address each specific allegation from the petitioner’s request.9Judicial Council of California. Response to Request for Domestic Violence Restraining Order
Effective rebuttal evidence includes communications showing the petitioner was not in fear during the alleged timeframe, evidence that contradicts the petitioner’s timeline, and testimony from people who observed the interactions differently. Character witnesses have limited value on their own. A friend saying “he would never do that” is far less persuasive than a text message from the petitioner that contradicts a specific claim.
A respondent who ignores the hearing entirely risks a DVRO being granted by default. The judge can issue the order based solely on the petitioner’s paperwork and testimony, with no opposing evidence in the record.
What Happens in the Courtroom
Both parties should arrive early and check in with the courtroom clerk. When the judge calls the case, everyone who will testify is sworn in. The petitioner goes first, describing the abuse and submitting evidence for the judge to review. The respondent or their attorney then gets to cross-examine the petitioner.10California Courts. Cross-Examine a Witness
The respondent then presents their defense: testimony, evidence, and any witnesses. The petitioner gets the same chance to cross-examine. Cross-examination questions must stay within the scope of what the witness talked about during their direct testimony. Judges in these hearings tend to be more patient with self-represented parties than in other proceedings, but they still expect you to stay focused on the specific allegations rather than relitigating the entire relationship.
If you cannot physically attend, many California courts allow remote appearances by video or phone. Contact the court clerk as early as possible, since each courthouse handles remote hearings differently. Some courts charge a fee for the remote platform, waived if you have a fee waiver order.11California Courts. Remote Court Hearings Missing the hearing without arranging anything in advance is one of the worst mistakes either party can make. The judge may decide the case without you, or dismiss the petitioner’s request entirely.12California Courts. What to Expect in the Courtroom
Possible Outcomes
After hearing from both sides, the judge announces a decision. Three outcomes are possible.
DVRO Granted
If the judge finds the petitioner met the burden of proof, the court issues a DVRO that can last up to five years.13California Courts. Domestic Violence Restraining Orders in California The order can include a stay-away distance from the petitioner’s home, workplace, and children’s school; an order for the restrained person to move out of a shared residence; a prohibition on contact, direct or through third parties; and orders covering child custody, visitation, and support. The court can also grant the petitioner exclusive care of any pets.14California Legislative Information. California Family Code 6320 The statute covers not just physical violence but also coercive control, which includes patterns like isolating someone from friends, controlling their finances, or monitoring their communications.
Request Denied
The judge denies the request when the petitioner has not met the preponderance standard. If the request is denied, any temporary restraining order in place expires immediately. A denial does not prevent the petitioner from filing a new request later if new incidents of abuse occur.
Stipulated Agreement
Sometimes both parties negotiate an agreement before or during the hearing, and the judge adopts it as a court order. A stipulated order often includes fewer restrictions than a contested DVRO, but it carries the same legal force. Violating one has the same criminal consequences as violating a DVRO granted after a contested hearing. Respondents should understand that agreeing to a stipulated protective order can still trigger firearm prohibitions and affect custody proceedings.
What a DVRO Means Afterward
Child Custody
A DVRO does not automatically determine custody, but it heavily influences it. When the court finds that a parent committed domestic violence within the past five years, California law creates a rebuttable presumption that giving that parent sole or joint custody would be harmful to the child.15California Legislative Information. California Family Code 3044 “Rebuttable” means the parent can overcome the presumption, but they bear the burden of proving by a preponderance of evidence that custody with them is actually in the child’s best interest. That is an uphill fight.
Even without a formal finding of domestic violence, the judge must consider credible allegations of abuse when making custody decisions, and must explain in writing why they granted custody or unsupervised visitation to a parent accused of abuse.16California Courts. Domestic Violence and Child Custody Custody and visitation terms can be included directly in the DVRO, which means the restraining order hearing can effectively double as an initial custody hearing for parents who do not already have a custody order in place.
Firearms
Under California law, a person subject to a DVRO cannot own, possess, buy, or receive any firearm or ammunition for the entire duration of the order.17California Legislative Information. California Family Code 6389 The restrained person must surrender all firearms and ammunition either immediately to a law enforcement officer at the time of service, or within 24 hours by turning them over to law enforcement or selling them to a licensed dealer. Within 48 hours, the restrained person must file a receipt with both the court and the law enforcement agency. Failing to file that receipt on time is itself a violation of the protective order.
Federal law adds a separate layer. Under 18 U.S.C. Section 922(g)(8), anyone subject to a qualifying domestic violence restraining order is prohibited from possessing firearms anywhere in the United States.18Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts Violating this federal prohibition is a felony, separate from any state charges.
Violations
Violating a DVRO is a criminal offense under California Penal Code Section 273.6. A first violation is a misdemeanor carrying up to one year in county jail, a fine of up to $1,000, or both. A violation causing physical injury carries up to one year in county jail with a minimum of 30 days, a fine of up to $2,000, or both. Repeat violations within seven years, especially those involving violence or injury, can be charged as felonies.19California Legislative Information. California Penal Code 273.6 Even a single text message to the protected person can lead to arrest. Officers who respond to a reported violation generally arrest rather than warn, because the court has already found that protection is necessary.
Renewal
A DVRO does not renew itself. The petitioner must file a renewal request within three months before the order expires. If you miss that window, the order lapses.20California Legislative Information. California Family Code 6345 Renewal does not require proving new abuse. The court can renew the order based on the original findings alone, for another five years, for a longer period, or permanently, at the judge’s discretion. The restrained person has the right to a hearing on the renewal request, but the petitioner does not need to show that anything new has happened.
Enforcement in Other States
A California DVRO does not stop at the state border. Under federal law, every state, tribal government, and territory must recognize and enforce a valid protection order issued by any other jurisdiction, without the order needing to be registered in the new state.21Office of the Law Revision Counsel. 18 U.S.C. 2265 – Full Faith and Credit Given to Protection Orders If you relocate or travel, you can present your California DVRO to local law enforcement in any state, and they are required to enforce it as though it were issued by their own courts.