A knock at the door. A uniformed officer. A court document that tells you your life is about to change. Whether you’re the person seeking safety or the one being served, a restraining order carries weight far beyond what appears on paper. It redefines your home, affects your family, and raises serious questions about your future.
At Sitkoff Law Group, we’ve stood on both sides of these cases: we’ve protected victims in fear for their safety, and we’ve defended those falsely accused or misunderstood. And we understand this truth better than anyone: Restraining orders aren’t just about law. They’re about fear, judgment, and how quickly everything can turn upside down. This guide was written for anyone who has found themselves suddenly caught in that moment.
Before we move forward, take a moment to read our in-depth guide: [Will I Go to Jail for a First-Time Domestic Violence Charge in California?] It walks you through every stage of the legal process, from the moment of arrest to what really happens in court, and shows how the right defense can make all the difference.
What Is a Domestic Violence Restraining Order
A domestic violence restraining order (DVRO) in California is a court-issued protection order meant to prevent abuse, threats, stalking, or harassment between people in close relationships. This includes current or former spouses, dating partners, co-parents, cohabitants, siblings, and other family members. You don’t have to be married or living together for a DVRO to apply;you just have to share a qualifying relationship under the law.
The goal of the order is to stop harm before it happens. But the impact on the restrained person is significant. They can be ordered to move out of their home, have no contact with their children, surrender their firearms, and face criminal charges if they violate the order. And none of this requires a criminal conviction; the court can impose these conditions based on one side of the story unless the restrained person shows up and fights back.
Before we go further, would you like to speak with a former district attorney about your case?
If you or a loved one has just been arrested for domestic violence in Los Angeles, timing is critical. We offer a free, confidential consultation to help you understand your legal options and take immediate steps to protect your future.
The Three Main Types of Restraining Orders in California
The first type is called an Emergency Protective Order. This is typically issued by a judge at the request of law enforcement after a domestic incident. It takes effect immediately and usually lasts up to seven days. It gives the protected party time to file a formal court petition.
The second type is a Temporary Restraining Order. Once someone files for a full DVRO, they can ask the court for immediate protection. The judge can grant the temporary order the same day and without hearing from the accused. This order stays in effect until the court holds a hearing, usually within three weeks.
The third and most serious type is a Permanent Restraining Order. After a formal hearing where both sides present evidence and testify, the judge may issue a long-term DVRO. These can last up to five years and be renewed. While the word permanent may sound final, the court reviews these orders periodically and can modify or lift them under the right conditions.
What Can a Restraining Order Legally Do?
Once a DVRO is issued, the restrained person must comply with every term. A restraining order can require them to move out of their home, even if they’re on the lease or deed. It can forbid all contact with the protected party, including calls, texts, emails, social media messages, or indirect communication through friends.
If children are involved, the court can suspend or limit visitation. The restrained person may only be allowed supervised visits, or they may lose contact altogether. The court can also issue orders related to child or spousal support. And if the restrained person owns any firearms, they must surrender or sell them immediately.
Violating a DVRO is a criminal offense, and even unintentional violations can lead to arrest. If the protected person contacts the restrained person first, it doesn’t matter. Only the court can modify or lift the order. Until that happens, it must be treated as law.
What to Expect in the Legal Process
If you’re filing for a restraining order, the first step is completing court forms that describe what happened. You’ll explain why you need protection and detail any past incidents of violence, threats, or harassment. The judge will review your petition and may issue a temporary order the same day.
The court will then schedule a hearing, usually within 21 days. The other person will be served with the paperwork and has the right to appear. At the hearing, both sides can present evidence, testify, and call witnesses. After reviewing everything, the judge will decide whether to issue a permanent restraining order.
If you’re the person being served, don’t ignore the order. You have the right to defend yourself. You can submit a written response, attend the hearing, bring documentation, and challenge false or exaggerated claims. Many people lose these cases simply because they don’t show up.
A Client Story That Shows What’s Possible
Our client J.K. was arrested in Huntington Beach after an argument with her boyfriend. She admitted to throwing food during the fight. Her boyfriend called the police, but later said he never wanted charges filed. Still, she was arrested and charged with misdemeanor domestic battery under Penal Code 243(e)(1).
