Justia Badge
LACBA Badge
Avvo Clients Choice Award 2018
The State Bar of California
Best Lawyers
Lawyers of Distinction
Super Lawyers - Matthew Barhoma 2022
Super Lawyers - Matthew Barhoma Rising Stars
Court TV
Forbes
Fox News
KTLA 5
Law & Crime Trial Network
People
Top 40
Yahoo News
Los Angeles Times

How to Fight a Restraining Order in California: Your Complete Defense Guide

Introduction: The Moment Everything Changes

Being served with a restraining order can feel like your world has collapsed in an instant. One moment you’re living your normal life in Los Angeles, Orange County, San Diego, or anywhere else in Southern California, and the next moment, a process server hands you legal documents that could restrict where you can go, who you can see, and fundamentally alter your future. You may be facing false allegations, exaggerated claims, or a situation that has spiraled beyond recognition.

The good news is this: you have the right to fight a restraining order in California, and with the proper legal strategy, you can protect your rights, your reputation, and your future.

This comprehensive guide will walk you through exactly how to fight a restraining order in California, from the moment you’re served through the final court hearing. Whether you’re facing a domestic violence restraining order (DVRO), civil harassment restraining order, gun violence restraining order (GVRO), or any other type of protective order in Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, or Ventura County, this article provides the authoritative information you need to mount an effective defense.

If you need immediate legal assistance, call Power Trial Lawyers at 888-808-2179 for a free consultation. Our experienced restraining order defense attorneys serve clients throughout Southern California and are available 24/7 to protect your rights.

Understanding Restraining Orders in California: What You’re Up Against

Before you can effectively fight a restraining order, you need to understand exactly what you’re facing. California law recognizes several types of restraining orders, each with different requirements, procedures, and consequences.

Types of Restraining Orders in California

1. Domestic Violence Restraining Orders (DVRO)

Domestic violence restraining orders are the most common type of protective order in California. These orders can be filed by current or former intimate partners, spouses, people you’re dating or used to date, people you live with or used to live with, close family members, or anyone with whom you share a child.

A DVRO can order you to:

  • Stay away from the protected person (typically 100 yards)
  • Move out of your shared home
  • Stop all contact (including calls, texts, emails, and social media)
  • Stay away from the protected person’s workplace, children’s schools, and other locations
  • Surrender all firearms and ammunition
  • Pay spousal or child support
  • Attend anger management or domestic violence classes
  • Follow temporary child custody and visitation orders

DVROs are filed in Los Angeles Superior Court, Orange County Superior Court, San Diego Superior Court, Riverside Superior Court, San Bernardino Superior Court, or your local county’s Superior Court.

2. Civil Harassment Restraining Orders

Civil harassment restraining orders apply when the person seeking protection does not have a close relationship with you. These orders are commonly used in neighbor disputes, roommate conflicts, workplace harassment situations, or stalking allegations involving strangers or acquaintances.

Unlike DVROs, civil harassment restraining orders cannot order you to move out of your home or deal with child custody issues. However, they can still require you to stay away from the protected person and avoid all contact.

3. Gun Violence Restraining Orders (GVRO)

Gun violence restraining orders, sometimes called “red flag laws,” allow law enforcement officers, immediate family members, employers, coworkers, and teachers to petition the court to temporarily remove firearms from someone they believe poses a danger to themselves or others.

GVROs focus exclusively on firearm restrictions and can be particularly challenging to fight because they often involve emergency orders issued without your presence in court.

4. Workplace Violence Restraining Orders

Workplace violence restraining orders can only be filed by employers on behalf of employees who have suffered violence, threats, stalking, or harassment in the workplace. Recent California legislation (SB 428) expanded these orders to include harassment, making them easier to obtain.

5. Elder or Dependent Adult Abuse Restraining Orders

These restraining orders protect individuals aged 65 or older, or dependent adults aged 18-64 with certain disabilities, from abuse, neglect, or financial exploitation.

The California Restraining Order Process: Timeline and Stages

Understanding how restraining orders work in California is critical to fighting them effectively. Here’s the typical process:

Stage 1: The Petition (Day 1)

The petitioner (the person seeking protection) files paperwork with the court alleging abuse, harassment, threats, or other qualifying conduct. In Los Angeles County alone, thousands of restraining order petitions are filed each year at courthouses including the Downtown Los Angeles Courthouse (Stanley Mosk Courthouse), Van Nuys Courthouse, Pasadena Courthouse, Long Beach Courthouse, and many others.

