Being served with a restraining order can turn life upside down overnight. You may be ordered to leave your home, stop contacting your partner, stay away from your children’s school, and surrender firearms, all before you’ve had a chance to tell your side of the story. Understanding how domestic violence restraining orders work in California helps you respond appropriately and protect your rights during a stressful time.
Types of Protective Orders in California
Emergency Protective Orders
Police can request an emergency protective order from a judge, often in the middle of the night after a domestic incident. These orders take effect immediately and typically last up to seven days, giving the protected person time to request a longer order.
Temporary Restraining Orders
A person can ask the family court for a temporary restraining order by filing a request that describes alleged abuse. Judges often decide these requests the same day based only on the written application. If granted, the temporary order remains in effect until a full court hearing, usually within a few weeks.
Domestic Violence Restraining Orders After Hearing
At the hearing, both sides can present evidence and testimony. If the judge grants the order, it can last up to five years and may be renewed.
Criminal Protective Orders
If criminal charges are filed, the criminal court may issue its own protective order, separate from any family court order. Both must be followed.
What a Restraining Order Can Require
Depending on the case, an order may:
- Prohibit contact, including calls, texts, emails, and social media
- Require staying a specific distance from the protected person, their home, work, or vehicle
- Order the restrained person to move out of a shared home
- Set temporary child custody and visitation arrangements
- Require surrender of firearms and ammunition
- Address use of property, such as vehicles or pets
- Require payment of certain bills or support
How the Legal Standard Works
Family court restraining orders are civil matters. The person requesting the order must show abuse by a preponderance of the evidence, a lower standard than in criminal court. California defines abuse broadly, and it can include not only physical harm but also threats, harassment, stalking, and conduct that disturbs the peace of the other person, such as coercive control.
Consequences of a Restraining Order
- Firearms: restrained persons generally cannot own or possess guns while the order is in effect
- Child custody: a finding of domestic violence can create a legal presumption against awarding custody to the restrained parent
- Housing: being ordered to leave the home can create immediate financial strain
- Employment: orders can appear in background checks and affect certain jobs
- Immigration: violations of certain protective orders can carry immigration consequences
How to Respond if You’re Served
Follow the Order Immediately
Even if you believe the allegations are false, violating a restraining order is a crime. Don’t contact the protected person, even to apologize or discuss the order.
Read the Paperwork Carefully
Note the hearing date, the specific restrictions, and any deadlines for filing a response.
File a Response
You can submit a written response explaining your side and supporting evidence before the hearing.
Gather Evidence
- Text messages and emails that provide context
- Witness statements
- Photos, videos, or records that contradict the allegations
- Evidence of any history of false claims
Be Careful With Statements
Testimony in a restraining order hearing can be used in a related criminal case. If criminal charges are possible, coordinate your approach before speaking in court.
Can a Restraining Order Be Changed or Ended?
Either party can ask the court to modify or terminate an order if circumstances change. The protected person can’t simply agree to ignore it; only a judge can change the terms.
Getting Help
Facing a restraining order after a family dispute can affect your home, your children, and your freedom. A domestic violence lawyer San Francisco families rely on can prepare your response, present evidence at the hearing, and coordinate strategy if a criminal case is also underway.
Before Your Hearing
- Write a timeline of relevant events
- Organize communications and evidence
- Identify witnesses willing to testify
- Follow every term of the temporary order