A sheriff may show up at your door with legal papers, or you might be in court and hear for the first time that someone has filed a restraining order against you. Either way, the shock is real. In California, restraining orders carry immediate consequences: you may be ordered to stay away from your home, lose firearm rights, or even ace criminal charges if you send even a single text message to the protected party. If you are wondering how to fight a restraining order in California, this article walks you through the steps.
What Is a Restraining Order in California?
A restraining order is a court order meant to protect someone who claims they are experiencing harassment, abuse, threats, or violence. California recognizes several types of restraining orders, including:
- Domestic violence restraining orders for current or former partners or close family members;
- Civil harassment restraining orders for non-intimate relationships, such as roommates, neighbors, or acquaintances;
- Workplace violence restraining orders filed by employers to protect employees; and
- Elder or dependent adult abuse restraining orders.
Each order type has different filing requirements and offers varying levels of protection to the individuals involved. Temporary orders can be issued swiftly, sometimes without prior notice to the accused individual, so fighting a restraining order in California requires fast, strategic action.
What Happens After the Filing of a Restraining Order?
After a person files for a restraining order, the court may issue a temporary restraining order (TRO). This short-term order lasts until the full court hearing, usually within 21 days. You will be served with documents that explain the allegations and informs you of the hearing date.
At that hearing, both sides can present evidence and testimony. If the judge finds that the petitioner has met the legal burden of proof, the court can issue a permanent restraining order, which may last up to five years.
What Are the Penalties for Violating a Restraining Order?
Violating a restraining order is a criminal offense in California. Even if you believe the order is unfair or based on false claims, breaking the terms can lead to serious consequences, including:
- Up to one year in jail for misdemeanor violations;
- Up to three years in prison for felony-level violations or repeat offenses;
- Fines of up to $10,000; and
- Mandatory probation, counseling, or restraining order renewal.
The specific penalty depends on the case facts, your criminal history, and the type of conduct involved.
How to Fight a Restraining Order in California
If you were served with a restraining order, here is how to build your response:
Step 1. Read the Order Carefully
The first step is carefully reviewing the order to understand both the restrictions it places on you and the details of your upcoming hearing. Look for:
- Hearing date and location;
- Whether it is a domestic violence or civil harassment order;
- Any temporary orders already in place (e.g., no contact, move-out, stay-away zones); and
- The petitioner’s claims and supporting documentation.
Reviewing every section helps you avoid unintentional violations and prepares you to respond clearly.
Step 2. Gather Evidence That Supports Your Side
Evidence matters. Before the court hearing, collect all information that could refute the claims or show your side of the story. Some helpful evidence might include:
- Texts, emails, or DMs—that contradict the allegations;
- Witness statements—from people who saw part or all of what allegedly occurred;
- Photos, GPS data, or timestamps—showing where you were; and
- Police reports—supporting your account or showing no wrongdoing.
The court will be looking for credible, documented information–not just opinions or accusations.
Step 3. Work with a Defense Attorney
These hearings happen quickly, and judges have limited time. A criminal defense attorney can:
- Help craft your narrative,
- Challenge the petitioner’s evidence,
- File declarations from you and your witnesses to present your side clearly, and
- Cross-examine the petitioner in court.
Legal representation can significantly affect whether the order is denied, granted, or limited in scope.
How Hard Is It to Fight a Restraining Order?
Fighting a restraining order is not always straightforward. The petitioner must present clear evidence to prove their case. But if you do not respond or appear in court, the judge may issue the order by default. Several factors influence the difficulty of challenging a restraining order, including:
- The quality of evidence from both parties;
- The credibility of the petitioner and respondent;
- Any history of police involvement or prior legal issues; and
- Whether children, weapons, or injuries are part of the situation.
Courts want to protect people but also often recognize that false or exaggerated claims happen, especially during breakups, custody disputes, or neighbor conflicts. Showing up and speaking up is essential.
Potential Outcomes of Fighting a Restraining Order
Fighting a restraining order does not mean you are disputing emotions. But you are defending your rights and reputation. You may be able to:
- Get the request denied entirely,
- Limit the scope of the order (e.g., no-contact but not a move-out),
- Shorten the length of the order, or
- Avoid having the order placed in CLETS (California’s law enforcement database).
Do not assume there is nothing you can do. You can challenge the order and defend your reputation with adequate preparation.
Facing a Restraining Order? We are Ready to Help
At The Law Offices of Kerry L. Armstrong, APLC, we defend clients accused of serious allegations, including those facing domestic violence-related restraining orders. With over 100 jury trials completed and a track record of recognition, such as Best Lawyers® 2024, our team knows how to present persuasive defenses in high-stakes cases. We treat every client respectfully and fight to protect your rights, freedom, and future in San Diego County and beyond.
If you are facing a restraining order in California, this may be one of the most stressful moments of your life. But you do not have to face it alone. We will help you challenge the order and protect the life you’ve worked hard to build. Contact our office today to schedule a confidential consultation.
FAQs
Can You Fight a Restraining Order Without a Lawyer?
Yes, but it is not ideal. These hearings move quickly, and judges expect organized arguments and evidence. A lawyer can help you prepare, speak on your behalf, and challenge any weak or exaggerated claims.
Will the Restraining Order Show Up on Background Checks?
Yes, if it is granted. Restraining orders may appear in law enforcement databases or civil court records, which employers or landlords can access.
Can I Contact the Person Who Filed the Order to Apologize?
No. Even if you think it will help, contacting the petitioner violates the terms of a TRO. Let your attorney communicate if necessary.
Resources:
- California Courts, Guide to Protective Orders, link.
- Orange County Superior Court, Restraining Order Process, link.
- Cal. Code Civ. Proc. § 527.6, link.
- Superior Court of California, San Diego County, Civil Harassment Restraining Orders, link.
Kerry L. Armstrong
Rate this Post
Loading...