Stage 2: Temporary Restraining Order – TRO (Days 1-2)

A judge reviews the petition, often on the same day or the next business day. This review happens ex parte, meaning without you present or even knowing about it. If the judge believes there is enough evidence of immediate danger, they will issue a temporary restraining order (TRO).

The TRO typically lasts 15-25 days until the hearing for a permanent restraining order. During this time, you must follow all restrictions in the TRO or face criminal charges for violation under California Penal Code Section 273.6.

Stage 3: Service of Process (Days 3-10)

You must be personally served with copies of the restraining order petition, the temporary restraining order (if granted), and notice of the hearing date. Proper service is a legal requirement—you cannot be held to an order you never received.

Stage 4: Permanent Restraining Order Hearing (Days 15-25)

This is your opportunity to fight the restraining order. At the hearing, both you and the petitioner can present evidence, call witnesses, and testify. The judge will decide whether to:

  • Grant a permanent restraining order (typically lasting 3-5 years)
  • Deny the restraining order entirely
  • Modify the order’s terms

This hearing is your one chance to defend yourself. If you don’t show up, the judge will almost certainly grant the permanent restraining order by default.

The Devastating Consequences of a Restraining Order: Why You Must Fight

Many people make the critical mistake of thinking, “It’s just a piece of paper—I’ll stay away from them anyway, so what’s the big deal?” This thinking is dangerous and wrong. A restraining order can devastate your life in ways you might not anticipate.

Criminal Record and Law Enforcement Database

While restraining orders are issued in civil court, they are entered into the California Law Enforcement Telecommunications System (CLETS), a statewide database accessible to all law enforcement officers. Any time you interact with police—even for a traffic stop—they will see the restraining order on their computer.

Many people ask: “Will a restraining order show up on a background check?” The answer is yes. Restraining orders appear on:

  • Criminal background checks for employment
  • Housing applications and landlord screenings
  • Professional license applications
  • Immigration proceedings
  • Child custody evaluations
  • Gun purchase background checks

Employment Consequences

A restraining order can cost you your job or prevent you from getting hired. Many employers conduct background checks, and a restraining order—especially one involving violence allegations—raises immediate red flags.

If you work in education, healthcare, law enforcement, security, or any field requiring professional licenses or security clearances, a restraining order can be career-ending. In Los Angeles, Orange County, San Diego, and throughout Southern California’s competitive job market, a restraining order on your record puts you at a severe disadvantage.

Firearm Rights

One of the most immediate consequences of a restraining order in California is the loss of your Second Amendment rights. Under California law, if a restraining order is issued against you, you must:

  • Surrender all firearms, ammunition, and magazines within 24 hours
  • Not purchase, own, or possess any firearms while the order is in effect
  • Sell your firearms to a licensed dealer or turn them over to law enforcement

For many Californians, particularly those who own firearms for personal protection, hunting, or sport shooting, this represents a fundamental loss of constitutional rights. Violating firearm restrictions while under a restraining order is a crime under Penal Code 29825 PC and can result in felony charges.

Child Custody and Visitation

If you share children with the person seeking a restraining order, the consequences can be heartbreaking. A DVRO can include temporary emergency orders for child custody that:

  • Give sole custody to the other parent
  • Eliminate or severely restrict your parenting time
  • Require supervised visitation (which you must pay for)
  • Prevent you from picking up or dropping off your children at school

Family law judges in Los Angeles County, Orange County, and throughout California take restraining orders very seriously when making custody decisions. Even if the restraining order is later dismissed, the damage to your parental rights may already be done.

Immigration Status

For non-U.S. citizens living in Los Angeles, Orange County, San Diego, or anywhere in California, a restraining order can trigger immigration consequences including:

  • Denial of green card applications
  • Denial of citizenship applications
  • Visa revocation
  • Deportation proceedings
  • Finding of “bad moral character”

Immigration judges and USCIS officers view restraining orders—particularly domestic violence restraining orders—as evidence of violence or abuse, which can make someone inadmissible or deportable under federal immigration law.

