Introduction: A Guide to Restraining Orders in Southern California (Los Angeles, Orange, Riverside, San Bernardino, San Diego)
If you were just served with a restraining order—or fear one is coming—your next moves determine the outcome.For professionals across Southern California, a restraining order can jeopardize your career, licensure, firearm rights, immigration plans, and reputation. Power Trial Lawyers defends high-stakes restraining-order cases every day, with a special focus on firearms-related issues (GVROs and firearm prohibitions) and the criminal exposure that can follow.
This pillar guide explains (in plain English) how restraining orders work in California, what penalties and collateral risks you face, proven defenses we use to win or narrow these cases, and county-specific step-by-steps for Orange County, Los Angeles County, and San Bernardino County.
What is a California Restraining Order?
California offers several civil restraining order tracks, each with its own rules, burdens, forms, and courtrooms:
Domestic Violence Restraining Order (DVRO) — used when parties are/were in a qualifying intimate or close family relationship. A DVRO can include no-contact, stay-away, move-out, custody/support, and gun prohibitions. After the hearing, a DVRO can last up to five years (and be renewed).
Civil Harassment Restraining Order (CHRO) — used for neighbors, roommates (not romantic/close family), acquaintances, coworkers, or strangers. Same-day decisions on temporary orders are required (or next court day if filed too late), hearings follow within about 21–25 days, and orders after hearing may last up to five years(renewable).
Gun Violence Restraining Orders (GVRO) — remove access to firearms, firearm parts, ammunition, magazines, and even body armor where risk is shown; these orders are heavily enforced and interact with criminal statutes.
Protective orders in criminal cases: Police can obtain Emergency Protective Orders (EPOs); courts can issue Criminal Protective Orders (CPOs) in criminal cases. You can have both a CPO and a civil restraining order at the same time, but conflicts are resolved in favor of the criminal order—the CPO controls.
Why this matters for professionals and licensed individuals
Even before a final hearing, temporary orders can:
Force you out of your home or workplace.
Restrict parenting time and communications.
Trigger immediate firearm relinquishment, impacting concealed carry, hunting, security work, or any role requiring firearms.
Create criminal risk: violating an order (even by accident) can lead to arrest and prosecution.
Violation risks: In California, violating any term of a valid restraining/protective order is a crime under Penal Code §273.6—prosecuted as a misdemeanor or, in aggravated/repeat cases, as a felony. Separately, Penal Code §29825 makes it a crime to possess, purchase, or receive firearms when you’re subject to a qualifying order (including DVROs, CHROs, elder-abuse orders, and WVROs).
The Power Trial Lawyers approach (built for speed, accuracy, and results)
1) Emergency intake & damage control (first 24–72 hours). We map all active and potential orders (DVRO, CHRO, CPO, GVRO, etc.), then advise on immediate compliance to avoid PC 273.6 exposure and any firearm pitfalls under PC 29825.
2) Facts, forensics, and digital evidence. We build the evidentiary record that courts actually credit: third-party witnesses, time-stamped communications, call logs, GPS/app metadata, smart-home logs, medical/work records, social media context, and evidence of peaceful contact or consent where relevant.
3) Statutory precision. Each order type requires a different showing. For example, CHROs require “harassment” proven by clear and convincing evidence at the hearing; TROs require “reasonable proof” and risk of great or irreparable harm, with same-day TRO decisions mandated. We use those thresholds to frame objections and narrow relief.
4) Strategic continuances & service issues. In CHROs, you are entitled to one continuance as a matter of course; service rules require personal service at least five days before the hearing unless the court shortens time—defects here are often outcome-determinative.
5) Firearms and GVRO defense. We audit every firearms allegation for accuracy, serial numbers, lawful possession, storage, timing, carve-outs (dealer storage), and evidence that less-restrictive alternatives suffice—key for contesting GVROs and preventing PC 29825 exposure.
6) Negotiation options. Where appropriate, we pursue stipulated civil behavior orders (narrowly tailored, time-limited), mutual stay-aways, or “no-harassment” agreements that do not include firearms prohibitions or admissions of abuse.
7) Trial-ready advocacy. We prepare to examine credibility (inconsistencies, motive to fabricate, texts/social posts out of context), present corroboration, and insist on specific findings tailored to evidence—not boilerplate.
Potential penalties & collateral consequences (and how we mitigate them)
Criminal charges for violation (PC 273.6), with the risk of jail time, fines, counseling conditions, and long-term record consequences.
Firearm bans and criminal liability (PC 29825) if you possess or purchase firearms while under a prohibiting order; GVROs also mandate relinquishment of firearms, ammunition, magazines, and body armor.
Licensing and employment issues (healthcare, finance, real estate, law, security, public-safety roles) stemming from findings of “abuse,” “harassment,” or “credible threats.”
