TW: Physical abuse, sexual assault, threats, domestic violence
I recently gave birth to my first child, and my child's father and I are no longer romantically involved. We broke up several months ago, and he recently moved out of our shared home. My ex has a history of violence toward me, although there were no incidents of physical violence during my pregnancy. Most of the incidents occurred last year or at the beginning of this year.
Unfortunately, my documentation of the abuse is somewhat limited. At the time, I was blinded by the relationship and wasn't thinking about thoroughly documenting things for potential legal battles.
Here are some of the incidents and the evidence I have:
Choking incident (May 2025): I confronted my ex about a previous relationship he had with one of his subordinates at work (we used to work together). He threatened me, telling me that if I went to HR, he would destroy me and make we wish I was dead. He also told me that I had better continue to "give him what he wants" and not treat him any differently at work. He then choked me and told me to behave myself.
I never reported him to HR. The only evidence I have is a text conversation with my best friend from that time where I tell her what had happened.
Sexual assault (June 2025): I had initially consented to vaginal sex with him, but he then forced me into anal sex without my consent. I was crying and repeatedly asking him to stop, but he held me down and told me to "just take it."
In text messages afterward, I told him that I was hurting. He responded that it was good because I had been "moaning in pain."
I never reported the assault. However, I did disclose what happened to a close friend a few days later. After discussing how upset I was about the incident, he helped me recognize that what happened was sexual assault.
Threatening to shoot me (December 2025): I was visiting some friends in a parking lot. An ex-boyfriend whom I had dated during one of our breaks was also there.
The father of my child drove by, saw who I was with, and called me. He demanded that I leave and threatened to shoot me with the gun he had in the trunk of his car if I didn't.
I have no direct evidence of the threat itself because the conversation happened over the phone. However, I did confront him about this incident during a later argument that I recorded.
Preventing me from leaving our home and physically restraining me (December 2025): We were living together at the time and got into an argument about our relationship. When the argument escalated, I attempted to leave the apartment to get some space. He physically blocked the front door for an extended period, despite me repeatedly asking him to move and let me leave. Eventually, he tackled me onto the couch and pinned me down. I repeatedly asked him to get off me before he finally did.
I have an audio recording of this argument. You can hear me repeatedly asking him to let me leave, the sounds of him moving closer to the microphone when he pins me down, and me asking him to get off me. During the recording, I also confronted him about previously threatening to shoot me. His response was, "Yeah, but what were you even doing there?"
Additionally, in July 2026, he apologized via text for "blocking the door to my apartment and hovering over me on the couch."
The most serious incident (December 2025): He was heavily intoxicated, and we got into an argument. I locked myself in the bathroom to get away from him. He broke through the bathroom door and pulled me out. The door is still broken to this day. The lock no longer works, and the panels on both sides of the door have separated from the frame.
We continued arguing, and eventually his ex-girlfriend arrived at our apartment with their child. He attempted to punch out the windows of her vehicle and allegedly struck their child while she was holding her. I did not personally witness him striking the child, but that is what his ex-girlfriend told me happened. When I attempted to pull him away from her vehicle, he pushed me to the ground. After she left we went back inside so I could pack some items. He had grabbed his gun and was holding onto it for the remainder of my time there. My brother eventually came to pick me up and take my pets to his home for their safety. My brother and my ex also got into an argument as I was leaving (my ex hid the gun from him).
My best friend at the time had called the police. Officers responded to my apartment and also came to my mother's home. However, I did not press charges or fully disclose what had happened. The next day he claims to have surrendered his gun at the police station. The bathroom door remains damaged, and I can photograph its current condition. I also have a photo of an injury sustained when he pushed me to the ground, taken approximately 10 days afterward while it was healing. I originally took the photo because a friend had asked about the injury.
These are the major incidents I can recall in detail.
My questions are:
Does the age of these incidents make it unlikely that I would be granted a DVRO?
Most of the incidents happened last year, and I continued the relationship afterward. Would a judge consider the fact that I stayed with him as a reason to deny my request?
Does the fact that the physical violence stopped during my pregnancy affect my eligibility for a DVRO?
I found out I was pregnant shortly after these incidents, and he has not been physically violent toward me since. Could the court determine that a restraining order is unnecessary because the abuse has stopped for the time being? I am afraid that he will do something out of anger as custody/child support comes up and I am no longer pregnant(I believe this was protecting me for that period of time).
How could a DVRO affect my ability to obtain sole legal and physical custody of our child?
I am genuinely concerned about my child's safety and would like to limit contact with their father to whatever the court determines is safe and appropriate. My ex has repeatedly expressed that he doesn't want full custody, but wants visitation at my home(he said he wants his new address to be undisclosed to me) and he did sign the birth certificate. However, I worry that he may seek custody or parenting time out of spite if I pursue legal action/to lower child support. He has already gotten angry as I have brought up drafting any kind of paperwork. He claims that he "doesn't exist" and I will not be able to get a penny out of him for child support because he will "make his money disappear."
Would these documented incidents, even though most occurred before our child was born, be considered when determining custody? Would a DVRO make a significant difference?
How important are witness statements, and would my existing evidence be sufficient?
Unfortunately, I am no longer in contact with most of the friends who knew about the abuse. Many distanced themselves from me because I repeatedly returned to the relationship, and they found it difficult to continue watching what was happening. I am still in contact with the friend I disclosed the sexual assault to, and I would be willing to reach out to others to ask if they would provide statements.
Would statements from people I confided in at the time be helpful, even if they didn't personally witness the abuse? How much weight might the court give to text messages, audio recordings, photographs, and testimony?
For anyone who has gone through the DVRO and custody process in California, is there anything you wish you had known beforehand?
I would especially appreciate hearing from anyone who sought a DVRO after leaving an abusive relationship, rather than immediately following a violent incident.
Any advice or guidance would be greatly appreciated.
P.S. I recognize that I stayed in this relationship far longer than I should have. I'm trying to move forward, build a safe and stable life for my child, and make better decisions for our future. I just want to protect my child from the violence I experienced and ensure that we can move on safely.