California courts issue restraining orders in many situations, especially temporary restraining orders (TROs) that offer immediate protection. TROs are granted in situations involving domestic violence, harassment, threat, or workplace violence. Judges look at the urgent situation, the risk of harm, and any other evidence the petitioner may have when seeking a restraining order.

A TRO disrupts your life because it limits where you can go and who you can contact. If you accidentally violate the terms, you will face criminal charges. You can fight the order and make sure your case is heard. Strong legal representation could mean the difference between saving your reputation and suffering for years.

At Monterey Criminal Attorney, we will fight to protect your rights and defend you against restraining orders. Contact us for legal assistance with restraining orders.

What is a Temporary Restraining Order?

A temporary restraining order offers immediate legal protection for victims of threats, abuse, or harassment. This order serves as short-term protection until the court issues a more permanent restraining order. Judges often issue a TRO on an ex parte basis, which means they can issue the order without notifying or hearing from you (the party for whom the order is issued against). This approach prioritizes urgent cases when the petitioner claims they face immediate danger. After receiving a TRO, you cannot contact, approach, or harass the petitioner. The petitioner’s family members, pets, workplace, or other places may also be protected under the order.

TROs remain in effect for a limited time, usually around 10 to 25 days. After the TRO is granted, the case is scheduled for a court date wherein you and the petitioner can present evidence and argue your case. To get a TRO, the petitioner will submit a detailed application outlining what happened to them. Affidavits or police reports should support these allegations. Courts quickly process these requests because they recognize the need for immediate intervention. If the court agrees to grant the order, law enforcement or a process server must serve it to you so that you can have notice of the restrictions and the date of the court appearance.

You could face legal consequences, including contempt charges if you violate the TRO. You risk facing fines or jail time as per Penal Code 273.6. You must comply with the order even if you believe the claims are untrue or exaggerated. Any contact with the protected party could result in more legal issues. You will have a chance to fight these allegations at the hearing scheduled between 10 and 25 days after the TRO is granted. During the hearing, you can:

  • Present evidence
  • Dispute the petitioner’s statements 
  • Argue against the court extending the order

The judge could grant a permanent restraining order by default if you do not show up. It can last up to five years and change your life significantly.

In domestic violence cases, a temporary restraining order often contains instructions related to custody, visitation rights, and child support. These conditions can have lasting effects, making responding effectively all the more important. You could request a continuance if you want more time to prepare your defense. The court could extend the TRO until the next hearing date.

Once the court listens to both parties, it will temporarily dismiss or extend the TRO or issue a permanent restraining order. If the judge believes there is enough evidence to require continued restrictions on you, the defendant could face long-term restrictions that will affect your ability to work, travel, or have custody rights. 

Types of Temporary Restraining Orders

In California, temporary restraining orders (TROs) come in different forms, each designed for situations where the court has determined you may have posed or will pose a threat. These orders take effect immediately, stopping you from contacting or being physically close to the petitioner and, in some cases, affecting other aspects of your daily life. Temporary restraining orders include:

Domestic Violence Restraining Order (DVRO)

A domestic violence restraining order applies if you have or had an intimate relationship with someone. This includes your:

  • Spouse
  • Domestic partner
  • Co-parent

This order bars you from contacting the petitioner or visiting their home or work. You will also be barred from seeing your children until the court has a full hearing. The order may also contain financial arrangements for you to pay child support or other expenses.

Civil Harassment Restraining Order

If someone you are not related to or your spouse claims you are harassing, stalking, or threatening them, the court will likely issue a civil harassment restraining order against you. This TRO usually applies to disputes with neighbors, colleagues, friends, or even strangers. This order will prevent you from contacting the petitioner directly or indirectly via phone, email, text, and social media.

Workplace Violence Restraining Order

If your employer says you threatened one or more of his/her employees, a judge could grant a workplace violence restraining order (TRO). Unlike other TROs, you cannot contest this order (TRO) until the scheduled hearing. Once the judge issues the order, you will be expected not to enter the workplace or contact the protected individual.

School Violence Restraining Order

If a school claims you threatened students or staff, a judge could be inclined to issue a school violence restraining order against you. Once issued, this order will bar you from the school grounds and prevent you from communicating with the person(s) listed in the application. The schools often request these orders when they believe an outside threat, like a former student or an outsider, has engaged in or is threatening to use violence.

Gun Violence Restraining Order 

A gun violence restraining order (GVRO) prevents you from possessing, purchasing, or attempting to acquire guns if a law enforcement officer, family member, employer, or coworker claims you are a danger to yourself or others.

If an application for a GVRO is granted, you must surrender any firearms to law enforcement immediately and not purchase any new ones while the order is in effect.

Elder or Dependent Adult Abuse Restraining Order

The court will likely issue an elder or dependent adult abuse restraining order against you for allegedly abusing an elderly or dependent adult. A judge will grant a temporary restraining order if you are accused of financial abuse, neglect, or physically abusing someone 65 or older or a dependent adult.