Housing and Living Situation

If you share a home with the person seeking a restraining order, you may be ordered to move out immediately—sometimes with only a few hours’ notice. In Southern California’s expensive housing market, particularly in Los Angeles, Orange County, and San Diego, finding new housing on short notice can be financially devastating and sometimes impossible.

Even if you don’t share a home with the petitioner, having a restraining order on your record can make it difficult to rent an apartment or house, as many landlords conduct background checks.

Professional Licenses

Attorneys, doctors, nurses, therapists, teachers, real estate agents, contractors, and many other professionals must report restraining orders to their licensing boards. A restraining order can trigger:

  • License suspension or revocation
  • Professional discipline proceedings
  • Mandatory reporting to clients or employers
  • Inability to renew professional licenses

Social and Reputational Harm

Beyond the legal consequences, restraining orders carry enormous social stigma. Friends, family, coworkers, and your community may learn about the restraining order and assume you’re dangerous, abusive, or violent—regardless of the truth. In the age of social media and internet searches, a restraining order can follow you for years, damaging your reputation even after it expires.

These consequences are why you cannot afford to take a restraining order lightly. You must fight back with every legal tool available. Call Power Trial Lawyers at 888-808-2179 to speak with an experienced restraining order defense attorney who will fight to protect your rights, your reputation, and your future.

How to Fight a Restraining Order: Step-by-Step Defense Strategy

Now that you understand what you’re facing, let’s discuss exactly how to fight a restraining order in California. This section provides a comprehensive, step-by-step strategy used by successful restraining order defense attorneys throughout Los Angeles, Orange County, San Diego, Riverside, San Bernardino, and Ventura Counties.

Step 1: Read Every Word of the Restraining Order Documents

The moment you are served with restraining order papers, sit down in a quiet place and read every single word carefully. Your packet will typically include:

  • Request for Restraining Order (the petition)
  • Temporary Restraining Order (if granted by the judge)
  • Notice of Hearing with the date, time, and location
  • Response forms for you to file
  • Proof of Service documentation

Pay close attention to:

  • What specific allegations are being made against you
  • What restrictions have been ordered (stay-away distance, no-contact provisions, move-out orders, etc.)
  • When and where your hearing is scheduled
  • What courthouse you need to appear at
  • The deadline for filing your response

In Los Angeles County, you might have a hearing at the Downtown Los Angeles Courthouse, Van Nuys Courthouse, Pasadena Courthouse, Long Beach Courthouse, Torrance Courthouse, or one of many other locations. In Orange County, hearings are typically held at the Central Justice Center in Santa Ana, Lamoreaux Justice Center in Orange, Harbor Justice Center in Newport Beach, North Justice Center in Fullerton, or West Justice Center in Westminster. Know exactly where you need to be.

Critical Warning: From the moment you receive the restraining order, you MUST follow all terms exactly. Even if you believe the allegations are completely false, violating the restraining order—even accidentally—can result in immediate arrest and criminal charges under Penal Code 273.6 PC. A violation can also destroy your ability to fight the order effectively.

Step 2: Hire an Experienced Restraining Order Defense Attorney Immediately

This is the single most important decision you will make in your restraining order case. While you technically have the right to represent yourself, doing so is almost always a serious mistake.

Here’s why you need an attorney to fight a restraining order:

1. Restraining Order Law is Complex

California’s restraining order statutes span multiple codes (Family Code, Code of Civil Procedure, Penal Code) with complex procedural requirements, evidentiary rules, and legal standards. An experienced attorney knows how restraining orders work in your specific courthouse, before your specific judges, in your specific county.

2. The Stakes Are Too High

As discussed above, the consequences of a restraining order can devastate your life. This is not the time to try to save money by representing yourself. A single mistake in how you present your case can result in a multi-year restraining order that follows you forever.

3. Judges Expect Proper Legal Procedure

Restraining order hearings follow specific rules of evidence and procedure. If you don’t know how to properly admit evidence, examine witnesses, make objections, or present legal arguments, the judge will hold it against you. Judges in Los Angeles Superior Court, Orange County Superior Court, and throughout California have little patience for self-represented parties who don’t follow courtroom protocol.

4. Your Emotions Will Work Against You

Restraining order cases are intensely personal and emotional. You may be angry, hurt, confused, or frightened. These emotions can cause you to say or do things in court that damage your case. An experienced attorney provides an emotional buffer and ensures you present your case professionally and persuasively.

