Restraining Orders
California Restraining Orders
Work With a Restraining Order Expert
If you need a relentless attorney who knows the restraining order system inside and out, Attorney Xochitl Carrion is the advocate you want in your corner. Whether you’re seeking protection from harassment, abuse, threats — or you’re defending yourself against false accusations — Xochitl knows exactly how to fight for you. Her courtroom record speaks for itself. In high-conflict cases where safety, reputation, family and future are on the line, she delivers comprehensive protection and results.
What is a Restraining Order in California?
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Prohibit contact (calls, texts, emails, social media)
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Require the restrained person to stay away from your home, work, or school
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Order the restrained person to move out of a shared residence
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Include protections for children and family members
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Require the surrender of firearms and ammunition
What types of Restraining Orders are Available in California?
Domestic Violence Restraining Order
Who Can File? Spouses, ex-spouses, dating partners, close family members
Typical Protections: No contact, stay-away, move-out, child custody, firearm restrictions
Domestic Violence Restraining Order
Who Can File? Spouses, ex-spouses, dating partners, close family members
Typical Protections: No contact, stay-away, move-out, child custody, firearm restrictions
Workplace Violence Restraining Order
Who Can File? Employers for employees
Typical Protections: Protection at the workplace
Civil Harassment Restraining Order
Who Can File? Neighbors, roommates, distant relatives, strangers
Typical Protections: No contact, stay-away
Elder/Dependent Adult Abuse Order
Who Can File? Victims 65+ or dependent adults
Typical Protections: Protection from physical, financial, or emotional abuse
Emergency Protective Order
Who Can File? Law enforcement (for immediate danger)
Typical Protections: Immediate, short-term protection
What is the difference between a Domestic Violence Restraining Order vs. a Civil Harassment Restraining Order?
Relationship
Domestic Violence Restraining Order (DVRO)
Applies to close relationships: spouses, ex-partners, cohabitants, family members (e.g., parents, siblings)
Civil Harassment Restraining Order (CHRO)
Applies to non-close relationships: neighbors, coworkers, acquaintances, distant relatives, strangers
Protections
Domestic Violence Restraining Order (DVRO)
No contact, stay-away orders, move-out mandates, firearm restrictions, custody arrangements
Civil Harassment Restraining Order (CHRO)
No contact, stay-away orders, firearm restrictions (limited cases)
Duration
Domestic Violence Restraining Order (DVRO)
Up to 5 years (renewable)
Civil Harassment Restraining Order (CHRO)
Typically 1–3 years (shorter duration than DVRO)
Violation Penalties
Domestic Violence Restraining Order (DVRO)
Misdemeanor or felony (“wobbler”) with up to 3 years in jail and $10,000 fines for repeat/violent offenses
Civil Harassment Restraining Order (CHRO)
Misdemeanor with up to 1 year in jail and $1,000 fines
Representation for All Types of
Restraining Orders
Do I Need a Domestic Violence or Civil Harrassment Restraining Order?
Domestic Violence Restraining Orders (DVROs):
Require a qualifying close relationship, such as family members, spouses, or romantic partners.
The standard of proof is generally a “preponderance of the evidence,” meaning it is more likely than not that abuse occurred.
DVROs often involve additional issues like child custody, support, and mandatory intervention programs.
Courts may grant temporary protection quickly, followed by a hearing to determine if a long-term order is warranted
Civil Harassment Restraining Orders (CHROs):
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Apply when there is no close or intimate relationship, such as with neighbors, coworkers, roommates (without a romantic relationship), or strangers.
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The burden of proof is higher: “clear and convincing evidence” is typically required to show harassment or credible threats
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CHROs focus on preventing unwanted contact, threats, or harassment, and usually do not address family law issues like custody or support.
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The process also begins with a temporary order, often granted quickly, and proceeds to a hearing for a potential long-term order
Xochitl’s familiarity with both processes ensures that clients receive tailored legal strategies, whether they are seeking protection or defending against a restraining order. Her knowledge of the distinct requirements and court expectations for each type of order allows her to advocate effectively and protect her clients’ rights at every stage.
What Proof Do I Need for a
Restraining Order?
To obtain a restraining order in California, you must present convincing evidence that supports your claims of abuse, harassment, or threats. The type and amount of proof required depends on whether you are seeking a temporary or permanent order, and the type of restraining order involved.