Who Can Obtain a Domestic Violence Temporary Restraining Order?

In California, judges issue a domestic violence temporary restraining order based on specific relational ties and allegations of abuse by the petitioner. Under the law, anyone with a close personal or family-type relationship can seek a TRO. This means the petitioner must show that you have such a legal relationship.

Individuals who can seek a domestic violence temporary restraining order include:

  • Current or former spouse
  • Domestic partner
  • Dating partner
  • Co-parent
  • Cohabitant
  • Close relatives, including a parent, child, sibling, grandparent, or grandchild

According to California law, abuse can be defined to include hitting, threatening, sexually assaulting, harassing, stalking, and any behavior causing emotional distress.

Disobeying the TRO can result in serious legal trouble. You can be found in contempt of court, which means you can be fined or sent to jail under Penal Code 273.6. You must follow the order even if you believe the allegations are untrue until the court modifies it. Any contact with the petitioner, including indirect communication through third parties, could lead to additional criminal charges.

How to Respond to a Domestic Violence Temporary Restraining Order

You should be careful with the legal process when responding to a domestic violence TRO in California. As soon as you receive the TRO, go over it thoroughly. The order likely prohibits contacting the petitioner and restricts you from being in specific locations. It will also include a court hearing date, usually 21 to 25 days away, where you can contest the allegations and defend yourself.

You should immediately get a lawyer on board. A lawyer with experience in domestic violence cases can help you understand the limitations, implications, consequences, and overall strategy best suited for your case. Your attorney can help prepare a response that allows you to contest the claims and present your side of the story. Your reply should outline any inaccuracies in the petitioner’s claims. You should present supporting evidence to back up your claim. You should also include witness statements where applicable. You must file and serve this to the petitioner before the hearing. 

You need to go to court on the hearing date. If you do not show up, the judge can grant a permanent restraining order by default (lasting up to 5 years), significantly affecting your rights. If you attend the hearing, you may refute the petitioner’s assertions, submit evidence, and interrogate witnesses. If you prove the TRO is meritless, the court may dismiss it. Alternatively, you can request changes to some restrictions if they are excessive or unnecessary.

Consider mediation if it is an option you can pursue for your case. Sometimes, if both parties agree and the court finds it safe, mediation can help settle a dispute without prolonging the legal battles. However, mediation is typically not an option in cases involving serious abuse.

Moreover, you must strictly follow the TRO. Any violation, even if not intentional, can result in contempt charges, fines, and jail time. Follow all restrictions carefully until the court modifies or lifts the order. Showing that you are abiding by the law helps your case.

If the court issues a permanent restraining order, you may file an appeal if you believe the order is a consequence of legal error. However, appeals are complicated and require very good legal reasons, so check with your attorney before pursuing this option.

How a Judge Can Modify a TRO

The judge can change a temporary restraining order at a hearing. This usually happens when one or both parties file a motion to change the current order. This is most likely due to new developments or changes in circumstances. At the hearing, both parties will get a chance to present their case, with the petitioner possibly seeking an extension if they believe the threat is still present or has worsened. Alternatively, they could seek to change some restrictions they no longer want to keep. You, the respondent, can ask for the dissolution of the TRO if the original claims are no longer held or if the order imposes excessive restrictions.

In deciding the matter, the judge examines various issues, including introducing new evidence, balancing hardships, and modifying the TRO to prevent greater harm while avoiding imposing an additional burden on either party. Moreover, the court examines the probability of success if the case proceeds to trial and whether the modification serves the public interest.

The judge may extend the TRO depending on the findings. Its conditions may be modified or lifted. The TRO is meant to maintain the status quo, which essentially means not letting things change until the judge does something.

How Domestic Violence TROs Influence Divorce Proceedings

In a divorce proceeding, a domestic violence temporary restraining order not only grants immediate protection but also affects child custody, money matters, and other aspects of the case. For the judge to issue the TRO, he/she will have determined there is sufficient evidence of abuse, harassment, or threats against the petitioner, even if you were not present to challenge the claims or present evidence to the contrary. This TRO will also affect other aspects of the divorce. 

One of the most direct consequences of a temporary restraining order relates to custody and visitation. The courts will grant sole custody to your partner if the court believes your presence might be a risk to the children. This decision can have an impact on future custody plans because judges put a lot of weight on the initial ruling in a custody case on a domestic violence allegation. It may also:

  • Limit or prohibit visitation
  • Mandate-supervised exchanges
  • Limit your ability to communicate with your children

The TRO can freeze shared funds and prevent you from changing insurance policies. If the petitioner claims you might waste marital assets or retaliate against them financially, the order can stop you from selling, transferring, or disposing of any property until the divorce is finalized. This decision can severely limit your ability to manage joint accounts, withdraw or deposit money, and make financial decisions.