5. False Allegations Require Sophisticated Defense Strategies

If you’re facing false allegations—and many restraining orders are based on exaggerated or fabricated claims—you need an attorney who knows how to systematically dismantle the petitioner’s credibility, expose inconsistencies in their story, and present compelling counter-evidence.

Power Trial Lawyers has successfully defended clients against restraining orders throughout Southern California, including Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, and Ventura County. Our attorneys have appeared in every major courthouse in Southern California and have extensive experience fighting domestic violence restraining orders, civil harassment restraining orders, gun violence restraining orders, and all other types of protective orders. Call 888-808-2179 for a free consultation.

Step 3: File Your Written Response (Optional But Recommended)

In California, you are not required to file a written response to a restraining order petition. However, filing a response is almost always strategically beneficial because it:

  • Shows the judge you are taking the matter seriously
  • Allows you to deny the allegations in writing before the hearing
  • Permits you to tell your side of the story
  • May help you win the case if the petitioner doesn’t show up to the hearing

Your written response should:

  • Deny any false allegations specifically and clearly
  • Admit any true allegations (lying to the court will destroy your credibility)
  • Explain your version of events
  • Request that the restraining order be denied

Important: If you have any pending criminal charges, are on probation, or could potentially face criminal charges related to the restraining order allegations, consult with your criminal defense attorney before filing any written response. Anything you put in writing can potentially be used against you in criminal proceedings.

The response must be filed with the court and served on the petitioner before the hearing. Response deadlines vary but are typically at least 5 days before the hearing date.

Step 4: Gather All Evidence to Support Your Defense

Evidence is the key to winning a restraining order hearing. You need to gather every piece of evidence that:

  • Contradicts the petitioner’s allegations
  • Shows the allegations are false or exaggerated
  • Demonstrates you are not a threat to the petitioner
  • Provides an alternative explanation for events

Types of Evidence to Gather:

Text Messages, Emails, and Social Media Messages

Communications between you and the petitioner can be powerful evidence. Look for:

  • Messages showing friendly communication after the alleged incidents
  • Messages where the petitioner asks to see you or invites you somewhere (contradicting claims they’re afraid of you)
  • Messages showing the petitioner making threats or being aggressive toward you
  • Evidence of the petitioner’s motive to lie (anger about relationship ending, custody disputes, financial issues)

Save everything as screenshots or printouts with dates, times, and full context visible.

Witness Statements and Testimony

Identify anyone who:

  • Was present during alleged incidents and can contradict the petitioner’s version
  • Can testify about your good character and non-violent nature
  • Has witnessed the petitioner lie, exaggerate, or act aggressively
  • Can testify about the petitioner’s motivations (jealousy, custody battle, financial gain)

Your witnesses must be credible, have firsthand knowledge, and be willing to appear in court or provide written declarations.

Photos and Videos

Visual evidence can be extremely powerful:

  • Photos showing no injuries when the petitioner claims you hurt them
  • Photos of your whereabouts proving you couldn’t have been where the petitioner claims (alibi evidence)
  • Videos contradicting the petitioner’s narrative
  • Surveillance footage from stores, buildings, or doorbell cameras

Phone Records and GPS Data

Cell phone records can prove:

  • You were in a different location when the alleged incident occurred
  • The frequency and nature of communications between you and the petitioner
  • That the petitioner contacted you (not the other way around)

GPS data from your phone or vehicle can establish alibis and movement patterns.

Medical Records

If the petitioner claims injuries:

  • Absence of medical records can cast doubt on injury claims
  • Medical records showing injuries inconsistent with the allegations
  • Your own medical records showing injuries the petitioner caused you

Police Reports

Review any police reports related to the case. Often police reports will:

  • Contain inconsistencies with the restraining order petition
  • Show the petitioner’s story changed over time
  • Include officer observations that contradict allegations
  • Document that police found no evidence of abuse

Financial Records

In cases involving accusations of financial elder abuse or situations where money is a motive, financial records can show:

  • You didn’t take or misuse the alleged victim’s money
  • The petitioner has financial motivations to lie
  • Legitimate transactions that the petitioner mischaracterizes as abuse

Social Media Posts

The petitioner’s social media can reveal:

  • Posts contradicting their claims of fear or trauma
  • Evidence of partying, dating, or happy activities after alleged abuse
  • Posts about you that show lack of fear
  • Evidence of motive (anger, jealousy, revenge)

Your attorney will help you organize and present this evidence in the most persuasive way possible at your restraining order hearing.