Temporary Restraining Orders (TROs):
For a temporary restraining order, the court requires “reasonable proof” that immediate protection is needed. This standard is relatively low, and your written statement under penalty of perjury, describing specific incidents of abuse or harassment, is often sufficient for the judge to grant short-term protection
Permanent Restraining Orders:
To obtain a permanent restraining order, you must meet a higher standard of proof at the court hearing
Domestic Violence Restraining Orders (DVROs):
The standard is a “preponderance of the evidence,” meaning it is more likely than not that abuse occurred. In practical terms, the judge must be convinced that there is at least a 51% chance the alleged conduct happenedic relationship), or strangers.Civil Harassment Restraining Orders (CHROs):
The standard is typically “clear and convincing evidence,” which requires a stronger and more persuasive showing that harassment or threats occurred
Types of Evidence That Can Support Your Case:
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- Photographs of injuries or property damage
- Text messages, emails, or social media messages showing threats or harassment
- Police reports documenting incidents
- Medical records of injuries sustained
- Witness testimony from people who observed the abuse or harassment
- Video or audio recordings
- Criminal records of the restrained person
Does There Have To Be Physical Abuse For A Restraining Order To Be Granted?
No. Restraining orders can be granted for credible threats, harassment, stalking, or emotional abuse that causes substantial distress. Physical harm is not required.
Can I include my children or family members?
Yes, restraining orders can protect children and other household members.
May Judges Order Restrained People To Attend Classes Or To Receive Treatment?
Yes. Judges often mandate anger management, batterer’s intervention (52-week programs), or parenting classes for DVRO cases involving violence or child custody disputes
How long does a restraining order last?
• Temporary Orders (TRO): 20–25 days (until a court hearing).
• Permanent Orders: Up to 5 years for DVROs; 1–3 years for CHROs. Both can be renewed if safety concerns persist.
Can A Restraining Order Force A Person To Leave His Or Her Own Home?
Yes. Courts can issue "move-out" orders in DVRO cases, even if the restrained person owns or leases the home. This protects victims from shared living spaces with abusers.
What if I’ve been falsely accused?
False or exaggerated claims can have serious consequences. Xochitl can gather evidence, challenge the allegations, and defend your reputation.
Can A Firearms Owner Subject To A Restraining Order Continue Possessing Firearms?
No. Federal and California law require individuals under DVROs to surrender all firearms immediately. Options include selling weapons, transferring them to law enforcement, or storing them with licensed dealers. Firearm purchases are prohibited during the order’s duration.
What Happens If A Person Violates A Restraining Order?
Violations are criminal offenses. Penalties include:
• First offense: Up to 1 year in jail and $1,000 fines (misdemeanor).
• Repeat/violent offenses: Felony charges with up to 3 years in jail and $10,000 fines.
• If prosecuted as a felony, violating a restraining order in California can result in a state prison sentence of up to three years and fines as high as $10,000
Law enforcement can arrest violators immediately, even if the protected person initiates contact.
Can Restraining Orders Be Challenged?
Yes, restraining orders in California can be challenged through several legal avenues. If you believe a restraining order was wrongly issued against you, or if you need to contest its terms, you have the right to seek judicial review or appeal.
Common reasons to challenge a restraining order on appeal include:
• Procedural errors during the hearing (such as improper service or denial of a fair hearing)
Insufficient evidence supporting the order
• Misinterpretation or misapplication of the law by the judge
• Discovery of new evidence that could significantly affect the outcome
If a Restraining Order Is Granted, How Can It Affect Me?
A restraining order can have serious effects on your life, including:
• No Contact and Stay-Away Orders: You may be barred from contacting or approaching the protected person and required to stay away from their home, work, or school.
• Move-Out Orders: You might be ordered to leave a shared residence, even if you own or rent it.
• Firearm Restrictions: You will likely have to surrender any firearms and be prohibited from buying or owning guns while the order is in effect.
• Impact on Custody and Visitation: The order can limit or suspend your rights to see your children or family members.
• Criminal Consequences for Violations: Breaking the order can lead to arrest, fines, jail time, and possibly felony charges.
• Long-Term Effects: Restraining orders can appear on background checks and affect employment, housing, and immigration status.
Because of these significant consequences, it’s important you understand your rights and responsibilities if a restraining order is issued against you.
The Restraining Order Process in California
1. Initial Consultation:
2. Evidence Gathering:
3. Filing Paperwork:
4. Temporary Restraining Order (TRO):
5. Service of Process:
6. Court Hearing:
7. Final Order:
Client Victory:
Long-Term Protection Secured
Why Attorney
Xochitl Carrion Stands Out
- Proven Track Record: Demonstrated success in both obtaining and defending against restraining orders, including complex, multi-party cases.
- Client-Focused: Compassionate, responsive, and dedicated to your safety and peace of mind.
- Local Expertise: Deep knowledge of California law and court procedures.
- Comprehensive Service: From initial consultation to final hearing and beyond, every step is handled with care and precision.
Whether you’re seeking a domestic violence restraining order, need legal protection for abuse survivors, or require an experienced defense against a restraining order, Attorney Xochitl Carrion and Pro Legal Power are here to fight for you.
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