Served With a Restraining Order in the Inland Empire?

Usually the person asking for the order has already received a temporary order from a judge, without you there. Once you are served, you must obey it, even if you believe the claims are false. A hearing is set, usually within 21 days, or 25 days for good cause. You can file a written response before the hearing, and you are entitled to one continuance to prepare (Family Code 242, 245; Code of Civil Procedure 527.6). At the hearing, the judge decides whether to issue a longer order. If you don’t appear, the judge can grant it without hearing your side.

The most common are:

• Domestic violence restraining orders, between spouses, partners, dating partners, the parents of a child, people who live or lived together, and close relatives (Family Code 6200 and following)
• Civil harassment restraining orders, for neighbors, coworkers, acquaintances and others without that kind of relationship (Code of Civil Procedure 527.6)
• Criminal protective orders, issued by the judge in a criminal case (PC 136.2)
• Gun violence restraining orders, which take away guns and ammunition (PC 18100 and following)

Workplace violence, school violence and elder abuse restraining orders work in similar ways.

It depends on the type of order. For a domestic violence restraining order, the judge must find reasonable proof of past abuse, more likely than not. Abuse is broader than violence: it includes threats, harassment, stalking, destroying property and disturbing the other person’s peace, including coercive control (Family Code 6203, 6300, 6320). A civil harassment order requires clear and convincing evidence of violence, a credible threat of violence, or a course of conduct that seriously alarms or harasses the person and serves no legitimate purpose (Code of Civil Procedure 527.6). A gun violence restraining order requires clear and convincing evidence that you pose a significant danger with a gun (PC 18175).

A temporary order lasts until the hearing. After a hearing, a domestic violence restraining order can last up to five years, and the protected person can ask to renew it for five more years or permanently, without showing any new abuse (Family Code 6345). A civil harassment order can also last up to five years and be renewed for up to five more (Code of Civil Procedure 527.6). A gun violence restraining order lasts one to five years and can be renewed if the danger continues (PC 18175, 18190). A criminal protective order usually lasts while the criminal case or probation is going on, and after a domestic violence conviction it can last up to 10 years (PC 136.2(i)).

Yes. Each of these orders bars you from owning, possessing or buying a gun or ammunition while it is in effect. If an officer asks for them when you are served, you must hand them over right away. Otherwise, you generally must turn them in to law enforcement or sell or transfer them to a licensed gun dealer within 24 hours, and file the receipt with the court within 48 hours (Family Code 6389; Code of Civil Procedure 527.9; PC 18120). Missing the receipt deadline can itself violate the order, and having a gun while restrained is a separate crime (PC 29825). Narrow exceptions exist for some jobs that require a firearm.

More than staying away. Depending on the request, the judge can order you not to contact, harass or come near the protected person and other household members, to move out of a shared home even if your name is on the lease or title, and to follow temporary custody and visitation orders (Family Code 6320, 6321, 6323). After a hearing, the judge can also order you to complete a batterer’s program (Family Code 6343). A finding that you committed domestic violence can also create a presumption, which you can try to overcome, against giving you custody of your children (Family Code 3044).

You can be arrested and charged with a crime. Knowingly violating a domestic violence, civil harassment or similar restraining order is a misdemeanor with up to one year in county jail and a $1,000 fine, and a violation that causes an injury carries a 30-day minimum that the judge can reduce in some cases (PC 273.6). Violating a criminal protective order is also a misdemeanor with up to one year in jail (PC 166(c)). A repeat violation within seven years involving violence or a credible threat can be charged as a felony. Only the judge can change the order: even if the protected person invites contact, you can still be arrested.

Usually you should tell your side to the judge, but carefully. If the same events could lead to criminal charges, anything you say in your written response or in court can be used against you in a criminal case. Talk to a criminal defense attorney before you file anything or testify. Don’t contact the protected person to work things out, even through friends, family or social media, and don’t post about the case. If police want to question you, politely decline and ask for a lawyer. Save texts, emails, call logs and photos that support your side.

It depends on the evidence. Common responses include:

• The events did not happen, or did not happen the way they are described
• What happened does not meet the legal definition of abuse or harassment
• Your contact served a legitimate purpose, such as arranging child exchanges
• You acted in self-defense
• The request is being used to gain an advantage in a divorce, custody or housing dispute
• The evidence is not enough to meet the required standard of proof

We review texts, emails, call logs, social media, photos, video, police reports and witness statements to prepare your response.

Sometimes. Either side can ask the judge to change or end a domestic violence or civil harassment order early, and the parties can file a written agreement, but the judge decides (Family Code 6345; Code of Civil Procedure 527.6). You can ask to end a gun violence restraining order once a year (PC 18185). Only the criminal court can change a criminal protective order. You can also oppose a request to renew an order. A restraining order is not a conviction, but it is entered in a statewide law enforcement database. For non-citizens, being found to have violated certain protective orders can carry serious immigration consequences, so talk to us before your hearing.