Can the Court Issue a Domestic Violence Restraining Order Based on Conduct From Years Ago? Yes.
A Recent California Court Decision Allowing a Trial Court to Issue a Domestic Violence Restraining Order for Conduct Which Occurred Years Ago May Significantly Influence Child Custody Orders in California.
On July 23, 2025 the California Appellate Court Published a Case Which Allows the California Family Law Trial Courts to Consider Conduct Which Occurred Years Before the Application for a Domestic Violence Restraining Order and Made Clear That Under the Proper Circumstances the Family Law Court May Issue a Restraining Order Based on Conduct From Years Past Even If the Person Who Seeks the Restraining Order Does Not Allege Any Recent Conduct Which Would Support a Restraining Order.
The Case is Entitled X.K. v. M.C. You can read the opinion here.
Or, you can watch our video about the case here.
WHY IS THIS A BIG DEAL?
Why is this a big deal? Because if a restraining order is in place, the restrained party cannot have legal custody or physical custody of their children. For more information on how a Domestic Violence Restraining Order Influences Child Custody, read this article.
I anticipate more applications for restraining orders coming through the California Family Law Courts in the coming months, which are could be described as tactical moves: one parent has applied for the restraining order in order to obtain legal and physical custody of their children.
HAVE YOU BEEN ACCUSED OF DOMESTIC VIOLENCE? Learn the Steps you should take in this article.
Galen Gentry, is a top-rated family law and divorce attorney with 30 years of experience protecting the rights of people and their families.
If you are accused of domestic violence or if you are a victim of domestic violence, we encourage you to contact our office for a free consultation. Call 310 282 7521, or schedule a consultation here.