Step 5: Identify and Prepare Your Witnesses

Witness testimony can make or break your restraining order defense. In Los Angeles, Orange County, San Diego, and throughout Southern California, judges give significant weight to credible witness testimony.

Who Makes a Good Witness:

  • Eyewitnesses to alleged incidents – Anyone who was present and can contradict the petitioner’s version of events
  • Character witnesses – People who know you well and can testify to your peaceful, non-threatening nature
  • Expert witnesses – In some cases, you might need a domestic violence expert, psychologist, or other professional to testify

How to Prepare Witnesses:

Your attorney will prepare witnesses by:

  • Explaining courtroom procedure and what to expect
  • Reviewing their testimony to ensure it’s accurate, relevant, and admissible
  • Conducting mock examinations
  • Teaching them how to handle cross-examination from the petitioner or their attorney

Witnesses must appear in person at the hearing or provide written declarations (though live testimony is always more powerful).

Step 6: Develop Your Legal Defense Strategy

There are multiple legal strategies to fight a restraining order in California. Your attorney will develop a defense strategy based on the specific facts of your case. Common defense strategies include:

Defense #1: False Allegations

Many restraining orders are based on fabricated or grossly exaggerated allegations. Your defense might show:

  • The alleged incidents never happened
  • The petitioner has a motive to lie (custody dispute, relationship revenge, financial gain, immigration advantage)
  • The petitioner’s story contains contradictions and impossibilities
  • Evidence directly contradicts the allegations

Defense #2: Insufficient Evidence

The petitioner has the burden of proving their case by a “preponderance of the evidence” (more likely true than not). You can argue:

  • The petitioner provided no credible evidence
  • The allegations are vague and conclusory
  • There are no witnesses, medical records, police reports, or other corroboration
  • The petitioner’s own testimony is not credible

Defense #3: Conduct Doesn’t Meet Legal Standards

Not all negative behavior qualifies for a restraining order. You might argue:

  • The alleged conduct doesn’t constitute “abuse” under California law
  • There is no “credible threat” of violence as required for civil harassment orders
  • The conduct doesn’t meet the definition of “harassment” or “stalking”
  • The relationship doesn’t qualify for the type of restraining order sought

Defense #4: Miscommunication or Misunderstanding

Sometimes actions or words are misinterpreted:

  • What the petitioner perceived as a threat was actually an innocent statement
  • Misunderstood context led to false conclusions
  • Cultural or language differences caused miscommunication

Defense #5: Self-Defense or Defense of Others

If any physical contact did occur:

  • You were defending yourself against the petitioner’s aggression
  • You were protecting your children or others from harm
  • You used only reasonable and proportional force

Defense #6: First Amendment Protected Speech

Some restraining order petitions try to restrict constitutionally protected speech:

  • Political speech or protest activity
  • Whistleblowing or reporting illegal conduct
  • Participation in legal proceedings
  • Exercise of parental rights

Step 7: Attend and Testify at Your Restraining Order Hearing

The restraining order hearing is your opportunity to fight back and tell your side of the story. Here’s what to expect and how to succeed:

Before the Hearing:

  • Arrive at least 30 minutes early to the courthouse
  • Dress professionally and conservatively (business attire)
  • Bring all evidence organized and ready to present
  • Bring your witnesses
  • Turn off your cell phone
  • Review your testimony with your attorney one final time

During the Hearing:

Restraining order hearings in California typically last 15 minutes to 2 hours depending on complexity. The general format is:

  1. Petitioner’s Case: The person seeking the restraining order presents their evidence first, including testimony, documents, and witnesses
  2. Cross-Examination: You or your attorney can cross-examine the petitioner and their witnesses to expose lies, inconsistencies, and lack of credibility
  3. Respondent’s Case: You present your defense, including your testimony, evidence, and witnesses
  4. Petitioner’s Cross-Examination: The petitioner can cross-examine you and your witnesses
  5. Closing Arguments: Both sides summarize their case
  6. Judge’s Decision: The judge will either rule immediately or take the matter under submission and issue a written decision

Testifying Effectively:

When you testify at your restraining order hearing:

  • Tell the truth always – lying will destroy your case
  • Answer only the question asked – don’t volunteer extra information
  • Stay calm and respectful even if provoked
  • Address the judge, not the petitioner
  • Admit what you did wrong but explain context
  • Demonstrate you’re not a threat to the petitioner
  • Show remorse if appropriate but maintain your defense

Your attorney will guide you through this process and advocate powerfully on your behalf.

