Restraining orders, also known as protective orders, are legal decrees issued by courts to protect people from potential harm or harassment. In California, these orders typically relate to cases involving domestic abuse, harassment, stalking, sexual assault and other forms of violence. Continue reading to learn about the criteria for obtaining a restraining order and what to do if someone files one against you.

What Is a Restraining Order?

A restraining order is a directive from a court limiting the behavior of someone who hurts or threatens to hurt another person. It protects victims by legally preventing the alleged abuser from continuing their harmful actions.

Criteria may include maintaining a specific distance from the victim, staying away from specific locations or adhering to a strict no-contact policy. Additionally, the court may require the restrained person not to own or possess firearms while the order is in effect.

Criteria for Obtaining a Restraining Order in California

To obtain a restraining order in California, the petitioner must demonstrate that they have been subject to threats, harassment or physical harm. The court requires evidence of the alleged abuse or harassment, which can include:

• Testimonies or statements detailing the incidents.
• Medical records of injuries related to abuse.
• Police reports or other legal documents supporting claims of harassment or abuse.

The process involves filing a petition with the court, after which a judge will review the evidence and may issue a temporary restraining order pending a full hearing.

What to Do if Someone Files a Restraining Order Against You

Here’s how to respond if someone files a restraining order against you in California.

• Do not violate the order: Comply with all terms, even if you believe the allegations against you are unfounded. Violating a restraining order can lead to criminal penalties.
• Consult an attorney: Contact a criminal defense attorney like Sal Ciulla who can help you understand the legal implications of your restraining order and represent you in court.
• Prepare your defense: Collect evidence that supports your case, including communications, witness statements and relevant documents.
• Attend all court hearings: Attend all scheduled court hearings related to the restraining order. Skipping a hearing can be detrimental to your case.

How to Appeal a Restraining Order or Get It Dismissed

California law gives you the right to appeal a restraining order if you believe you are unjustly accused. You must file your appeal within 60 days of the order’s issuance, presenting valid reasons for the court to modify or dismiss it. While the appeal is pending, the restraining order’s original terms remain in effect.

To have a restraining order dismissed, you must file a motion with the court demonstrating that it is no longer necessary or that you have complied fully with its terms. The court will then review the motion and may schedule a hearing to decide whether to dismiss the restraining order.

Get Reliable Legal Representation in Southern California

Whether you need to obtain a restraining order for your protection or respond to one filed against you, knowledgeable legal representation is vital.

Attorney Sal Ciulla has experience in handling sensitive cases and can provide the guidance and advocacy you need to preserve your rights. If you are dealing with issues related to restraining orders, contact our office today for expert legal assistance and a complimentary consultation.