Restraining Order Lawyers in the Coachella Valley: Fighting for You When Your Freedom is Under Siege

Understanding Restraining Orders in California Law

Restraining orders, also called protective orders, are court orders designed to prevent harassment or abuse. There are several types of restraining orders, including:

• Domestic Violence Restraining Orders: These are for situations where the restrained person and the protected party have an intimate relationship or are blood relatives.

• Civil Harassment Restraining Orders: These are designed to protect someone from harassment, stalking, threats, or physical violence by an individual they do not have a close relationship with, such as a neighbor, coworker, or stranger. It can prohibit contact, require the harasser to stay away from the victim, and prevent further harassment. This type of restraining order is used when the relationship does not qualify under domestic violence laws.

• Workplace Violence Restraining Orders: These are intended to protect employees from violence or threats of violence in the workplace. Employers can seek these orders on behalf of their employees to ensure a safe working environment.

The Protective Order Process 

I have not been served the restraining order, but I know about it. Can I just avoid getting served? Can I beat the restraining order by hiding every time they try to serve me?

Avoiding service might seem like a clever strategy, but it’s not a solution. While personal service (hand-delivery of the order) is the standard requirement, the court has ways to work around it if it becomes clear you’re intentionally evading service. The petitioner can request alternate methods, such as service by mail, email, or even publication in a newspaper.

The better approach? Face the situation head-on. By appearing in court and presenting your case, you have the opportunity to challenge the allegations and protect your rights. Working with an experienced restraining order lawyer ensures you’re prepared to respond effectively. Hiding only delays the inevitable and puts you at a disadvantage when the matter eventually reaches the court.

What is a temporary restraining order?

A temporary restraining order (TRO) is a court order designed to provide immediate protection to someone who claims they are in danger. It’s a short-term measure, often granted without the accused even being present. A TRO can limit where you go, who you contact, and even your ability to access your own home. However, it’s not permanent—there will be a hearing where both sides present evidence, and the judge decides whether to issue a longer-term protective order. Until then, the TRO is in effect, and it’s critical to follow it to the letter.

What constitutes abuse for a domestic violence restraining order?

For a domestic violence restraining order (DVRO), “abuse” goes beyond physical harm. California law defines abuse broadly to include a range of behaviors that harm, threaten, or harass someone in a close relationship, such as a spouse, partner, family member, or cohabitant. Here are the key categories that may constitute abuse:

• Physical Abuse: This includes any act of violence or harm, such as hitting, pushing, slapping, choking, or throwing objects. Even a single incident of physical violence can qualify.

• Threats of Harm: Threatening to harm someone, their children, or even their pets can be considered abuse, especially if the threats cause fear or distress.

• Harassment: Persistent and unwanted behavior intended to intimidate, annoy, or disturb, such as repeated calls, messages, or showing up uninvited, can meet the threshold.

• Stalking: Following someone, monitoring their movements, or using technology to track their location or communication can be categorized as abusive.

• Disturbing the Peace: Courts may issue a restraining order for actions that destroy someone’s mental or emotional calm, such as isolating them from friends and family, destroying property, or engaging in other controlling behaviors.

Can I get a continuance to prepare my case?

Yes, you can. Courts recognize that protective order cases move quickly, and sometimes you need more time to gather evidence, secure witnesses, or prepare your defense. You can request a continuance from the court, but you must act fast. File the request as soon as possible, and be prepared to explain why the extra time is essential. If granted, the hearing will be rescheduled, but any temporary restraining orders will usually remain in effect until the new date. Use the DV-115 form to request a continuance.

What kinds of evidence can I present at my hearing?

Your evidence is the foundation of your case. Bring anything that supports your story—text messages, emails, voicemails, photos of injuries or property damage, police reports, or medical records. Witnesses can also be powerful allies; their testimony can provide an impartial account of events. You will need to have the witnesses physically present in court to testify at the permanent restraining order hearing. If there are contradictions in the petitioner’s story, highlight those too. Your goal is to paint a clear, compelling picture of the truth for the court.

She asked for a restraining order, but I’m the true victim of domestic violence. Can I get a restraining order against her?

Yes, you can file a restraining order against her if you’ve been abused. This is called a "mutual restraining order" situation, but it requires you to provide evidence of the abuse you’ve suffered. The court doesn’t issue these orders lightly—it’s not about trading accusations but proving your case with clear, convincing facts. The key is preparation: document your injuries, gather witness statements, and work with a lawyer who knows how to present your truth effectively. Both sides will be heard, and the judge will decide based testimony and documents presented.

What does a permanent restraining order mean?

A permanent restraining order is a long-term legal order issued by a court, typically following a hearing where both parties have had the chance to present evidence. A permanent protective order follows a preliminary protective order after a hearing, determining whether long-term restrictions should be implemented to protect individuals from domestic violence. It emphasizes enforceability and the potential consequences for violations, highlighting its importance in ensuring the safety of victims and their families. Despite its name, it’s not always truly “permanent.” In most cases, it lasts for a set period, usually one to three years, though it can be extended or made indefinite under specific circumstances.