Family law ripple effects (custody/visitation, spousal/child support orders under DVPA).
Our defense plans are built to reduce scope (distance, locations, communications allowed), remove firearms findings where unsupported, and prevent criminal cross-exposure by ensuring strict, smart compliance while we litigate.
Defense strategies that win in restraining-order court
Challenge the relationship category (DVRO vs. CHRO). If the relationship doesn’t meet DVPA criteria, the case belongs in civil harassment court—where different standards and remedies apply.
Prove no “harassment” or no “abuse.” We attack the elements with contemporaneous texts, benign context, and third-party testimony. For CHROs, insist on the clear and convincing standard at hearing.
Service defects & due process. Late or improper service, missing attachments, or unreadable exhibits are grounds for continuance or denial. Statutes require personal service within specific timelines (often 5 days minimum for CHRO hearings).
Narrowing relief. Even when some protection is warranted, we argue for tailored no-contact limits instead of broad stay-away zones, or for “peaceful contact for child exchanges” rather than blanket prohibitions.
Firearms carve-outs & storage. When appropriate, we advocate for lawful dealer storage or immediate relinquishment receipts while disputing the need for ongoing firearms bans under DVPA/CHRO (and countering any GVRO bid with less-restrictive alternatives).
CPO precedence awareness. If there’s a concurrent criminal case, we ensure the civil order doesn’t conflict with the CPO (the criminal order controls), preventing accidental violations
County-by-County: Step-by-Step Guides
Below are practical how-to roadmaps tailored to Orange County, Los Angeles County, and San Bernardino County—the three most common venues our clients face. (We handle Riverside and San Diego matters daily, too; see notes under “Other Southern California Courts.”)
Orange County: How a Restraining Order Case Moves
Where to file (by order type):
DVROs file at Lamoreaux Justice Center (Family Law); on-site Domestic Violence Assistance Center (Room C-705) can help with forms. In-person or electronic filing available. Daily filing cut-off applies for same-day consideration.
CHRO, Workplace Violence, Post-Secondary School Violence, Transitional Housing Misconduct, GVROs file at Central Justice Center (Civil). Ex parte CHROs are heard Mon–Fri 8:00 a.m.–4:00 p.m.; final check-in 3:30 p.m. for same-day rulings.
Elder/Dependent Adult Abuse orders file at Costa Mesa Justice Complex (Probate).
Orange County 10-Step Plan (Respondents & Petitioners):
Identify the correct track: DVRO vs. CHRO vs. Elder vs. GVRO vs. WVRO. (Use the county’s Self-Help hub to confirm.)
If served, read every page: Look for temporary orders (TRO), hearing date, and any firearm directives.
Firearms compliance immediately: If any order restricts guns, follow surrender/storage rules right away; keep receipts. GVROs also restrict ammunition, magazines, and body armor.
Calendar local cut-offs: DVRO filings must reach Lamoreaux by 2:00 p.m. for same-day processing; CHRO ex parte cut-offs at Central revolve around 3:30 p.m. for same-day rulings.
Choose filing method: In-person or electronic filing (DV at Lamoreaux; CHRO/GVRO at Central).
For CHROs: Know key timelines: TRO decision same day; hearing set within 21–25 days; personal service ≥5 days before hearing; respondent gets one continuance as of course.
Self-Help & advocacy: Use the Domestic Violence Assistance Center and county Self-Help Centers for procedural questions (not legal advice).
Hearing logistics: Bring 3 sets of exhibits (court, opposing party, you). Be ready to testify clearly and concisely.
After the hearing: If any order issues, review precise terms. Remember: a Criminal Protective Order supersedes conflicting civil terms.
Los Angeles County: File-at-Home + Courthouse Strategy
LA offers robust “File At Home” guided interviews to request a DVRO, CHRO, or Elder Abuse order (and to respond to a DVRO)—a major advantage for busy professionals. Use e-filing/guided interviews first, then plan for service and your hearing.
Los Angeles 10-Step Plan:
Start with LA’s File At Home portal: Pick DVRO / CHRO / Elder Abuse and complete the guided interview. Save a PDF of your answers/forms.
Confirm venue: DVROs run through Family Law; CHRO/Elder/GVRO/WVRO typically file through Civil. See LA Superior Court Self-Help/Resource Center for local pointers and forms.
Check for a Criminal Protective Order: If there’s a criminal case, the CPO controls conflicting terms.
File electronically via File At Home (or prepare for in-person filing if directed). Keep conformed copies.
Service of process: Use a non-party 18+ or the Sheriff; file Proof of Service before the hearing.
CHRO timing & rights: TRO decision same day (or next court day if late); hearing in ~21–25 days; respondents have a right to one continuance; personal service rules apply. (General statewide rules under CCP 527.6.)
