DVROs Are Civil, Not Criminal
A Domestic Violence Restraining Order (DVRO) in California is issued in family law court, not criminal court. That means it’s a civil order, not a criminal conviction. Having a DVRO does not automatically give you a criminal record. Judges can grant these orders if they find, by a preponderance of the evidence, that abuse or threats occurred. This standard is far lower than in criminal court, which requires proof “beyond a reasonable doubt.” Although a DVRO is civil, it can still appear in certain government databases and have serious consequences.
What a DVRO Does Appear On
When a DVRO is issued, it’s entered into the California Law Enforcement Telecommunications System (CLETS), a statewide database accessible to police officers. While this isn’t a “criminal record,” it can show up on background checks for law enforcement, security, or government positions. In addition, California and federal law prohibit a restrained person from owning or purchasing firearms while the order is active. The order may also influence family court decisions about child custody and visitation, since Family Code §3044 creates a presumption against awarding custody to a parent found to have committed domestic violence.
When a DVRO Can Lead to Criminal Charges
A Domestic Violence Restraining Order itself isn’t criminal—but violating it is. Under Penal Code §273.6, willfully disobeying a DVRO is a misdemeanor or felony offense, depending on the circumstances. A conviction for violating the order will appear on your criminal record. Because of these potential consequences, anyone subject to a DVRO should take it seriously: follow all court orders, avoid prohibited contact, and seek legal advice before making any decisions that could violate the order. So while a DVRO doesn’t create a criminal record by itself, missteps afterward can.
