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Do I qualify for a DV restraining order if he never hit me?

CAquiet_river1 month ago

No physical violence. But controlling, isolating, monitoring my phone, threatening. Does this count?

3 replies

✓ Verified answer from a licensed attorney — shown first

Grace Mensah avatarGrace MensahVerified Attorney1 month ago

Yes. In CA, 'abuse' under the DVPA (Family Code §6203 / §6320) explicitly includes 'disturbing the peace of the other party' — and the In re Marriage of Nadkarni line of cases and the more recent statutory amendments make clear that coercive control, surveillance, isolation, and monitoring count. You don't need physical violence to qualify. File a DV-100 (request) + DV-110 (proposed order) at family court. The judge reviews ex parte the same day or next day; if granted, you get a temporary order good for ~21 days until a hearing. Bring screenshots, location-tracking evidence, witness declarations.

Rania Haddad avatarRania HaddadVerified Attorney1 month ago

Oakland attorney. Adding from the safety side — before filing, change your phone password, sign out of shared cloud accounts, and turn off location sharing. People filing DV petitions sometimes get spied on through the same devices they use to file. Local DV agencies will help with the safety-planning piece for free.

Lawma Moderator1 month ago

If you're in immediate danger, the National Domestic Violence Hotline is 1-800-799-7233 (text START to 88788). They can connect you to local shelters and legal advocates who file these orders every week.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.