You just got served. A stranger walked up and handed you a packet of papers, maybe in front of your home, your job, or—worse—your child. The top page says, “Restraining Order.” Your stomach drops. You wonder what happens next, what it means, and how fast everything in your life might spiral.
If you are frantically Googling “what to do when you get served with a restraining order,” you are already on the right track: seeking clarity and not chaos. The legal system moves quickly in these cases, and staying calm, informed, and proactive can make all the difference. So stay calm, read the order carefully, avoid all contact with the person who filed it, and call a criminal defense attorney immediately. Every step you take next will matter.
At The Law Offices of Kerry L. Armstrong, APLC, we have helped hundreds of people in California who never thought they would find themselves here. A restraining order does not define your future; rather, it marks the point where you choose how the next chapter unfolds. We are ready to stand beside you.
What Happens When Someone Files a Restraining Order Against You?
It is natural to feel panicked, angry, or confused. But before you react, know this: what happens after someone files a restraining order against you can unfold fast, with serious consequences if you are unprepared.
In California, there are several types of restraining orders, including:
- Domestic Violence Restraining Orders (DVROs)—for cases involving romantic partners, exes, co-parents, or close relatives;
- Civil Harassment Restraining Orders—typically filed by neighbors, acquaintances, or non-family members; and
- Emergency Protective Orders (EPOs)—issued by law enforcement (usually at the scene of a domestic violence disturbance) and serve as a prelude to a potentially longer-term order.
No matter the type, you are subject to immediate restrictions once served. These might include:
- No contact of any kind with the petitioner in person, text, phone, or social media;
- Orders to move out of a shared home;
- Restrictions on firearm ownership or purchase; and
- Temporary custody or visitation changes.
If you violate the order, intentionally or unintentionally, you could face arrest, criminal charges, or imprisonment. That is why acting promptly, contacting an attorney, and complying with the law is crucial, even if the allegations seem unfair or unfounded.
How Is a Restraining Order Served, and Why Does It Matter?
In California, a restraining order is enforceable once it is personally delivered to you by a third party, typically a process server, sheriff’s deputy, or even a mutual friend enlisted by the petitioner. Here’s why that moment matters:
- The clock starts ticking. You have a limited window, usually around two weeks, to respond before your court hearing.
- Your behavior is now under a microscope. Anything you say or do could be used in court, even if you think it is innocent.
- Misunderstandings become violations. Accidentally calling or texting someone listed in the order can still result in arrest.
If you are unsure whether you have been legally served, check the paperwork carefully. And if someone hands you documents you do not understand, do not ignore them. Call an attorney immediately. Delays are one of the biggest mistakes people make.
What to Do When You Get Served with a Restraining Order: A Step-by-Step Plan
There is no time to waste. Here is what you do when you get served, from a defense lawyer’s point of view:
- Read everything carefully. The order will list what you can and cannot do, when your court hearing is, and what is at stake.
- Do not contact the petitioner. Even if the claims seem false or exaggerated, any contact through any channel, direct or indirect, can be used against you.
- Obey all restrictions. Move out if ordered and avoid locations you are told to avoid. Turn in any firearms to law-enforcement or to a federal gun dealer if required.
- Document everything. Write down where you were served, who saw it, what the restraining order alleges, and your version of events.
- Call a criminal defense lawyer immediately. You need someone who understands California law and can build a strategy before your hearing.
- Prepare for your hearing. Your attorney will help gather evidence, identify witnesses, and challenge unfounded claims.
Following these directions is not about winning. It is about protecting your family, your job, and your rights. Every day you wait makes a successful resolution harder.
Legal Representation Can Change the Outcome
Many people think a restraining order is a civil matter until they are in handcuffs for violating it. California courts treat these orders extremely seriously, and judges often err on the side of caution. The result? Good people lose access to their kids, homes, and reputations, sometimes based on one-sided or exaggerated claims. That is why we fight back strategically and aggressively.
At The Law Offices of Kerry L. Armstrong, APLC, we have taken over 100 cases to jury trial, as well as over 100 restraining order cases to trial in front of judges. We have stood in courtrooms across California and fought for people just like you, from professionals facing public accusations to parents terrified of losing contact with their children.
Contact Us Today
In moments like these, you need a law firm that can offer more than advice. You need courtroom experience, deep compassion, and proven results. At The Law Offices of Kerry L. Armstrong, APLC, we offer the tools, talent, and tenacity you need to respond swiftly and wisely. Here is what sets us apart:
- Kerry L. Armstrong is one of only a few attorneys in San Diego County certified in criminal law by the State Bar of California’s Board of Legal Specialization;
- Our lawyers have received the Martindale-Hubbell AV-Preeminent Award for professional excellence and a 5-star peer rating;
- We have been named to the California Super Lawyers List numerous times and selected for the Super Lawyers Top 50 in San Diego;
- We have been recognized in Best Lawyers and Best Law Firms 2024 and featured in major national media outlets;
- We have been honored by the National Trial Lawyers Top 40 Under 40; and
- We offer free consultations because you deserve answers before deciding who should represent you.
Do not let a one-sided accusation become your entire story. Reach out now and let us help you reclaim your voice before the court hears only theirs.
Kerry L. Armstrong
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