California Domestic Violence Restraining Orders: Legal Protections and Defense

Domestic violence restraining orders are powerful legal tools used to protect individuals from abuse or threats. In California, these orders can have immediate and lasting consequences, affecting where you live, who you see, and even your ability to own firearms. While restraining orders serve as protection for those in danger, they can also be misused, leading to false allegations and unfair restrictions.

If you are involved in a restraining order case—whether as the protected party or the restrained party—it’s important to understand how these orders work and the legal options available. At KN Law Firm, we defend and guide clients in Glendale, Los Angeles, and across Southern California in all aspects of restraining order cases.

What Is a Domestic Violence Restraining Order?

A domestic violence restraining order (DVRO) is a court order that restricts one person (the “restrained party”) from contacting, harassing, threatening, or abusing another person (the “protected party”). It applies to people in close personal relationships, such as:

• Spouses or ex-spouses
• Current or former romantic partners
• Cohabitants or roommates
• Family members, including parents and children

The court issues these orders when there is evidence of abuse or threats of abuse. Abuse can include physical harm, harassment, stalking, or emotional control.

Types of Restraining Orders in California

California law recognizes several forms of restraining orders, each serving different purposes:

• Emergency Protective Order (EPO): Usually issued by law enforcement at the scene of a domestic violence incident. An EPO is short-term (up to 7 days).
• Temporary Restraining Order (TRO): Issued by a judge to provide protection until a full court hearing can be held, typically lasting 20–25 days.
• Permanent Restraining Order: If granted after a hearing, this order can last up to 5 years and can be renewed if necessary.
• Criminal Protective Order (CPO): Issued in connection with a criminal domestic violence case, it remains in place during the criminal proceedings and often beyond.

Consequences of a Restraining Order

Being the subject of a restraining order in California carries serious consequences, such as:

• Mandatory distance and no-contact requirements with the protected person
• Restrictions on visiting your home or children
• Loss of firearm rights during the order
• Impact on child custody and visitation rights
• Possible effects on your employment and immigration status
• Criminal penalties for violating the order, including jail time and fines

Because the stakes are high, you must take a restraining order seriously and seek immediate legal advice.

Defending Against a Restraining Order

If someone has filed a restraining order against you, you still have rights. Common defense strategies include:

• False Allegations: Unfortunately, restraining orders are sometimes sought for revenge, leverage in custody battles, or to gain control.
• Lack of Evidence: The petitioner must prove that abuse occurred or is likely to occur. If evidence is weak, the order may be denied.
• Misunderstandings: Arguments or disagreements may be exaggerated into allegations of abuse.
• Self-Defense: In some cases, the restrained person acted to protect themselves, not to abuse the other party.

At KN Law Firm, we represent clients in restraining order hearings to ensure the judge hears the full story and that your rights are not overlooked.

How to Seek a Restraining Order in California

For individuals truly in danger, a restraining order can provide crucial protection. To obtain one, the petitioner must file court forms describing the abuse and attend a hearing where a judge will decide whether to issue the order. Legal representation is highly recommended to strengthen the case and ensure all protections are properly requested.

KN Law Firm: Protecting Your Rights and Future

At KN Law Firm, we understand both sides of domestic violence restraining order cases. Whether you are seeking protection or defending against unfair allegations, our Glendale-based attorneys are here to help. We represent clients throughout Los Angeles and surrounding Southern California cities, providing personalized strategies and aggressive representation.

We offer free consultations to help you understand your rights and take immediate action.

Call KN Law Firm Today

If you are facing a restraining order hearing or need protection from abuse, call (888) 950-0011 today to schedule your free consultation. The sooner you act, the stronger your case will be.