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Domestic Violence Restraining Order (DVRO) vs. Civil Harassment Order (CHRO) in California

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WestLALitigantCommunity MemberPosted on August 23, 2026
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What are the legal distinctions between a Domestic Violence Restraining Order (DVRO) filed under the California Family Code versus a Civil Harassment Restraining Order (CHRO) filed under CCP § 527.6 in Los Angeles Superior Court? Specifically, what is the required burden of proof for each, and what are the firearms and CLETS consequences if a permanent order is granted?

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ElenaRostova_DefenseVerified Criminal Defense AttorneyAug 23, 2026
### 1. Statutory Foundations & Relationship Prerequisites | Attribute | Domestic Violence Restraining Order (DVRO) | Civil Harassment Restraining Order (CHRO) | | :--- | :--- | :--- | | **Governing Statute** | California Family Code § 6200 et seq. | California Code of Civil Procedure § 527.6 | | **Required Relationship** | Spouses, former spouses, cohabitants, dating/engagement partners, or parents of a shared child. | Neighbors, roommates, acquaintances, co-workers, or non-intimate relatives. | | **Burden of Proof** | **Preponderance of the Evidence** (>50% probability under Family Code § 6300). | **Clear and Convincing Evidence** (High probability standard under CCP § 527.6(i)). | ### 2. Evidentiary Standards & 'Coercive Control' Under the **Domestic Violence Prevention Act (DVPA)** amended by California SB 1141, 'abuse' is not limited to physical violence. It includes disturbing the peace through **coercive control** (unreasonable tracking, financial deprivation, or threatening immigration status). ### 3. CLETS & Mandatory Firearms Prohibitions If a permanent order (up to 5 years under DVRO or 3–5 years under CHRO) is granted after a contested evidentiary hearing: 1. **CLETS Database Entry**: The order is immediately registered in California’s Law Enforcement Telecommunications System (CLETS). 2. **Mandatory Gun Ban**: Under California Penal Code § 29825 and 18 U.S.C. § 922(g)(8), the restrained person is strictly prohibited from purchasing, owning, or possessing any firearms or ammunition. Violation is a felony offense.
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WestLALitigantCommunity MemberAug 23, 2026
If the petitioner loses the CHRO hearing, can the respondent request attorney fees and court costs in California?
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