California Restraining Orders

California Restraining Orders: What They Are, How They Work, and How We Defend You

If you or a loved one is dealing with a restraining order in California, you're on a fast timeline and strict rules. Whether you were served with papers, arrested and handed a criminal protective order, or you need protection now, our Bay Area criminal defense and domestic violence defense team can help. We defend restraining-order cases in San Francisco, the Peninsula, the South Bay (San Jose), the East Bay (Oakland, Hayward, Fremont), and throughout California.

Quick Definitions & Timelines

• Emergency Protective Order (EPO) — Issued by a judge at the request of police, any time, typically after a domestic-violence call. It starts immediately and lasts the shorter of five court days or seven calendar days.
• Temporary Restraining Order (TRO) — A short-term, ex parte order a judge can issue without you present. A court hearing must be set within 21 days (or 25 days for good cause); the TRO lasts until that hearing (or an extension).
• Restraining Order After Hearing (ROAH / final order) — After the hearing, a judge may issue an order for up to five years. Domestic Violence Restraining Orders (DVROs) can be renewed for five years or permanently without new abuse if the protected party still reasonably fears future abuse.

Types of California Restraining & Protective Orders

California has several civil and criminal protective orders, often issued in connection with assault and battery charges or domestic violence cases. Choosing (and challenging) the right one matters.

1) Domestic Violence Restraining Order (DVRO) — Family Code

Protects someone from abuse or threats by an intimate partner, co-parent, close family, or household member under the Domestic Violence Prevention Act (Family Code §§ 6200–6389). DVROs can include stay-away, no-contact, move-out orders, child custody/visitation, and mandatory firearm relinquishment.

Key timelines & renewal: hearing in 21–25 days; after-hearing orders up to 5 years; renewable for 5 years or permanently.

2) Civil Harassment Restraining Order (CHRO) — CCP § 527.6

Used when parties are not in a DV relationship (e.g., neighbor, roommate, acquaintance). Similar stay-away and no-contact terms; final orders can last up to 5 years.

3) Workplace Violence Restraining Order — CCP § 527.8

Filed by an employer to protect an employee from unlawful violence or credible threats at work.

4) Private Postsecondary School Violence Restraining Order — CCP § 527.85

Filed by a private college/university to protect a student from credible threats of violence on campus; TROs and orders after hearing are available.

5) Elder or Dependent Adult Abuse Restraining Order — Welf. & Inst. Code § 15657.03

Protects elders (65+) or dependent adults from physical, financial, or emotional abuse, including neglect and isolation.

6) Gun Violence Restraining Order (GVRO) — Penal Code § 18100 et seq.

Temporarily removes firearms and ammunition from individuals who pose a significant risk of harm. After an initial ex parte period (up to ~21 days), a GVRO after hearing can last 1 to 5 years.

7) Criminal Protective Order (CPO) — Penal Code § 136.2

Issued in a criminal case (often domestic violence, stalking, witness intimidation). Can prohibit contact throughout the case and, in some situations, post-conviction for extended periods.

What a California Restraining Order Can Do (and Typical Consequences)

A restraining/protective order can:

• Order no contact and stay-away from a person, home, workplace, school, or children's school; require move-out from a shared residence (DVRO).
• Control communication (no calls, texts, DMs, social media tags) and ban third-party contact.
• Affect child custody/visitation on a temporary or longer-term basis in DVRO cases.
• Require firearm and ammunition surrender and prohibit purchase/possession while the order is in effect (Family Code § 6389), with separate criminal exposure if you possess a gun in violation (Penal Code § 29825).
• Order payment of certain costs/fees (e.g., counseling programs, some attorney's fees in DVRO/CHRO matters if statutes allow).

California Restraining Order Procedure: What to Expect

1. EPO stage (police-initiated): Police can reach a judge 24/7; orders last 5 court days or 7 calendar days. Use this time to consult a San Francisco or San Jose restraining order attorney to plan next steps.
2. Filing & TRO: The petitioner files forms; a judge may issue a TRO ex parte. You must be served.
3. The hearing (final order): Held within 21–25 days of TRO grant/denial or filing (if no TRO). Both sides can present evidence, witnesses, messages, and digital exhibits. Orders after hearing can run up to 5 years (DVRO renewals can be 5 years or permanent).
4. Firearms compliance: If an order issues, you'll get specific relinquishment instructions and receipt requirements. Violations trigger separate firearm charges (PC § 29825).

Defense Strategies We Use (Respondents)

As a Bay Area criminal defense lawyer and domestic violence defense attorney, common strategies include:

• Challenging notice/service or jurisdiction defects. (No valid service, no enforceable order.)
• Contesting the facts (credibility issues, inconsistent statements, texts, location data, video).
• Arguing narrow, tailored terms instead of broad restraints.
• Opposing firearm bans where statutes don't apply (e.g., some CHRO contexts) while ensuring DVRO firearm rules are followed to avoid PC § 29825 charges.
• Protecting custody/visitation rights with safe-harbor proposals and supervised-visit options where appropriate.
• Avoiding criminal exposure (PC § 273.6) by counseling clients on strict compliance while we fight the case.

Applicable California Law

• Family Code: §§ 6200–6389 (DVPA); § 6250 (EPOs); § 242 (hearing in 21–25 days); § 6345 (DVRO renewal for 5 years or permanently).
• Code of Civil Procedure: § 527.6 (Civil Harassment), § 527.8 (Workplace Violence), § 527.85 (Private Postsecondary School Violence).
• Welfare & Institutions Code: § 15657.03 (Elder/Dependent Adult).
• Penal Code: § 273.6 (violation of order), § 29825 (firearm possession while under an order), § 136.2 (Criminal Protective Orders), § 18100 et seq. (GVRO).

Why Hire Our Bay Area Team?

We've defended hundreds of restraining-order and domestic-violence-related cases in San Francisco, Oakland, San Jose, Fremont, Hayward, Walnut Creek, Redwood City, and San Mateo courts. If your protective order overlaps with DUI charges (common in domestic incidents that begin with a traffic stop), we also handle California DUI defense, including commercial and truck-driver DUI consequences.

• Decades of courtroom experience in Bay Area courts (SF, Alameda, Contra Costa, Santa Clara, San Mateo, Marin).
• Aggressive motion practice to exclude unreliable evidence and challenge improper service.
• Strategic defense planning for custody, firearms, and immigration implications.
• Discreet, client-first strategy for professionals, students, and non-citizens.