Temporary Restraining Orders

What is a restraining order?
A restraining order (commonly known as a “TRO”) is a court order that can order you to:

• Not contact or go near the protected person,
• Not have a gun or firearm while the order is in effect,
• Move out of the house,
• Follow child custody and visitation orders,
• Pay child support, and
• Stay away from pet(s) named in the order.

Read the order carefully and a have an attorney review it with you. If you disobey the order, you can go to jail or be fined. You can also have a new criminal case filed against you.

What if I have a gun or firearm?
You cannot own, possess, or have a gun or firearm while the order is in effect. If you have a gun now, the judge can order you to turn it in to the police or sell it to a gun dealer.

Should I go to the hearing?
You must personally appear at the hearing date listed on page 1 of the Temporary Restraining Order. If you don't go to court, the judge can make orders against you which may significantly affect your rights and any pending or forthcoming criminal, family law, custody, or civil case.

How do I tell my side of the story?
It is always recommended that you have an attorney file an Answer to the Temporary Restraining Order before the hearing date. You may have a defense, justification or reason for the conduct alleged. You have the right to be heard on the issues and to properly defend yourself. The order may significantly affect your employment, criminal history, ability to see your children, your freedom of movement, your right to possess a firearm, where you reside and the outcome of any other family, civil, or criminal proceeding.

What if I also have criminal charges against me?
It is very typical that a Restraining Order is the first step in the beginning of a criminal case against you. You may not know it yet, but a criminal investigation may be pending as a result of the Restraining Order. Anything you say or write in relation to the restraining order hearing can be used against you in your criminal case. Therefore, it is crucial that your interests be protected and that you are properly advised about how to proceed. Statements made at a court hearing or written in an Answer, Declaration or other response, may later be used to prosecute you or strip you of your rights. You have certain protections, including the right against self incrimination, and you may have several options to properly protect yourself. It is crucial that you retain an attorney who can assist you through both the criminal matter and the Restraining Order proceedings.

Do I have the right to have witness at a court hearing?
You can bring witnesses or documents that support your case, but hearings are traditionally very limited in nature, and therefore the judge may not have enough time to talk to all of the witnesses. An attorney can assist you in preparing for the hearing and presenting the case in the best way possible.

*Remember that there is a statutory time to file witness statements, declarations and an Answer (response) before the hearing.

How long does a TRO order last?
The first (or "temporary") order lasts until your next court date. At that time, the judge will decide to extend or cancel the order. The order can last for up to 3 years, but child custody, visitation, and support orders have different end dates and usually last until the child turns 18.

What happens if I don't obey the court order?
The police can arrest you. You can go to jail and pay a fine. Additionally, new criminal charges may be filed against you.

There are many other types of court orders. Below are a few common California restraining orders and some useful information about each of them.

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