Why This Matters
If you’ve ever filed for a Domestic Violence Restraining Order (DVRO) and the court denied it, you may have wondered whether you can try again in the future. The answer depends on whether the court’s denial was “with prejudice” or “without prejudice.”
The Recent Case
In Grier v. Alvarez (2024), the California Court of Appeal explained that when a DVRO is denied without prejudice, the petitioner is not barred from returning to court later. This means if new incidents of abuse happen, or new evidence comes to light, you can file a new DVRO request.
On the other hand, if a denial is issued with prejudice, the case is considered closed, and you cannot re-file the same claims.
What This Means for You
- If you are asking for protection: A “without prejudice” denial does not mean the judge didn’t believe you. It means the court is leaving the door open if things change.
- If you are defending against a DVRO: A “with prejudice” denial gives you more certainty that the same claims cannot be brought again.
Why Judges Use These Terms
The law recognizes that domestic violence situations can change quickly. A “without prejudice” ruling allows victims to come back to court if new dangers arise. At the same time, a “with prejudice” ruling prevents repeated litigation on the same facts.
Takeaway
Always pay attention to the exact wording of the court’s order. That one phrase, with or without prejudice — could determine whether the issue is truly final.
Need help? Give us a call!
– Channe G. Coles- Family Law Attorney
Santa Barbara & Ventura Counties