She was a working professional with no prior record. The arrest alone threatened her job, her reputation, and her ability to pass future background checks. She was overwhelmed and afraid.
Our team stepped in quickly. We contacted the prosecutors, presented the full picture, and explained why this case didn’t meet the legal standards for prosecution. The district attorney agreed to drop the case, and her arrest record was modified to reflect a detention only. That meant no conviction, no formal charges, and no criminal history.
That outcome protected her future. It gave her peace of mind. And it reminded everyone involved that sometimes, context changes everything.
Another Client Wrongly Accused of Spousal Abuse
In another case, our client A.M. was arrested after his wife reported verbal abuse to the Santa Monica Police Department. He was shocked to be accused of felony spousal abuse under Penal Code 273.5(a). The accusation put his job and immigration status at risk. He had never been in legal trouble before.
We launched an immediate investigation. We gathered phone records, messages, and character references. We showed that there had been no violence, no threats, and no evidence of any crime. We communicated directly with the Santa Monica City Attorney’s Office and advocated for dismissal.
The prosecutors declined to file charges. His arrest record was reclassified as a detention only. He avoided criminal prosecution, kept his job, and was able to continue supporting his family without fear of being labeled an abuser.
Why These Orders Have Lasting Consequences
Even if a DVRO issued against you is temporary, its impact can last for years. The order becomes part of your public record. Employers may see it. Landlords may question it. Licensing boards may factor it into your career. If you’re going through a custody dispute, the family court judge may assume you’re a risk to your children, even if the order was never justified.
If you’re not a U.S. citizen, a DVRO can affect your immigration status. Immigration judges and officers take domestic violence claims seriously. A single restraining order could derail a green card application or delay naturalization.
This is why these hearings matter so much. A decision made in one afternoon can echo through your life for years.
What to Do If the Allegation Is False
If you were falsely accused, stay calm. Don’t respond emotionally. Don’t reach out to the person who filed the order, even to defend yourself. Start gathering evidence. Save messages, emails, and anything that shows your side. Identify witnesses who can testify on your behalf.
Work with an attorney who understands restraining order law in California. Don’t assume the truth will speak for itself. Courts need documentation, legal arguments, and courtroom skill. That is where our team comes in.
Why Clients Trust Sitkoff Law Group
Our firm is built on experience from both sides of the courtroom. Our attorneys include former prosecutors who know how domestic violence cases are reviewed, charged, and dismissed. We understand what judges look for. We know how to discredit weak claims and build persuasive defenses.
But we also understand the emotional cost. We know what it feels like to walk into court afraid of what might happen. That’s why we fight hard. Because we know this moment is more than a hearing – It’s your future.
Common Questions We Hear From Clients
If I violate the restraining order by accident, will I go to jail?
Yes, you could be arrested. Even unintentional violations are treated seriously. The safest course of action is to avoid any contact until the order is lifted or modified by the court.
Can the other person drop the restraining order?
Only the court can remove or change an order. Even if the protected person says they no longer want it, the judge must formally dismiss or modify the order.
Should I have a lawyer at the hearing?
Absolutely. You’re not required to, but representing yourself in a restraining order hearing can be risky. These hearings involve evidence, legal arguments, and potentially long-term consequences. Having a lawyer gives you the best chance to protect your rights.
Will this be on my record forever?
A restraining order may appear in public court records, even after it expires. You may be able to petition the court to seal or remove the record, but this is not automatic.
Take Action Before the Court Decides Without You
If you’re involved in a domestic violence restraining order in California, don’t wait. Every day matters. Your response could determine whether you lose access to your children, your home, or your ability to work in your field. It can also determine whether your name is permanently tied to an accusation that may not be true.
At Sitkoff Law Group, we’ve helped hundreds of clients protect their rights, challenge false claims, and rebuild their lives. We’re ready to do the same for you.
Call us today for a confidential consultation. Your case deserves attention. Your story deserves to be heard. And your future deserves to be protected.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. Every case is different, and results may vary. Please consult a qualified attorney for advice specific to your situation.