Step 8: Post-Hearing Actions

If You Win (Restraining Order Denied):

If the judge denies the restraining order:

  • Get a certified copy of the order for your records
  • Ensure the order is removed from the CLETS database
  • Consider whether you have grounds to seek a restraining order against the petitioner
  • Document everything in case the petitioner tries again

If You Lose (Restraining Order Granted):

If the judge grants a permanent restraining order:

  • Comply with every term exactly
  • Get a certified copy so you know the exact requirements
  • Consider filing an appeal (must be done within 60 days)
  • Discuss with your attorney whether to seek modification
  • After 3 months, you can request modification or termination if circumstances have changed

Remember: Violating a restraining order is a crime under Penal Code 273.6 PC. Even if the order is unjust, you must follow it or face arrest and criminal prosecution.

Special Considerations for Different Types of Restraining Orders

Fighting Domestic Violence Restraining Orders in Los Angeles and Orange County

Domestic violence restraining orders (DVROs) are the most serious type because they can affect child custody, require you to move out of your home, and result in loss of firearm rights. In Los Angeles County and Orange County, DVROs are heavily litigated because of the high stakes involved.

Unique DVRO Defense Strategies:

  • Challenge the relationship requirement – Sometimes petitioners file DVROs when they don’t meet the relationship requirements (must be current/former intimate partners, cohabitants, close family, or parents of same child)
  • Contest move-out orders – Argue you have greater property rights or nowhere else to go
  • Fight custody orders – Emergency custody orders in DVROs can be challenged by showing you’re not a danger to your children
  • Address “coercive control” allegations – California recently added “coercive control” to domestic violence definitions; these allegations are often subjective and can be defended

Fighting Civil Harassment Restraining Orders

Civil harassment restraining orders are common in neighbor disputes, roommate conflicts, and workplace situations in densely populated areas like Los Angeles, Orange County, and San Diego.

Key Defense Points:

  • No credible threat required – Civil harassment orders require proof of harassment, not just annoying behavior
  • Pattern of conduct needed – One argument or incident typically isn’t enough; there must be a course of conduct
  • Legitimate purpose defense – Sometimes actions have legitimate purposes (landlord-tenant issues, HOA disputes, property rights)

Fighting Gun Violence Restraining Orders (GVROs)

GVROs are unique because they’re often issued based on mental health concerns, suicide risk, or potential violence toward others. These orders are particularly common in Los Angeles, Orange County, and San Diego where gun ownership is high.

GVRO Defense Strategies:

  • Challenge the evidence of danger – GVROs require evidence you pose a significant danger; contest the credibility of evidence
  • Mental health evaluations – Consider obtaining an independent psychological evaluation
  • Explain circumstances – Context often matters (discussing gun collection vs. making threats)
  • Constitutional challenges – GVROs raise Second Amendment issues that can be argued

How Long Does It Take to Fight a Restraining Order?

Temporary Restraining Order (TRO): 15-25 days until hearing

Permanent Restraining Order Hearing: Typically scheduled 15-25 days after TRO is issued; may be continued for various reasons

Total Time to Resolution: Most restraining order cases in Los Angeles, Orange County, San Diego, Riverside, San Bernardino, and Ventura Counties are resolved within 1-3 months from initial filing to final hearing.

However, complex cases involving significant evidence, multiple witnesses, or constitutional issues may take longer.

Power Trial Lawyers offers free consultations and flexible payment arrangements for restraining order defense cases. Call 888-808-2179 to discuss your case and get a clear understanding of costs.

Can You Represent Yourself and Win?

