Being served with restraining order papers can be upsetting, especially if you believe the allegations are exaggerated, misleading, or untrue. You may be worried about seeing your children, returning home, or how the case will affect your future.
Your first steps matter. Read the papers carefully, follow any orders already issued, and prepare for the hearing. Ignoring the paperwork or trying to resolve everything directly with the other person can make the situation worse.
This article focuses on California domestic violence restraining orders. Other types of restraining orders have different procedures and requirements.
First Understand What You Were Served With
A request for a restraining order and a signed restraining order are different documents. In a domestic violence case, you will generally receive a Request for Domestic Violence Restraining Order, form DV-100, describing the allegations and requested orders.
The Notice of Court Hearing, form DV-109, tells you when and where the hearing will take place. A signed Temporary Restraining Order, form DV-110, identifies restrictions that apply before the hearing.
Do not assume every requested restriction was granted. Read the signed orders, including attachments, to determine exactly what the judge ordered. If temporary protection was denied, the hearing may still proceed.
Follow the Temporary Orders Even If You Disagree
A temporary restraining order, often called a TRO, is enforceable. Violating it can result in arrest and criminal consequences, even if you believe the underlying allegations are false.
Depending on the order, you may be prohibited from contacting the protected person, required to stay a certain distance away, ordered to move out of the home, or restricted from seeing your children.
Contact can include calls, texts, emails, social media messages, or messages sent through someone else. Do not ask a friend or relative to communicate on your behalf if the order prohibits indirect contact.
The protected person’s invitation to talk does not cancel the order. Follow any specific exceptions exactly, including provisions allowing limited communication about children. If you need clarification or changes, address them through the Court.
Address Firearm Requirements Immediately
If a TRO was issued, firearm restrictions require prompt attention. You cannot simply wait until the hearing to deal with them.
Generally, firearms, firearm parts, and ammunition must be surrendered, sold, or stored through an authorized process within 24 hours of service. If law enforcement requests immediate surrender, you must comply immediately. Proof of compliance generally must be filed within 48 hours of service.
Read the order’s requirements carefully, including any restrictions on body armor. Giving a firearm to a friend or relative is not a substitute for the required process.
Preserve Evidence and Prepare a Clear Response
Save relevant texts, emails, photographs, and other records. Preserve complete conversations rather than only isolated messages, and do not delete material because you think it looks unfavorable.
Prepare a timeline addressing the specific incidents alleged. What happened? When? Who was present? What evidence supports your account? Identify witnesses with firsthand knowledge.
A useful response addresses facts rather than attacking the other person’s character. For example, if an allegation concerns a threatening message, the complete conversation and surrounding circumstances and context may be more helpful than simply saying the other person is lying.
Remember that California’s definition of domestic violence extends beyond physical injury. Saying “I never hit anyone” may not answer allegations of threats, harassment, stalking, or disturbing the peace.
Can I File a Written Response
Yes, you can. Form DV-120, Response to Request for Domestic Violence Restraining Order, allows you to explain whether you agree or disagree with the requested orders and why.
A written response is optional, but it can help organize your position for the Court. If you submit one, follow the filing and service requirements. Arrange for an eligible adult to serve the response rather than delivering it yourself.
If the allegations involve a criminal investigation or pending criminal case, consult with criminal defense counsel before submitting a declaration or testifying. Statements made in the restraining order proceeding may be used in a criminal case.
Attend the Hearing and Consider the Broader Consequences
Do not miss the hearing because you think filing a response is enough. If you do not appear, the judge may issue orders without hearing your side, including a restraining order lasting up to five years.
If you need additional time to prepare, ask about the proper procedure for requesting a continuance. Do not assume the hearing has been postponed unless the Court confirms it.
For parents, the consequences can extend beyond contact restrictions. Under California Family Code section 3044, a finding of domestic violence can create a rebuttable presumption against awarding the offending parent sole or joint custody. That is different from an allegation alone, but it makes careful preparation especially important.
Get Help Before the Hearing
At The Soleymani Law Firm, APC, we represent clients responding to domestic violence restraining order requests. Our attorneys can help you understand the orders, evaluate the allegations, prepare evidence, and address related custody and family law issues.
Time is of the essence when you are served with a TRO. If you have been served with restraining order papers, contact our office to schedule a consultation.
This article is for general informational purposes only and does not constitute legal advice. Every situation is different, and individuals should consult with a qualified California family law attorney regarding their specific circumstances.