Domestic violence laws in Los Angeles come from California statutes and are enforced through two parallel tracks: a civil restraining order process that creates immediate legal distance from an abuser, and criminal charges that can carry anything from a short jail term to several years in state prison. California defines abuse broadly enough to cover threats, stalking, and coercive control, not just physical violence, and a single incident can set off consequences for firearms, child custody, immigration status, and professional licensing that outlast the case itself.
What Counts as Abuse Under California Law
Family Code 6320 lets a court issue a restraining order based on far more than hitting. The statute covers stalking, threatening, harassing, destroying personal property, and “disturbing the peace” of the other person.1California Legislative Information. California Code FAM 6320 – Ex Parte Orders Disturbing the peace is defined as conduct that destroys someone’s mental or emotional calm, and the law specifically includes coercive control.
Coercive control, as the statute lists it, includes isolating someone from friends and family, controlling their finances or communications, depriving them of basic necessities, monitoring their movements through technology, and using threats based on immigration status to compel behavior.1California Legislative Information. California Code FAM 6320 – Ex Parte Orders Reproductive coercion — pressuring someone about pregnancy or interfering with contraception — is also covered. None of these require a physical injury.
Who qualifies to use these protections is defined by relationship. If the conduct came from a spouse, former spouse, someone you’re dating or used to date, a cohabitant, or a co-parent, you can seek a domestic violence restraining order. A police report is not a prerequisite.
How To Get a Restraining Order in Los Angeles
The civil process begins with form DV-100, the “Request for Domestic Violence Restraining Order.”2Judicial Council of California. Request for Domestic Violence Restraining Order It’s available on the California Courts Self Help site or at any court self-help center.3California Courts | Self Help Guide. Request for Domestic Violence Restraining Order DV-100 You describe the most recent incidents in detail — dates, times, locations, what happened. Judges make the initial decision almost entirely from what you write on this form.
You also specify what protections you want: stay-away distances from your home and workplace, temporary custody of children, and whether the other person must move out of a shared residence. A judge can also order temporary spousal support and give you exclusive use of shared property as part of the restraining order.4California Courts | Self Help Guide. Temporary Spousal Support If an abuser controls the household income, you can ask for monthly support payments while the case moves forward.
Papers go to the Los Angeles County Superior Court, either at the Stanley Mosk Courthouse or a regional branch. A judge reviews the filing the same day or the next business day.5California Courts. The Restraining Order Process If there is reasonable proof of past abuse, a temporary restraining order takes effect immediately.6California Legislative Information. California Code FAM 6300 – Issuance of Order That standard is far below the criminal “beyond a reasonable doubt” bar.
A temporary order has no force until the other person is served. The Los Angeles County Sheriff’s Department serves domestic violence papers for free.7California Courts. Sheriff Serves Your Request for a Restraining Order Any adult over 18 who is not involved in the case can also serve them.8LAPD Online. Domestic Violence – Obtaining a Restraining Order Service must happen before the hearing date.
The hearing is set within 21 days of the temporary order, or up to 25 days for good cause.9Justia Law. California Family Code Part 4 – Ex Parte Temporary Restraining Orders At the hearing, both sides can present evidence. If the judge grants a longer order, it can last up to five years, and if the restrained person doesn’t show up, the judge can grant the order based on the petition alone.5California Courts. The Restraining Order Process Before the order expires, you can ask the court to renew it for another five years or longer.10California Courts. Ask to Renew a Domestic Violence Restraining Order
Criminal Charges and Penalties
California prosecutors have two main domestic violence charges, and the dividing line is whether the victim shows a visible injury.
Domestic battery under Penal Code 243(e)(1) covers any use of force against a spouse, cohabitant, co-parent, or dating partner. Even the slightest unwanted touching qualifies if it’s done in a hostile way, and no injury is required. It’s a misdemeanor carrying up to one year in county jail and a fine of up to $2,000.11California Legislative Information. California Code PEN 243 – Battery
Corporal injury to a spouse or cohabitant under Penal Code 273.5 applies when the victim suffers a “traumatic condition” — any wound or injury caused by physical force, including minor bruising or swelling. Prosecutors usually file this as a felony, with a sentence of two, three, or four years in state prison. A prior conviction for a similar offense within the past seven years raises the maximum to five years and the fine ceiling to $10,000.12California Legislative Information. California Code PEN 273.5 – Inflicting Corporal Injury
Even when a case ends in probation rather than custody, Penal Code 1203.097 sets mandatory conditions: a minimum 36 months of court supervision, a 52-week batterer’s intervention program, a $500 fee that can be reduced for inability to pay, community service, and a criminal protective order shielding the victim from contact.13California Legislative Information. California Code PEN 1203.097 – Probation Conditions for Domestic Violence Missing classes, skipping service, or contacting the victim can result in the court revoking probation and imposing the original sentence.
What Happens After an Arrest in Los Angeles
When officers respond to a domestic violence call and have probable cause to believe an assault occurred, California law authorizes a warrantless arrest.14California Legislative Information. California Code PEN 836 – Arrest Officers can also request an Emergency Protective Order from an on-call judge right at the scene. An EPO takes effect immediately and lasts until the fifth court day or the seventh calendar day, whichever is sooner.15Judicial Council of California. Emergency Protective Order CLETS-EPO That gives the victim a short window to file for a longer DV restraining order.16California Courts. Guide to Protective Orders
Once an arrest is made, the decision to file charges belongs to the prosecutor, not the victim. The Los Angeles City Attorney’s Office handles misdemeanor domestic violence cases.17City Attorney. About the City Attorney The Los Angeles County District Attorney’s Office handles felonies, including Penal Code 273.5 cases. Both follow a no-drop policy: even if the victim wants to withdraw the complaint, the case moves forward on the evidence police gathered — 911 recordings, injury photos, medical records, witness statements. Prosecutors will take a case to trial without the victim’s testimony, treating domestic violence as a public safety matter rather than a private dispute.
