What Happens When Someone Files a Restraining Order Against Me in California?

You’ve Been Served—Now What? Here’s What to Do Next

Finding out that someone has filed a restraining order against you can be overwhelming and confusing. You may be wondering what this means for you, what steps you need to take next, and how this could impact your daily life and future.

At The Nieves Law Firm, we understand the stress and uncertainty that comes with facing a restraining order. This guide will walk you through the process, from notification to hearing outcome, so you can better understand what to expect and how to protect your rights.

The Restraining Order Process in California

1. Notification Through Personal Service

The first step in the restraining order process is notification. You’ll receive formal documents that the petitioner (the person requesting the restraining order) filed with the court. These documents typically include:

• The petition for a restraining order with the allegations against you
• Any supporting documentation or statements provided by the petitioner
• A notice of the court hearing date
• A temporary restraining order (if granted by the judge)

Important: This service must usually be made through personal service, meaning a process server, law enforcement officer, or another adult (not the petitioner) must hand the documents to you directly. The restraining order is not enforceable until you’ve been properly served.

2. Understanding the Temporary Restraining Order

In many cases, the court will issue a temporary restraining order (TRO) when the petition is filed. This temporary order:

• Takes effect immediately upon being served to you
• Remains in force until the court hearing date
• Contains specific restrictions on your behavior

The temporary restraining order will clearly outline what you can and cannot do. Common restrictions include:

• Not contacting the petitioner in any way (phone, text, email, social media, or through third parties)
• Staying a certain distance away from the petitioner (often 100 yards)
• Staying away from the petitioner’s home, workplace, vehicle, and other locations they frequent
• Not possessing firearms or ammunition (you may be required to surrender any weapons you own)

Critical warning: Violating any provisions of a temporary restraining order, even in what seems like a minor way, can result in criminal charges. Take the time to understand exactly what the order prohibits and follow it strictly.

3. The Court Hearing

The documents you receive will include notice of a court hearing, typically scheduled within 21 days of the petition filing. This hearing is your opportunity to present your side of the story to the judge.

Before the hearing:

• Mark the hearing date on your calendar and make arrangements to attend
• Consider consulting with an attorney to help prepare your defense
• Gather evidence that supports your position
• Identify potential witnesses who could testify on your behalf
• File a formal written response with the court (your attorney can help with this)

During the hearing:

• Both you and the petitioner will have the opportunity to present evidence and testimony
• The judge may ask questions of both parties
• Each side can challenge the other’s evidence and testimony
• Witnesses may be called to provide additional information

4. Filing a Response

You have the right to file a formal response to the restraining order petition before the hearing. This response allows you to:

• Address the allegations against you
• Present your side of the story
• Explain why you believe the restraining order should not be granted

Your response should be filed with the court before the hearing date. A copy must also be served to the petitioner or their attorney.

5. The Hearing Outcome

After hearing both sides, the judge will make a decision on whether to grant a permanent restraining order. If granted, this order may last for several years (typically 3-5 years in California) and can be renewed.

The judge’s decision will be based on:

• The credibility of both parties
• The evidence presented
• Whether the legal standards for issuing a restraining order have been met

If the permanent restraining order is granted, make sure you understand:

• The specific terms and limitations
• The duration of the order
• Any additional requirements (like mandatory counseling)
• The process for appealing the decision if you wish to do so

What Happens If a Restraining Order Is Granted?

If the court grants a permanent restraining order against you, there are several important consequences to be aware of:

1. Legal restrictions: You must strictly abide by all terms of the order to avoid criminal charges.
2. Firearms prohibition: You’ll likely be prohibited from owning or possessing firearms and ammunition for the duration of the order.
3. Public record: Restraining orders appear in public records and may show up on background checks.
4. Employment impact: Some employers may be concerned about hiring or retaining employees with active restraining orders.
5. Housing challenges: Landlords might screen for restraining orders during application processes.
6. Family court implications: A restraining order can impact custody and visitation arrangements if children are involved.

How to Respond to a Restraining Order Against You

Receiving a restraining order can be stressful, but taking the right steps can help protect your rights:

1. Read the order carefully: Make sure you understand exactly what behavior is prohibited.
2. Comply with all terms: Even if you disagree with the order, follow it completely while you challenge it legally.
3. Gather evidence: Collect any texts, emails, witness statements, or other documentation that supports your side.
4. Consider legal representation: Working with an attorney experienced in restraining order defense can significantly improve your chances of a favorable outcome.
5. File your response: Submit your formal response to the court before the deadline.
6. Prepare for the hearing: Organize your evidence, prepare what you’ll say, and be ready to present your case calmly and clearly.

Why Legal Representation Matters

Facing a restraining order without legal representation puts you at a disadvantage. An experienced attorney can:

• Help you understand the legal standards that apply in your case
• Identify the strongest arguments and evidence for your defense
• Prepare you for court questioning
• Ensure your rights are protected throughout the process
• Present your case professionally and persuasively
• Cross-examine the petitioner and their witnesses effectively

Getting Help From The Nieves Law Firm

If you’ve been served with a restraining order petition, time is of the essence. At The Nieves Law Firm, we provide experienced, strategic representation for respondents in restraining order cases throughout California.

Our attorneys understand the nuances of restraining order law and can help you navigate this challenging situation while working to protect your rights and reputation.

Contact The Nieves Law Firm today for a free consultation about your restraining order case. We’ll help you understand your options and develop a strategy for moving forward.