While restraining orders may seem like very straightforward actions, the technical aspects of them make them difficult to fight without the experience an attorney could provide. First and foremost, you will need to know what type of restraining order to file. There are actually four different types of restraining orders you can file in California (we go over them below). Failure to file the correct restraining order could result in a denial of the order. On top of that, you need to show the judge specific evidence that warrants them granting the restraining order (if you are filing) or provide evidence showing why the restraining order should be invalid (if you’re contesting a restraining order).
There is also a hearing that takes place which will either be a short or long-cause trial. At this bench trial you may need to prepare witnesses, have an understanding of evidentiary codes and the burden of proof for your restraining order type, know how to cross-examine witnesses, know how to prepare your argument (including and opening and closing argument), and understanding how to make objections during the hearing. While you do not need to have an attorney, having one on your side greatly increases your chances of successfully navigating the restraining order process and understanding the procedures.
In the event the case does not go to trial and the parties are willing to mediate, an attorney will be able to present your terms on your behalf, speak with the opposing side and the mediator about your goals, and advise you on whether the mediated terms accomplish a better outcome than going to trial. Ultimately, the decision to mediate or push for trial is up to the client but an attorney can help make the process streamlined, provide clarity, and interpret legal jargon in the agreements to ensure that your interests are protected.