Can a person get a restraining or protective order for emotional harm or manipulation? Is this what the courts define as "coercive control"?

Coercive control is a form of abuse that goes beyond physical violence, targeting a person's autonomy, dignity, and ability to make independent decisions. It involves a pattern of behaviors intended to dominate, manipulate, and isolate someone, often within an intimate or familial relationship. Unlike a single act of violence, coercive control is a sustained campaign of psychological and emotional abuse aimed at breaking down the victim's sense of self and freedom. (Family Code section 6320 (c).)

Types of Coercive Control:

1. Isolation:
   Preventing the victim from seeing friends, family, or support networks. This might include monitoring phone calls, restricting social outings, or controlling where they go.

2. Manipulation and Gaslighting:
   Using lies, contradictions, or denial to make the victim doubt their perceptions and reality. Gaslighting erodes confidence and creates dependency on the abuser for "truth."

3. Economic Control:
   Restricting access to money, forbidding employment, or closely monitoring all financial decisions to make the victim financially dependent.

4. Surveillance and Monitoring:
   Watching the victim’s every move, reading messages, tracking their location, or using technology to invade privacy.

5. Threats and Intimidation:
   Threatening harm to the victim, their loved ones, or pets, or making vague but frightening statements to instill fear.

6. Deprivation of Basic Needs:
   Controlling access to food, medical care, transportation, or even sleep to weaken the victim physically and emotionally.

7. Rules and Punishments:
   Creating rigid, often arbitrary rules and punishing the victim for not following them.

Restraining orders can include:

• Personal conduct orders: Prohibiting attacking, stalking, or communicating with the protected party. These orders are designed to safeguard the protected person from threats or violence, highlighting their rights and legal protections provided during domestic violence cases.

• Stay-away orders: Dictating a distance to be maintained between the parties.

• Move-out orders: Requiring the restrained person to leave a shared residence.

• Loss of Child Custody: A restraining order can significantly impact child custody arrangements because courts prioritize the safety and well-being of children above all else. If a judge believes that one parent poses a threat to the child or the other parent, the restraining order may lead to restrictions on custody and visitation rights. Child support can also be part of temporary restraining orders or the permanent restraining order.

The High Stakes of a Domestic Violence Restraining Order

A restraining order can profoundly impact your life:

• Loss of freedom and access: You may lose the right to visit places you enjoy or to see family members, including your children.

• Mandated Supervised Visitations: Supervised visitation with children can be costly and, if not affordable, can lead to a complete prohibition from family visitation.

• Gun Ownership: You may be forced to sell or surrender any firearms and be barred from purchasing new ones.

• Required Classes: You may be ordered to attend anger management or batterer’s intervention courses.

• Criminal Charges: Violation of a restraining order is a crime, which can lead to arrest, jail time, and additional fines.

• Immigration Consequences: A conviction for violating a restraining order can lead to deportation.

• Public Record: Restraining orders are a matter of public record, which can impact reputation and employment prospects.

Consequences of Violating a Restraining Order

Violating a restraining order in California carries severe consequences that can impact various aspects of your life:

• Arrest and Jail Time: Violating a restraining order is a criminal offense. If you are found to have violated the order, you can be arrested and face jail time.

• Fines: In addition to jail time, you may be required to pay significant fines for violating a restraining order.

• Loss of Custody: If you are a parent, violating a restraining order can result in the loss of custody of your children. Courts prioritize the safety and well-being of children, and any violation can severely impact custody arrangements.

• Loss of Employment: A restraining order violation can lead to job loss, especially if your employment requires a clean criminal record or if the violation affects your ability to perform your job duties.

The repercussions of violating a restraining order are serious and long-lasting, emphasizing the importance of adhering to all court orders and seeking legal guidance if you have any questions or concerns.

How Long Does a Restraining Order Last in California?

The duration of a restraining order in California varies depending on the type of order and the specifics of the case:

• Emergency Protective Order (EPO): An EPO is a temporary order issued by law enforcement and can last up to 7 days. It provides immediate protection until a more permanent solution can be arranged.

• Temporary Restraining Order (TRO): A TRO is a short-term order that lasts until a court hearing, typically scheduled within 21 days. It offers immediate protection while the court considers a longer-term order.

• Domestic Violence Restraining Order (DVRO): A DVRO can last up to 5 years. It provides long-term protection and can be renewed if necessary, depending on the circumstances and ongoing risk.

• Civil Harassment Restraining Order: This type of restraining order can last up to 3 years. Like a DVRO, it can be renewed if the threat or harassment continues.

The length of a restraining order is determined by the court based on the specifics of each case. It’s important to understand the terms and duration of your order to ensure compliance and protection.

We Fight for Your Rights

We know that a restraining order can be based on false accusations or misunderstandings. Whether you are a victim of abuse or facing a false accusation, our team will:

• Gather evidence: We'll meticulously investigate and collect the necessary evidence to support your case.

• Present a strong defense: Our attorneys will develop a strategic defense to challenge the claims against you.

• Protect your rights: We'll ensure your rights are upheld throughout the entire legal process.