Prepare for DVRO considerations: Custody/support requests add complexity—LA Family Law Facilitators and community Self-Help (LAFLA/NLSLA) provide procedural help if needed.
Firearms: Comply immediately with any prohibition; maintain receipts; avoid PC 29825 exposure.
On hearing day: Bring organized exhibits and be concise. Consider stipulations that preserve employment/licensure and limit public-facing findings.
Post-hearing: If orders issued, ensure entries are correct; discuss appeal/renewal/termination strategies depending on findings and timing.
San Bernardino County: Remote Access, No Fees for DV/GVRO
San Bernardino’s system supports online DVRO form prep with an option to send forms to the courthouse over the internet—plus Zoom appearances in certain courthouses. Importantly, the court confirms no filing fees or remote appearance fees for DV and GVRO matters.
San Bernardino 12-Step Plan:
Confirm order type (DVRO, CHRO, Elder, WVRO, GVRO) via the county’s restraining order page.
DVRO online prep: Use the free online program to complete your DVRO request or response (creates forms and allows submission to the courthouse over the internet).
Check fees: There are no filing or remote appearance fees for DV and GVRO cases in this county.
Submit forms: Send electronically or file in person (follow courthouse instructions). Keep copies.
Zoom logistics: Some departments allow or require Zoom; arrive early (online), use published links/meeting IDs, and follow check-in rules.
CHRO rules: Same-day TRO decisions; hearing within ~21–25 days; service ≥5 days before; one continuance as of right (527.6).
Service: Sheriff or non-party adult; file Proof of Service prior to or at the hearing.
Firearms: Immediate compliance; keep surrender paperwork; avoid PC 29825 risks.
Evidence file: Preserve texts/emails, doorbell footage, work logs, and witness statements.
Hearing: Prepare a brief outline; present exhibits in order; request tailored relief or outright denial if elements aren’t met.
Post-hearing: Review precise terms; clarify Zoom-recording rules; plan for modification/termination if warranted.
If a criminal case exists: Verify any CPO—its terms take precedence.
Other Southern California Courts (quick notes)
San Diego County accepts e-filing for DVRO requests and runs extensive DV and CH clinics (SDVLP/LASSD). CH/Elder/GVRO/WVRO filings route through Civil Business Offices with a 3:00 p.m. same-day cutoff for CHRO TROs.
Riverside County provides a consolidated Self-Help “Restraining Orders” portal covering DV/CH/Elder/GVRO/WVRO processes (site availability varies).
DVROs can last up to 5 years after hearing (and be renewed). Temporary DV orders issue quickly, often same day or next business day.
CHROs after hearing can last up to 5 years; TROs are decided the same day (or next court day if filed too late). Hearing in ~21–25 days.
What if I also have a Criminal Protective Order (CPO)? CPOs supersede conflicting family/civil orders. Always tell the criminal court and the civil/family judge about the other order to avoid accidental violations.
Do restraining orders affect firearms? Yes. DVROs/CHROs commonly prohibit guns. GVROs specifically bar firearms, ammunition, magazines, and body armor. Possession/purchase in violation of a prohibiting order can be charged under PC 29825.
Is there a filing fee?
DVROs: No filing fee statewide.
CHROs: Fees may apply unless the petition alleges violence, threats, or stalking—then no fee under CCP 527.6; some counties note fees for CHROs absent qualifying allegations.
I was just served—what do I do?
Comply immediately (no contact, stay-away, firearm relinquishment).
Calendar your hearing date.
Gather evidence and witnesses.
In CHROs, you have a right to one continuance and must be personally served ≥5 days before the hearing. Defects here are defenses.
Consult with a Southern California Restraining Order Lawyer
Restraining-order cases move fast—and the stakes are high. Whether you need a Restraining Order lawyer in Los Angeles, a Domestic Violence Restraining Order attorney in Orange County, or counsel anywhere in Southern California, Power Trial Lawyers is ready to step in now.
Call (888) 808-2179 for a confidential consultation. You can also submit a confidential contact submission for a returned confidential consultation.
Matthew is the most knowledgeable lawyer. I have worked with teams of lawyers and none of them were as knowledgeable and prompt as Matthew. I trust all of my company’s legal affairs with Matthew. He makes me rest easy knowing he is on it.
Michael
Matthew is the epitome of hard work and dedication, when it comes to his work. Matthew has helped me with all my contractual work needed to help me launch my start up. Matthew is honest, diligent and relentless.
Carol
Matthew was very responsive and caring for my case. He handled my case with efficiency and made sure to secure exactly what we wanted. He has represented my company previously and when we needed a lawyer, it was no question – we phoned Matthew!