How to Fight a Restraining Order in California | Steven A. Alexander

How do you fight a restraining order in California?

To fight a restraining order in California, you must file a written response and appear at the scheduled court hearing to contest the petition. Gather evidence, prepare testimony, and challenge whether the petitioner has met their burden of proof. The judge decides whether to grant, deny, or modify the order after both sides are heard.

When someone requests a restraining order, the court often issues a Temporary Restraining Order (TRO) first, then sets a hearing roughly 21 to 25 days later. That hearing is your opportunity to defend yourself. In Orange County, these matters are typically heard at the Central Justice Center in Santa Ana or the appropriate family or civil courthouse.

Key first steps

• Read the papers you were served carefully, especially the hearing date and the specific allegations.
• File a written response (Form DV-120 for domestic violence, or Form CH-120 for civil harassment) before the hearing.
• Preserve texts, emails, voicemails, photos, and identify any witnesses.
• Do not contact the petitioner or violate the temporary order while the case is pending.

What is the difference between a DVRO and a civil harassment restraining order?

The difference is the relationship and the standard of proof. A domestic violence restraining order (DVRO) applies to spouses, dating partners, co-parents, or close family under the Domestic Violence Prevention Act. A civil harassment restraining order under Code of Civil Procedure 527.6 applies to neighbors, coworkers, or others who are not close relations.

This distinction matters because the burden of proof is different. A DVRO requires only a preponderance of the evidence (more likely than not), while a civil harassment order requires clear and convincing evidence, a higher standard. Knowing which type you face shapes your entire defense strategy.

How is a restraining order different from a criminal protective order?

A restraining order is civil and requested by a private person. A criminal protective order under Penal Code 136.2 is separate and issued by a judge inside a criminal case, usually to protect an alleged victim while charges are pending. You do not have to be charged with a crime for someone to seek a civil restraining order against you.

Both types restrict contact, and violating either one is a crime. Violating a civil restraining order is charged under Penal Code 273.6, while violating a criminal protective order is prosecuted under Penal Code 166. If you are facing related criminal charges, coordinating your defense across both the civil and criminal cases is critical. Our team handles serious criminal matters, including DUI defense and violent-crime allegations that frequently accompany restraining order requests.

What evidence matters at a restraining order hearing?

Evidence that matters includes text messages, emails, voicemails, photographs, medical or police records, and testimony from people who witnessed the events. Because a DVRO can be granted on testimony alone, contradicting or discrediting the petitioner's account with documented proof is often the most effective defense.

Building your defense

• Timeline evidence: messages or location data showing you were elsewhere or that contact was initiated by the petitioner.
• Context evidence: communications proving threats were fabricated, exaggerated, or taken out of context.
• Witnesses: people who can testify to what actually happened.
• Cross-examination: exposing inconsistencies in the petitioner's own statements under questioning.

Restraining orders are sometimes filed for leverage in divorce or custody disputes. A skilled attorney knows how to expose that motive to the judge.

What are the consequences of a restraining order in California?

A granted restraining order carries serious consequences beyond a no-contact rule. Under Family Code 6389 and federal law, you must surrender all firearms and ammunition and cannot buy or possess guns while the order is in effect. A DVRO can last up to five years, or permanently, under Family Code 6345, and may be renewed.

Other consequences include:

• Child custody: under Family Code 3044, a DVRO creates a rebuttable presumption against awarding custody to the restrained parent.
• Housing: you may be ordered to move out of a shared residence.
• Employment and licensing: the order is a court record that can surface on background checks.
• Immigration: restraining orders can carry serious consequences for non-citizens.

Why hire an experienced attorney to fight a restraining order?

An experienced attorney can file the right response, organize admissible evidence, cross-examine the petitioner, and hold the court to the correct burden of proof. Because restraining orders affect your firearm rights, custody, housing, and reputation, the stakes are too high to face the hearing alone or unprepared.

Steven A. Alexander brings 30+ years of experience, 5,000+ serious felony cases, and 250+ jury trials to every case. The firm is bilingual (English and Spanish), with offices in Santa Ana and Fresno (California State Bar #182068), and is available 24/7. Explore our locations or contact our office today to protect your rights before your hearing.