If there is a TRO, this affects spousal support and property division. A judge could consider the order evidence of wrongdoing, which can influence how assets are split, or support is awarded. The petitioner could state that the alleged abuse caused them to suffer financial disadvantage or emotional harm, for which they deserve better terms. In some cases, a temporary restraining order may become a permanent restraining order, which can affect post-divorce interactions, especially when co-parenting is involved.

You may be disadvantaged due to the TRO during mediation or settlement talks. The order could allow the petitioner to pursue better custody, support, or asset division terms. Furthermore, if finding you was challenging or there are fears for safety, the TRO can help serve the divorce papers as required, thus helping the process continue even without your help.

A TRO against you may carry long-term consequences under the law. Nonetheless, a TRO remains on record, which could affect the outcome of future hearings. It could, for example, affect child custody or support.

If a permanent restraining order is issued, you might not be allowed to have weapons, visit certain places, or work in jobs requiring background checks. 

Furthermore, a TRO can cause emotional and psychological stress. It will restrict your movements, limit family contact, and create a hard-to-shake presumption of wrongdoing or fault. 

Consequences of Violating a Temporary Restraining Order

If you violate any term of a TRO, you may be charged under Penal Code 273.6. The violation is a misdemeanor. You may spend a year in jail and pay fines of up to $1,000 upon conviction. Law enforcement has the authority to arrest you on the spot, regardless of whether you believe the violation was minor.

Moreover, you could be held in contempt of court for not obeying a court order, which could result in added fines or jail time. If you violate the temporary restraining order multiple times, the prosecutors may request a more significant jail term or fine.

If your case concerns child custody or family law, a TRO violation can adversely impact your custody and visitation rights. If you do not comply with the TRO, the court could see you as a risk or unstable. This can affect future aspects of your case. The court could also order you to go to anger management, substance abuse programs, or any other counseling as part of your sentence or probation.

If the TRO includes a restriction on firearms, a violation of the TRO could lead to removing any guns you own. Having a weapon in your possession while being under a TRO ban can mean additional charges and perhaps felony charges. Other probation conditions could be imposed by the courts as well. For example, you could be ordered not to contact the protected party, check in with a probation officer, or take other court-ordered programs.

The court could issue a warrant for your arrest, limiting your ability to travel or move about without getting caught. You may also face a civil lawsuit in which the petitioner could sue you for damages resulting from your violation. You may have to pay for legal fees or money.

Possible Defenses Against Breaking Domestic Violence TRO

If you are dealing with domestic violence TRO violation charges, the best way to fight these allegations is to build a strong defense with the help of a criminal defense attorney. There are various legal defenses you can use to fight the charges. These include:

Lack of Knowledge

It cannot be liable for the violation if you did not know about the temporary restraining order. If the order was not served correctly, you can argue the violation was done unknowingly. This is likely if:

  • You were out of state
  • The service was incomplete
  • You never received formal notice

This defense may be supported with evidence, including travel records, lack of proof of service, or witness testimony.

Accidental Violation

Not all violations are intentional. You may have crossed paths with the private party or unknowingly entered a restricted area. For example, if you ran into the petitioner in a public place without prior knowledge of their presence, this may serve as a valid defense. Evidence like GPS data, cameras, and witnesses can show you did not intend to do so.

Permission of the Protected Party

If the petitioner made first contact with you, you could use this as a defense. However, consent does not trump a court order. Even if the protected party initiated communication, the order remains legally binding unless formally modified by the court. However, it may be possible to show that the petitioner contacted you voluntarily to lessen the penalty or undermine the credibility of the accusations.

False Accusations

Sometimes, people use domestic violence restraining orders as a legal weapon in divorce cases or custody battles to fabricate allegations. If you believe the petitioner made false claims about you, securing evidence to disprove their claims is important. This could include:

Witnesses statements contradicting the alleged violation 

  • Text messages, emails, or call logs showing you did not initiate the call
  • Video recordings proving you were not at the location of the alleged violation
  • A history of false accusations by your accuser that could indicate a pattern of dishonesty

Find a Restraining Order Attorney Near Me

A temporary restraining order can seriously affect your freedom, custody rights, and finances. TROs are issued quickly, often without the defendant’s submissions. Moreover, even accidentally violating one can result in you facing criminal charges under Penal Code 273.6, with a possibility of facing fines, jail time, or more if convicted.

However, just because you received a TRO does not mean you are guilty of wrongdoing. Most arise from false allegations, misunderstandings, or legal strategies during divorce and custody proceedings. You can dispute the claims, present evidence, and fight to clear your name. With the help of the Monterey Criminal Attorney, you have a better chance of securing a favorable outcome. We will formulate a strong defense tailored to protect your rights. Talk with us today at 831-574-1791 for a confidential consultation.