Technically yes, but practically it’s extremely difficult and risky. Here’s why:

Challenges of self-representation:

  • Judges expect proper legal procedure and won’t help you
  • You’ll be emotionally involved and may hurt your case
  • The petitioner may have an attorney putting you at a disadvantage
  • One procedural mistake can cost you the case
  • Evidence rules are complex and technical

When self-representation might work:

  • The petitioner’s allegations are completely baseless with zero evidence
  • You have overwhelming evidence on your side
  • The petitioner doesn’t show up to the hearing
  • The case is very simple with no children, property, or complex issues involved

In most cases, hiring an experienced restraining order defense attorney dramatically increases your chances of success.

What Happens If You Violate a Restraining Order?

Violating a restraining order in California—even accidentally—is a crime under Penal Code Section 273.6 and carries serious penalties:

Misdemeanor Violation (First Offense):

  • Up to 1 year in county jail
  • Fines up to $1,000
  • Mandatory probation
  • Restraining order extended

Felony Violation (With Injury or Multiple Violations):

  • Up to 3 years in state prison
  • Fines up to $10,000
  • Felony criminal record

Additionally, violating a restraining order:

  • Makes it nearly impossible to win your restraining order case
  • Can result in additional criminal charges (stalking, criminal threats, assault)
  • Creates evidence for the petitioner to extend or renew the order
  • Destroys your credibility with the judge

If you’re accused of violating a restraining order in Los Angeles, Orange County, San Diego, or anywhere in Southern California, contact Power Trial Lawyers immediately at 888-808-2179. We handle both restraining order violations and restraining order defense.

Why Choose Power Trial Lawyers to Fight Your Restraining Order

When your freedom, reputation, and future are on the line, you need experienced restraining order defense attorneys who know how to win. Here’s why clients throughout Southern California choose Power Trial Lawyers:

Extensive Restraining Order Defense Experience

Our attorneys have successfully defended clients against all types of restraining orders:

  • Domestic violence restraining orders (DVRO)
  • Civil harassment restraining orders
  • Gun violence restraining orders (GVRO)
  • Workplace violence restraining orders
  • Elder abuse restraining orders

We’ve handled hundreds of restraining order cases in Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, and Ventura County.

Trial-Tested Advocacy

As our name suggests, Power Trial Lawyers are trial attorneys. We’re not afraid to take your case to a contested hearing and fight for you in court. Our attorneys have appeared in courthouses throughout Southern California including:

Los Angeles County: Downtown LA (Stanley Mosk Courthouse), Van Nuys, Pasadena, Long Beach, Torrance, Pomona, Airport Courthouse, Santa Monica, Compton

Orange County: Central Justice Center (Santa Ana), Lamoreaux Justice Center (Orange), Harbor Justice Center (Newport Beach), North Justice Center (Fullerton), West Justice Center (Westminster)

San Diego County: San Diego Downtown Courthouse, North County Regional Center, South Bay, East County

Riverside County: Riverside Historic Courthouse, Indio, Corona, Murrieta

San Bernardino County: San Bernardino Downtown, Rancho Cucamonga, Victorville

Ventura County: Ventura, Simi Valley, Thousand Oaks

Media Recognition and Credibility

Power Trial Lawyers has been featured in major media outlets including Fox News, CNN, Forbes, and the Los Angeles Times. This media presence demonstrates our expertise and can add credibility to your case.

Comprehensive Criminal Defense Background

Many restraining order cases involve related criminal charges or the potential for criminal prosecution. Our attorneys are experienced criminal defense lawyers who understand how restraining orders intersect with criminal law, giving you comprehensive protection.

Personalized Attention and Aggressive Representation

We understand that restraining orders are deeply personal legal matters that can affect every aspect of your life. We provide:

  • Direct attorney access (not just paralegals)
  • 24/7 availability for urgent matters
  • Personalized defense strategies tailored to your specific case
  • Aggressive advocacy to protect your rights
  • Compassionate support during a difficult time

Free Consultation

We offer free, confidential consultations to discuss your restraining order case. During your consultation, we’ll:

  • Review the allegations against you
  • Explain your legal options
  • Develop a preliminary defense strategy
  • Answer all your questions
  • Provide honest assessment of your case
  • Discuss fees and payment options

Don’t wait. The sooner you call, the more time we have to build your defense. Contact Power Trial Lawyers at 888-808-2179 for your free consultation.

Frequently Asked Questions About Fighting Restraining Orders in California

Q: Can I contact the person who filed the restraining order to try to resolve this?

