In California, restraining orders are powerful legal tools that can dramatically affect a person’s daily life. They are often issued quickly and have immediate consequences. If you’ve been served with a restraining order—or are considering filing for one—it’s important to understand what it is, what it does, and how it may impact your legal rights, employment, relationships, and even your freedom.

At Flore Legal Allies, we represent individuals facing criminal charges, including those dealing with the legal and emotional challenges of restraining orders. With offices in San Diego and Los Angeles, we bring clarity, strategy, and calm to what is often a very stressful legal situation.

What Is a Restraining Order?

A restraining order (also known as a protective order) is a court-issued command designed to protect one person from harassment, abuse, threats, or violence by another. It typically prohibits the restrained person from contacting, approaching, or harassing the protected individual.

There are different types of restraining orders, each with its own legal implications:

  • Domestic Violence Restraining Orders (DVRO)
  • Civil Harassment Restraining Orders
  • Workplace Violence Restraining Orders
  • Elder or Dependent Adult Abuse Restraining Orders
  • Criminal Protective Orders (issued in criminal cases)

Each type has its own set of rules and requirements, and the court takes these orders seriously. Violating one—whether intentionally or not—can lead to arrest, fines, or even jail time.

Who Can Request a Restraining Order?

The person seeking a restraining order (called the "petitioner") can be:

  • A current or former spouse
  • A dating partner
  • A roommate
  • A relative (e.g., parent, sibling, child)
  • A co-worker or employer
  • A neighbor or acquaintance (in civil harassment cases)

In cases involving domestic violence, the relationship must meet specific criteria under California Family Code §6200.

What Does a Restraining Order Do?

A restraining order can include several restrictions, such as:

  • Prohibiting personal, electronic, or third-party contact with the protected person
  • Requiring the restrained person to move out of a shared residence
  • Mandating a certain physical distance from the protected individual (e.g., 100 yards)
  • Surrendering any firearms or ammunition
  • Prohibiting the visitation of children without court-approved supervision

These orders can also show up on background checks, which may affect employment, housing applications, and immigration status.

Types of Restraining Orders in California

1. Emergency Protective Orders (EPO)

Issued by law enforcement with judicial approval, typically after an incident. These are temporary and only last for up to 7 days.

2. Temporary Restraining Orders (TRO)

Short-term orders granted before a full court hearing. They usually last about 20–25 days.

3. Permanent Restraining Orders

If the judge finds enough evidence of abuse or threats at the hearing, a restraining order can be extended for up to 5 years.

4. Criminal Protective Orders

Issued during criminal proceedings when a defendant is charged with a violent offense. They may last until the end of the case or longer.

How Restraining Orders Affect Your Life

The consequences of a restraining order go beyond not being able to contact someone. Here are some of the ways it can impact you:

1. Criminal Record and Arrest

Even if the original restraining order was civil, violating it is a criminal offense. You can be arrested and charged with a misdemeanor or felony, depending on the circumstances.

2. Loss of Firearm Rights

Most restraining orders prohibit gun ownership. If you own a firearm, you will likely be required to surrender it to law enforcement or sell it.

3. Custody and Visitation

If children are involved, the order may affect your ability to see them. Supervised visitation or complete loss of custody may be ordered in domestic violence cases.

4. Employment Issues

Restraining orders may show up in background checks. If you work in law enforcement, healthcare, education, or other sensitive fields, your job could be at risk.

5. Immigration Consequences

Non-U.S. citizens could face immigration consequences, especially if the order is linked to domestic violence or criminal conduct.

6. Reputation Damage

Even if no criminal charges are filed, restraining orders are public records. They can affect your reputation in your community, workplace, or family.

How the Legal Process Works

Step 1: Filing the Petition

The petitioner files a request for a restraining order with the court. This may include statements, police reports, photos, or medical records.

Step 2: Temporary Restraining Order (TRO)

If the court finds the request credible, it will issue a temporary order without hearing your side first. You will be served with this order, and a court date will be scheduled.

Step 3: The Court Hearing

This is your opportunity to defend yourself. You can present evidence, call witnesses, and tell your side of the story. If the judge finds the petitioner’s claims convincing, the order can become permanent.

Defending Against a Restraining Order

Being served with a restraining order can feel overwhelming—especially if the claims are false, exaggerated, or taken out of context. At Flore Legal Allies, we defend against restraining orders by:

1. Examining the Evidence

We review the petitioner’s evidence for inconsistencies, gaps, or contradictions. A strong defense often lies in the details.

2. Gathering Your Evidence

We work with you to collect texts, emails, videos, eyewitness statements, and other documentation that shows your side of the story.

3. Cross-Examining the Petitioner

If there’s a court hearing, we carefully question the petitioner to test the truth of their statements and expose any motivations for false claims (e.g., custody battles, breakups, revenge).

4. Clarifying Misunderstandings

Sometimes what looks like harassment is a misunderstanding or poor communication. We explain this to the judge in a clear, logical way that humanizes your side of the story.

5. Negotiating for Dismissal or Modification

In some cases, we may be able to resolve the matter outside of court or reduce the severity of the order.

What to Do If You've Been Served

If you’ve been served with a restraining order:

  • Do not contact the protected person, even to “clear things up.”
  • Read the order carefully — understand all restrictions and the hearing date.
  • Comply with all terms, including moving out or surrendering firearms if required.
  • Call a defense attorney immediately — the sooner you act, the more options you’ll have.

Common Misconceptions About Restraining Orders

“It’s Just a Civil Order. It’s Not Serious.”

False. A violation can lead to criminal charges, including jail time.

“I Can Explain Everything to the Protected Person Directly.”

No. Any contact—even a text—can be a violation. All communication must go through legal channels.

“I Don’t Need a Lawyer. I’ll Just Tell My Side.”

That’s risky. Restraining order hearings are legal proceedings, and judges don’t always have time to consider emotional explanations. Legal representation increases your chance of success significantly.

How Flore Legal Allies Can Help

At Flore Legal Allies, we understand that every restraining order case is deeply personal. Whether you’re fighting a false accusation or navigating the legal limitations of an order already in place, we provide strategic, compassionate defense that brings clarity and peace of mind.

We listen to your side of the story—without judgment—and fight to protect your rights, reputation, and future. From San Diego to Los Angeles, our clients trust us because we don’t just defend you—we stand with you as your legal allies during one of the most stressful chapters of your life.

If you're dealing with a restraining order and aren’t sure what to do next, contact us today for a confidential consultation.