Denise Richards obtained a five-year domestic violence restraining order against estranged husband Aaron Phypers in mid-2026, more than a year after Phypers filed for divorce in July 2025, according to reporting aggregated by Wariat. For California residents, this matters because a DV restraining order does far more than order someone to stay away — under Cal. Fam. Code § 4325, it triggers a rebuttable presumption against awarding spousal support to the restrained abuser.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Denise Richards granted a 5-year domestic violence restraining order against Aaron Phypers |
| When | DVRO reported mid-2026; divorce filed July 2025 |
| Where | California (Los Angeles County Superior Court) |
| Who's affected | Denise Richards, Aaron Phypers, and any shared household members |
| Key statute/rule | Cal. Fam. Code § 6200 et seq. (DVPA); § 4325 (support presumption) |
| Impact | Restraining order shapes support, property, custody, and firearm rights |
Why this matters legally
A domestic violence restraining order in California is one of the most consequential orders a family court can issue. Under the Domestic Violence Prevention Act, Cal. Fam. Code § 6200 et seq., a restraining order can last up to five years and be renewed permanently — the maximum term Richards reportedly received. The order does not merely require Phypers to stay a set distance away; it reaches directly into the financial and custodial core of the divorce itself.
The single most important legal consequence flows from Cal. Fam. Code § 4325. When a spouse has a documented history of domestic violence against the other party within five years of a divorce filing, California law creates a rebuttable presumption that awarding spousal support to the abusive spouse would be against public policy. In plain terms: a restrained abuser generally does not collect alimony from the person they abused. That presumption can reshape the entire economic outcome of a high-net-worth divorce.
A DVRO also carries an automatic firearm prohibition. Under Cal. Fam. Code § 6389, a person subject to a protective order may not own or possess a firearm for the duration of the order and must surrender any firearms they have. This is a mandatory, not discretionary, consequence — the court has no power to waive it.
How California law handles this
California treats domestic violence findings as central to divorce outcomes, not a side issue. The DVPA requires a court to issue a restraining order when a petitioner shows, by a preponderance of the evidence, past acts of abuse — which the statute defines broadly to include physical harm, threats, harassment, and coercive control, not just striking. Because Richards's petition reportedly alleged both physical and verbal abuse, the court had statutory grounds under Cal. Fam. Code § 6203 to grant relief covering that full range of conduct.
Beyond support, a DV finding directly affects custody. Under Cal. Fam. Code § 3044, when a court finds that a parent has committed domestic violence within the previous five years, a rebuttable presumption arises that awarding that parent sole or joint physical or legal custody is detrimental to the child's best interest. Richards and Phypers do not share minor children together, so § 3044 is unlikely to control their case — but for the average California parent, this presumption is often the deciding factor in a contested custody fight. You can read more about how these protections work in our overviews of domestic violence and protective orders.
Property division is less directly altered by a DVRO because California is a community property state under Cal. Fam. Code § 760, meaning assets acquired during marriage are generally split 50/50 regardless of fault. However, courts can order reimbursement or adjust the division where one spouse has dissipated community assets or where abuse-related expenses (medical bills, security costs) are at issue. High-conflict cases also tend to run longer and cost more; our California divorce cost estimator illustrates how contested proceedings escalate legal fees well beyond a standard uncontested filing.
Procedurally, California is a no-fault divorce state. Under Cal. Fam. Code § 2310, either spouse can dissolve the marriage by citing irreconcilable differences, and neither party must prove wrongdoing to end the marriage. Domestic violence does not change the grounds for divorce — the marriage ends either way — but it heavily influences the financial and safety orders that accompany it. Learn how the broader sequence works in our guide to the California divorce process.
Practical takeaways
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Document everything before you file. California DVRO petitions succeed on evidence — photographs, medical records, text messages, and witness declarations. A restraining order that later triggers the § 4325 support presumption depends on the strength of that documented record.
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Understand the five-year window. Because Cal. Fam. Code § 3044 and § 4325 both look back five years, a DV finding in your divorce can affect custody and support for years. The reciprocal is also true: allegations older than five years carry less statutory weight.
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Expect the firearm surrender to be immediate. A DVRO under § 6389 requires the restrained party to relinquish firearms right away. Do not assume this is negotiable — noncompliance is a separate criminal matter.
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Separate the safety order from the financial case. A temporary restraining order can be obtained quickly, often the same day, while the underlying divorce and property division proceed on a slower track. Getting the protective order in place first preserves both your safety and your legal leverage.
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Map your next steps early. Contested, high-conflict California divorces move through predictable phases. Building a personalized divorce roadmap helps you anticipate deadlines and understand where a DVRO intersects with support and property decisions.
If you are navigating a high-conflict separation or facing safety concerns, you do not have to sort through California's overlapping DV and family-law rules alone. Connecting with a qualified professional early — you can find a divorce attorney serving your county — can help you protect both your safety and your financial position before critical deadlines pass. If you are in immediate danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.