Your Legal Guide to DVROs For Online Harassment in California

Most people associate Domestic Violence Restraining Orders (DVROs) with physical or emotional abuse in intimate relationships. However, as technology has evolved, so have the ways in which abuse can manifest. Today, online harassment has become an emerging area of concern, falling under the protections offered by DVROs.

Imagine you’ve spent years building a successful career. You’ve worked tirelessly to reach your current level of success. But now, a constant barrage of threatening messages is unsettling your peace—each one from someone you once trusted. Perhaps it’s a former partner who won’t leave you alone, or a family member who’s taking advantage of your private life by airing your details online. The anxiety is overwhelming, and you deserve a way to regain control.

In this digital age, online harassment has become a powerful tool for abuse. Whether it’s cyberstalking, doxxing, or a relentless smear campaign on social media, these acts can have a deep and lasting impact. 

If you’re dealing with such harassment, a DVRO might provide the protection you need. This guide is here to help you understand your options in California, covering everything from filing for a restraining order for online harassment to understanding how digital evidence can help build your case.

What is a Domestic Violence Restraining Order (DVRO)?

A Domestic Violence Restraining Order (DVRO) sometimes called a protective order is a legal order issued by a court to prevent ongoing abuse from someone in an intimate relationship, such as a spouse, partner, or family member. DVROs help to set boundaries that protect victims from various forms of abuse—whether physical, emotional, financial, or digital.

In recent years, DVROs have been expanded to address online harassment, recognizing that digital abuse can be as harmful as other forms of abuse. 

California offers several types of restraining orders, and for cases involving intimate relationships, a DVRO can provide comprehensive protection.

There are several types of DVROs, each tailored to different situations:

• Emergency Protective Orders (EPOs): Short-term protection, typically lasting up to 7 days, issued by law enforcement.
• Temporary Restraining Orders (TROs): Protection provided until a court hearing, usually lasting 20-25 days.
• Permanent Restraining Orders: Long-term protection, lasting up to five years, issued after a court hearing.

California Laws on Digital Abuse and Online Harassment

In California, digital abuse and online harassment are taken very seriously under several laws. The California Penal Code Section 646.9 addresses stalking, including cyberstalking, which involves repeated, unwanted contact through digital means that causes fear. 

Additionally, California’s Domestic Violence Prevention Act (DVPA) provides legal protection for victims of domestic violence, including abuse that takes place through digital channels.

The passage of laws like SB 255, known as the “Revenge Porn Law,” has also made it illegal to distribute intimate images without consent, further protecting victims from image-based abuse. 

If you are experiencing digital abuse, understanding these laws can help you and your attorney build a strong case for obtaining the appropriate restraining order and ensuring your rights are upheld.

Understanding Digital Abuse and Online Harassment

Digital abuse is a form of abuse that uses technology to intimidate, threaten, or control. In relationships, digital abuse can manifest in several ways:

• Constant monitoring through messages, calls, or tracking apps. This can include demands to check in constantly or share your location at all times.
• Unauthorized access to social media, email accounts, or other personal online spaces. This often involves stealing passwords or using spyware to track activities.
• Doxxing, which is sharing private information publicly without consent. This can put your safety at risk and cause significant emotional distress.
• Cyberstalking, which involves persistent, unwanted contact through digital platforms. It may include repeated messaging, tagging, or posting about you online.
• Impersonation online, where the abuser creates fake profiles pretending to be you or someone you know. This can be used to spread false information, harass your contacts, or damage your reputation.
• Image-based abuse (sometimes called “revenge porn”), where intimate photos or videos are shared without your consent. This is an extremely damaging form of digital abuse that can have serious emotional and legal repercussions.
• Financial control through digital means, such as accessing online bank accounts without permission or limiting your ability to access your own money via digital platforms.
• Manipulation of smart home devices, like using cameras, door locks, or alarms to control your environment remotely, which can create an ongoing sense of fear and helplessness.
• Digital isolation, where the abuser prevents you from communicating with friends or family by controlling your social media accounts or intercepting messages.
• Gaslighting via digital means, such as altering or deleting messages to create confusion or make you doubt your perception of reality.

For many, digital abuse can feel less real because it doesn’t leave physical marks. But the psychological effects are profound and can be just as damaging as physical abuse. 

How to Get a Domestic Violence Restraining Order

If you’re considering a Domestic Violence Restraining Order (DVRO), here’s a general overview of the steps to take in California:

1. Collect Evidence: Gather any evidence of abuse, whether physical, emotional, financial, or digital.
2. File the Request: Complete the appropriate forms and submit them to your local court. Depending on your county, you may be able to initiate the process online.
3. Temporary Restraining Order (TRO): Once the request is filed, a judge may issue a TRO that provides immediate protection until a hearing.

If you are dealing specifically with online harassment, understanding the type of evidence required is essential for building a strong case.

Types of Digital Evidence to Collect

• Screenshots of threatening messages, social media posts, or any form of harassment.
• Call Logs showing repeated, unwanted calls from the abuser.
• Social Media Activity such as posts, comments, or tags that harass or defame you.
• Authenticated Copies: Use a third-party service to create authenticated copies of your evidence to ensure credibility in court.
• Recordings of voicemails or screen recordings that show abusive behavior.
• Evidence of Doxxing, such as screenshots showing the public sharing of your private information.

1. Hearing and Permanent Order: During the hearing, both you and the person harassing you will have the opportunity to present evidence. If the judge decides in your favor, they may issue a Permanent Restraining Order, which can last for up to five years and be renewed if necessary.

Conditions of a DVRO For Online Harassment

A Domestic Violence Restraining Order for online harassment comes with specific conditions tailored to your safety. These conditions can include:

• No Contact: Prohibiting the abuser from contacting you by any means—be it in person, over the phone, or digitally.
• Stay Away Requirements: Requiring the person to keep a certain distance from your home, workplace, or even digital spaces (like blocking them from accessing your social media).
• Firearm Restrictions: Often, individuals restrained by a DVRO are prohibited from owning or purchasing firearms.

Filing for a DVRO: Costs and Considerations

How much does it cost to file a DVRO in California? Typically, there are no fees for filing a DVRO, especially in cases involving abuse or harassment. However, there may be costs associated with working with an attorney to help guide you through the process. It’s important to consider this as an investment in your protection and peace of mind.

Taking the First Step Towards Safety

Taking action against an abuser is difficult, but it’s often the first step toward reclaiming your life. If you’re dealing with digital harassment, here are some initial steps to consider:

• Secure Your Accounts: Change passwords and enable two-factor authentication on all online accounts. This helps prevent unauthorized access.
• Document Everything: Keep records of every incident of harassment. This will strengthen your case.
• Consult an Attorney: A qualified attorney can provide guidance, help you understand your rights, and work with you to develop a personalized plan for safety.

How to Get Help

If you’re experiencing online harassment and need protection, we’re here to help. At Provinziano & Associates, our team understands the devastating effects of digital abuse and the steps necessary to protect your safety and privacy. Whether you need guidance on how to file a restraining order for online harassment or want to know more about restraining order guidelines, we’re ready to assist you.

Call us today or schedule a case evaluation to take the first step toward peace of mind. Remember, you don’t have to navigate this alone—we’re here to help you regain control of your digital and personal life.