Penalties for Violating a Restraining Order
A first violation of a restraining order is a misdemeanor punishable by up to one year in county jail and a $1,000 fine. If the violation causes physical injury, there is a 30-day minimum jail sentence and the fine doubles to $2,000.18California Legislative Information. California Code PEN 273.6 – Violation of Protective Order
A second violation within seven years that involves violence or a credible threat of violence can be charged as either a misdemeanor or a felony, with felony sentencing carrying state prison time.18California Legislative Information. California Code PEN 273.6 – Violation of Protective Order A second violation within one year that results in injury carries a six-month minimum. Officers responding to a reported violation of a domestic violence restraining order are required by law to arrest the person if they have probable cause — no discretion.14California Legislative Information. California Code PEN 836 – Arrest
Firearm Prohibitions
A domestic violence case triggers firearm restrictions at both the state and federal level. Under federal law, anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition.19Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A misdemeanor conviction is enough for a lifetime federal gun ban, with no exception for law enforcement or military personnel.
The ban also reaches anyone subject to a qualifying domestic violence restraining order. If the order was issued after a hearing with notice and a chance to participate, and it includes a finding that you represent a credible threat to an intimate partner’s safety or explicitly prohibits the use of force against them, you cannot legally possess a firearm while the order is active.19Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The U.S. Supreme Court upheld this prohibition in 2024 in United States v. Rahimi, holding that temporarily disarming someone found by a court to pose a credible threat is consistent with the Second Amendment.20Supreme Court of the United States. United States v. Rahimi, 602 U.S. 680 (2024)
California adds its own penalty. Under Penal Code 29825, knowingly possessing a firearm while subject to a domestic violence protective order is a crime punishable by up to one year in county jail, up to a $1,000 fine, or state prison time.21California Legislative Information. California Code PEN 29825 – Firearm Possession with Restraining Order When a court issues a restraining order, the restrained person must surrender all firearms, and state and federal charges can stack on a violation.
Effect on Child Custody
Under Family Code 3044, if a court finds that a parent committed domestic violence within the past five years against the other parent, the child, or the child’s siblings, there is a legal presumption that giving that parent sole or joint custody would harm the child.22California Legislative Information. California Code Family Code FAM 3044 The accused parent can try to overcome the presumption, but the burden is on them to prove by a preponderance of the evidence that custody would not be detrimental.
The definition of “perpetrated domestic violence” for custody purposes tracks the broad definition in Family Code 6320, so threatening, harassing, destroying property, and disturbing the peace all count, not only physical harm.22California Legislative Information. California Code Family Code FAM 3044 A granted restraining order is strong evidence for triggering the presumption, which is why the restraining order case and the custody case are tightly linked.
Immigration Consequences
For noncitizens, a domestic violence conviction can be more damaging than the criminal sentence. Under 8 U.S.C. § 1227(a)(2)(E), any noncitizen convicted of a crime of domestic violence, stalking, child abuse, or violating a protection order is deportable, regardless of length of residence or current status.23Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens Even a misdemeanor domestic battery conviction under Penal Code 243(e)(1) can trigger removal.
Survivors have their own federal protections. Noncitizens who are married to or are children of U.S. citizens or lawful permanent residents may self-petition for status under the Violence Against Women Act, without the abuser’s knowledge or cooperation. VAWA self-petitioners must show the relationship was entered in good faith, that they experienced abuse, that they have good moral character, and that they lived with the abusive family member in the United States at some point. There is no filing fee, and USCIS does not contact the abuser. Approved self-petitioners can apply for work authorization and later adjust to permanent resident status.
Survivors who cooperated with law enforcement in the investigation or prosecution of a qualifying crime may also qualify for a U visa. The U visa requires certification of cooperation from law enforcement and provides four years of legal status with work authorization. Interim protections, including work permits, are available while applications are pending.
Professional Licensing
A domestic violence conviction can put a California professional license at risk. Under Business and Professions Code 480, licensing boards may deny or discipline a license based on a criminal conviction within the past seven years if the offense is substantially related to the duties of the profession. Healthcare, law, teaching, real estate, and accounting are among the fields commonly affected, and boards typically treat domestic violence as a crime of moral turpitude.
Discipline is not automatic. Boards weigh the specific conviction, its connection to professional duties, and mitigating circumstances. Many boards also require self-reporting of criminal convictions, and failing to report can be grounds for discipline on its own, sometimes more serious than discipline for the underlying conviction.
Where To Get Help in Los Angeles
Call 911 if you are in immediate danger. Confidential hotlines operate around the clock:24City of Los Angeles. Domestic Violence and Human Trafficking Shelters
- National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
- LA County 24-hour hotlines: (800) 479-7328 and (800) 339-3940, the latter with Asian language services
- National Teen Dating Abuse Helpline: (866) 331-9474
Court self-help centers across Los Angeles County provide free help with restraining order paperwork. The LACBA Counsel for Justice Domestic Violence Project at 1801 Marengo Street offers legal assistance Monday through Friday from 8:30 a.m. to 5:00 p.m.24City of Los Angeles. Domestic Violence and Human Trafficking Shelters Survivors involved in federal cases may also have access to victim-witness coordinators through the U.S. Attorney’s office, who can connect you with counseling, emergency shelter, and compensation for medical bills and lost wages.