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Requesting a Restraining Order

If you are being harassed, threatened, or abused, a restraining order can provide legal protection. We help clients obtain protective orders to keep them safe from domestic violence, stalking, harassment, and other threatening behavior.

Types of Restraining Orders

Domestic Violence Restraining Orders

Available when you have been abused or threatened by someone you have a close relationship with - a spouse, former spouse, domestic partner, someone you dated, a family member, or someone you live with.

  • Protection - Orders the abuser to stay away from you, your home, workplace, and children's schools
  • No Contact - Prohibits phone calls, texts, emails, and contact through third parties
  • Move Out - Can require the abuser to move out of a shared residence
  • Custody - Can include temporary child custody and visitation orders

Civil Harassment Restraining Orders

For harassment, stalking, or threats from someone you do not have a close relationship with - a neighbor, roommate, acquaintance, or stranger.

Workplace Violence Restraining Orders

Employers can seek these orders to protect employees from violence, stalking, or harassment at work.

Elder or Dependent Adult Abuse Restraining Orders

Protect seniors (65+) and dependent adults from physical abuse, neglect, financial abuse, or abandonment.

Defending Against a Restraining Order

Being served with a restraining order can be frightening and confusing. A restraining order can affect your ability to see your children, stay in your home, keep your job, and own firearms. It can also impact immigration status and professional licenses. You have the right to defend yourself at a hearing.

Consequences of a Restraining Order

Housing

You may be ordered to move out of your own home, even if you own it or are on the lease.

Children

Temporary custody orders may limit or supervise your time with your children.

Firearms

You must surrender all firearms and ammunition and cannot purchase or possess guns while the order is in effect.

Criminal Record

While civil, the order appears on background checks and violating it is a criminal offense.

Defense Strategies

Every case is different, but common defenses include:

  • False Allegations - The claims are not true or are exaggerated
  • Insufficient Evidence - The petitioner cannot prove harassment or abuse occurred
  • Self-Defense - Your actions were in response to aggression from the other party
  • No Qualifying Relationship - The wrong type of restraining order was filed
  • Constitutionally Protected Activity - The alleged conduct is protected speech or activity

The Restraining Order Process

1. Temporary Order

A judge may grant a temporary restraining order (TRO) the same day it is requested, without the other party present. This order is valid until the hearing.

2. Service

The restrained person must be personally served with the TRO and notice of the hearing. The order is not enforceable until served.

3. Court Hearing

A hearing is scheduled within 21-25 days. Both parties can present evidence, call witnesses, and make arguments. Having an attorney is important.

4. Judge's Decision

The judge decides whether to grant a permanent restraining order (typically lasting 3-5 years), modify the terms, or deny the request entirely.

Modifying or Terminating a Restraining Order

Circumstances change. Either party can request to modify or terminate a restraining order by filing a motion with the court. Common reasons include:

  • The protected person wants to modify or end the order
  • Changed circumstances make the order unnecessary
  • Need to adjust custody or visitation terms
  • The order is affecting employment or housing

Frequently Asked Questions

How long does a restraining order last?

A temporary restraining order lasts until the hearing (usually 21-25 days). If granted, a permanent restraining order typically lasts up to 5 years but can be renewed.

What happens if I violate a restraining order?

Violating a restraining order is a criminal offense under Penal Code 273.6. It can result in arrest, jail time, fines, and additional charges. Even minor contact can be a violation.

Can I see my children if there's a restraining order?

It depends on the order. Some orders include children, while others allow for custody and visitation. The court can make temporary custody orders as part of the restraining order process.

Do I need an attorney for a restraining order hearing?

While not required, having an attorney significantly improves your chances of a favorable outcome. The stakes are high - restraining orders affect housing, custody, employment, and more.