Understand Your Rights. Solve Your Legal Problems
When Denise Richards stepped into a Los Angeles courtroom this October to testify against her estranged husband, Aaron Phypers, the headlines focused on her tears and accusations. Yet behind the emotion was a powerful example of how California’s courts decide when—and how—to protect victims of domestic violence.
What most people don’t realize is that the same laws protecting celebrities in Beverly Hills apply to anyone—from a nurse in Fresno to a teacher in Bakersfield—who feels unsafe at home. The restraining order is one of the most important tools in family and criminal law, separating safety from danger when evidence and emotion collide.
According to the Judicial Council of California’s 2024 Court Statistics Report, state courts handle tens of thousands of domestic violence restraining order petitions every year. While celebrity cases like Richards’ draw national headlines, they reflect the same legal process that thousands of ordinary families navigate quietly and without cameras.
A restraining order, often called a protective order, isn’t meant to punish—it’s meant to prevent. It restricts contact or proximity between two people when abuse, threats, or harassment have been alleged.
California’s Domestic Violence Prevention Act defines abuse broadly. It includes physical harm, stalking, and threats, but also “disturbing the peace” through intimidation or controlling behavior. As The Guardian reported in a 2023 analysis of coercive control laws, modern courts increasingly recognize psychological abuse as a legitimate form of domestic violence.
Victims can request several types of protection:
Emergency Protective Orders, issued by police in moments of immediate danger.
Temporary Restraining Orders (TROs), granted quickly by a judge based on sworn statements.
Long-Term or Permanent Orders, decided after both parties testify and evidence is reviewed.
Each order may require no contact, enforce distance rules, or compel the surrender of firearms. For public figures like Richards, those boundaries are harder to maintain under media scrutiny—but legally, the rules are the same for everyone.
Temporary restraining orders are designed for speed. Judges can approve one the same day a petition is filed if there’s credible fear of harm. Hearings follow within about three weeks, when both parties present their side.
At that point, the judge must decide whether to extend the order or dissolve it. The standard of proof is “preponderance of the evidence”—a lower threshold than the “beyond reasonable doubt” required in criminal cases.
According to the California Courts Self-Help Center, acceptable evidence can include photos, texts, medical notes, and testimony about emotional distress. Courts understand that domestic violence often leaves no visible injuries. If granted, a permanent order can last up to five years and be renewed before expiration. Violating one—through a call, text, or visit—can result in arrest and prosecution.
Family law judges must interpret complex human relationships through evidence. They look for patterns, not perfection. Some of the key considerations include:
Tangible Evidence: Photos, messages, and medical documentation help establish a consistent timeline.
Behavioral Patterns: Efforts to move out, change locks, or notify friends suggest genuine fear.
Psychological Impact: Emotional confusion or distress can align with trauma rather than dishonesty.
Respondent Conduct: Cooperation with orders and calm courtroom behavior influence credibility.
Coercive Control: Financial domination, isolation, or surveillance are now seen as abuse indicators.
As several Los Angeles judges told The New York Times in past reporting, the law has evolved to treat fear itself as evidence when that fear is credible and sustained.
Judges are equally cautious about restraining orders being used strategically in divorces or custody disputes. California’s judicial guidance warns that protective orders should never become a weapon in emotional litigation.
Courts look closely for corroborating evidence, consistent testimony, and third-party verification before granting a permanent order. This balance—protecting victims while preventing misuse—reflects the fairness principles at the heart of California family law.
Visit your county superior court or the California Courts Self-Help Center website.
Complete Form DV-100 (Request for Domestic Violence Restraining Order) and DV-110 (Temporary Order).
Submit your forms to the clerk for a judge’s review—often the same day.
If approved, law enforcement will serve the order on the other party.
Attend the full hearing, usually scheduled within 20 to 25 days.
Many survivors wonder why an accused abuser isn’t automatically arrested once a restraining order is issued. That’s because restraining orders are civil remedies—they provide protection but don’t assign guilt. Criminal prosecution requires a separate investigation and proof beyond a reasonable doubt.
However, once a restraining order is in place, violating it becomes a criminal offense under California Penal Code Section 273.6. This structure allows victims to gain quick civil protection while still giving prosecutors time to build a criminal case if necessary.
Celebrity trials blur the line between justice and entertainment. When Denise Richards testified that she feared for her life—claims that Aaron Phypers denies—she echoed what countless survivors describe in family courts across the country: fear, confusion, and disbelief that love could turn dangerous.
For lawyers and judges, such cases remind the public that restraining orders aren’t moral judgments but constitutional rights. While fame amplifies visibility, the legal standards don’t change. Every petition, whether filed by a public figure or a private citizen, carries the same weight before the law.
Filing for a restraining order can be daunting, especially when trauma is recent. But for many, it is the difference between fear and freedom.
Studies cited by The Guardian show that states with streamlined restraining order systems have lower rates of repeat violence. California’s e-filing and remote testimony options make the process more accessible and less intimidating.
A restraining order can’t guarantee safety, but it creates a legal record that police and courts must respect. It establishes accountability—a clear warning that harassment, intimidation, or abuse will have consequences.
Domestic protection now extends far beyond physical proximity. Under the federal Violence Against Women Act (VAWA), restraining orders issued in one state are enforceable in all fifty, including against online harassment. Cyberstalking, threats via text, or digital monitoring can all fall under the same legal protections as physical violence.
As technology blurs boundaries, courts are adapting to recognize that abuse can happen through screens as easily as behind closed doors.
Every domestic violence hearing represents a person asking the law for protection—and trusting it to deliver. For every high-profile case, there are thousands of unseen hearings where ordinary people take the same step Denise Richards did: documenting, filing, and waiting for justice.
The lesson is clear. Restraining orders are not weapons; they are shields. They exist to give victims breathing space, time to heal, and the assurance that the law stands beside them when fear becomes unbearable.
No one should have to wait for tragedy to seek help. The law already provides the means—what matters most is knowing how, when, and why to use it.
Legal Explainer: What a California Restraining Order Does
Duration: Temporary orders last about 20–25 days until a hearing.
Extensions: Permanent orders can last up to five years and be renewed.
Penalties: Violating an order can lead to arrest, fines, or jail.
Scope: Can include no-contact, distance limits, and firearm removal.
Sources: California Family Code §§6200–6389; California Courts Self-Help Center.
How long does it take to get a restraining order in California?
Usually within one business day for temporary protection, with full hearings scheduled in about three weeks.
Can a restraining order affect child custody?
Yes. Judges may include temporary custody or visitation terms if children are involved.
Can restraining orders be mutual?
Only if both parties file separately and the judge finds abuse on both sides. California discourages one-size-fits-all mutual orders.