A: Absolutely not. If a temporary restraining order has been issued, contacting the petitioner in any way—even to try to resolve things peacefully—is a crime under Penal Code 273.6. You will be arrested, and your chances of winning your case will be destroyed. All communication must go through attorneys.

Q: What if we both want to drop the restraining order?

A: Even if the petitioner changes their mind and wants to drop the restraining order, only the judge can dismiss it. The petitioner can request dismissal, but judges sometimes refuse, especially in domestic violence cases. You still need to appear at the hearing.

Q: Will having a restraining order affect my immigration status?

A: Yes, restraining orders can significantly affect immigration applications, green card renewals, citizenship applications, and can even lead to deportation in some cases. If you’re not a U.S. citizen, consult with both a restraining order attorney and an immigration attorney.

Q: Can I get the restraining order expunged or removed from my record?

A: Restraining orders are not criminal convictions, so they cannot be “expunged” in the traditional sense. However, once a restraining order expires, you can petition to have it removed from certain databases. If you successfully fight the restraining order and the judge denies it, there will be no permanent order on your record.

Q: What if the person lied about everything?

A: Unfortunately, false allegations in restraining order cases are common. People file restraining orders for improper motives including gaining advantage in custody battles, immigration purposes, revenge after relationship breakups, and financial gain. This is exactly why you need an experienced attorney who knows how to expose false allegations and protect your rights.

Q: How long do restraining orders last in California?

A: Temporary restraining orders last 15-25 days until the hearing. Permanent restraining orders typically last 3-5 years but can be renewed. Gun violence restraining orders often last 1-5 years. Emergency protective orders issued by police last only 5-7 days.

Q: Can I own a gun after a restraining order expires?

A: Yes, once a restraining order fully expires, your right to own firearms is generally restored. However, you may need to petition the court for confirmation and go through proper procedures to purchase firearms again.

Q: What should I do if I accidentally run into the person at the grocery store or in public?

A: Leave immediately. Do not speak to them, do not make eye contact, do not try to explain anything. Just leave. If they claim you violated the order, you’ll have a defense that it was accidental and you left as soon as possible.

Q: Does the restraining order show up on Google or online searches?

A: Civil restraining orders are public records and may appear in online court record databases. Some background check websites aggregate this information. This is another reason why fighting the restraining order is so important.

Conclusion: Take Action Now to Protect Your Future

A restraining order can change your life in devastating ways—but you have the power to fight back and protect your rights, your reputation, and your future. Whether you’re facing a domestic violence restraining order, civil harassment restraining order, gun violence restraining order, or any other type of protective order in Los Angeles, Orange County, San Diego, Riverside, San Bernardino, or Ventura County, you need to act immediately.

Every day matters. Evidence disappears, witnesses’ memories fade, and deadlines approach. The sooner you start building your defense, the better your chances of success.

Don’t face this alone. Power Trial Lawyers has the experience, skill, and dedication to fight your restraining order case and win.

Call Power Trial Lawyers Today: 888-808-2179

✓ Free, confidential consultation
✓ Experienced restraining order defense attorneys
✓ Offices in Los Angeles and Orange County
✓ Serving all of Southern California
✓ Available 24/7 for urgent matters
✓ Flexible payment plans available

We know how to fight a restraining order in California, and we know how to win. Your future is worth fighting for. Call 888-808-2179 now.

About Power Trial Lawyers

Power Trial Lawyers is a premier criminal defense and restraining order defense law firm serving Los Angeles, Orange County, San Diego, Riverside, San Bernardino, and Ventura Counties. Our attorneys have been featured on Fox News, CNN, Forbes, and the Los Angeles Times for our expertise in criminal defense, restraining order defense, and criminal appeals. We handle domestic violence restraining orders, civil harassment restraining orders, gun violence restraining orders, workplace violence restraining orders, and all other types of protective orders throughout Southern California.

Contact us:
Phone: 888-808-2179
Website: www.powertriallawyers.com
Offices in Los Angeles and Orange County

This article is for informational purposes only and does not constitute legal advice. Every case is different. Consult with a qualified restraining order defense attorney about your specific situation.

Client Reviews

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!

Tony

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Appeals and Litigation Attorney
Fill out the contact form or call us at (888) 808-2179 to schedule your free consultation.

Leave Us a Message