When you receive a notice that the court has issued a restraining order against you, it means someone has convinced a judge that you might be a threat to them. Also, the fact that a restraining order has been issued shows that the person has shared enough information with the courts for them to take it seriously.

However, not every request for a restraining order is valid, and sometimes a court might mistakenly issue one. These orders can also be based on false or exaggerated claims, which can seriously affect your personal and work life. If you are facing a restraining order that you think is unfair, you may have the right to file a restraining order appeal. This blog will discuss restraining orders and how you can appeal them in California.

What are Restraining Orders?

A restraining order is a court order that helps protect one party from physical or sexual abuse, stalking, threats, or harassment. A judge issues it to stop the person named in the order, called the respondent, from contacting or getting close to the person who asked for it, known as the petitioner. The order can also have extra conditions, like making the respondent move out of a shared home or give up any firearms they may possess.

In California, a petitioner can file any of the following types of restraining orders:

• Domestic Violence Restraining Order—A petitioner can request a DVRO if they need protection from someone they were in a serious relationship with, such as an ex, spouse, or the other parent of their child. They could also need protection from a close family member like their child, parent, grandparent, or sibling, but not from aunts, uncles, or cousins.
• Elder Abuse Restraining Order—The court can issue an elder abuse restraining order to protect anyone who is 65 years or older, or a dependent adult, from another person, like their adult child or caretaker, who is abusing or neglecting them.
• Workplace Violence Restraining Order (WVRO)—In California, employers can keep WVROs to keep their employees safe from people who have threatened or committed violence at work. These orders stop the person from coming to the workplace or reaching out to the employee.
• Civil Harassment Restraining Order—The court can issue a CHRO if a petitioner wants protection from someone they have never had a close relationship with, and they are not a close family member. A CHRO can be issued against a neighbor or a coworker.

What is an Appeal?

An appeal is a legal proceeding that lets people ask a higher court to review a decision made by a trial court. The purpose of these appeals is to find any legal mistakes the court might have made. If the higher court finds errors, it can completely change or adjust the original decision.

The restraining order appeal process focuses only on the legal side of things, ensuring that the laws were followed when the court reached its decision. An appeal is not a chance to present new evidence, arguments, or witness statements. It is a legal way for a higher court to check if a lower court made a legal mistake that affected the outcome.

If you are not sure whether you can appeal a restraining order, you should talk to a knowledgeable restraining order attorney as soon as possible. You have a tight deadline to file your appeal after the court’s decision, and if you miss it, you will not be able to appeal, no matter how strong your case is.

The Process of Filing Restraining Order Appeals

You can receive a notice of a restraining order and an information sheet in the mail or in person from the court. An information sheet explains what the court order means and how to respond.

The first thing you should do after receiving the notice is contact a knowledgeable restraining order lawyer who can get a copy of the hearing transcript and file a proper Notice of Appeal within 60 days.

In appellate courts, three judges look over all the documents and evidence related to a case to see if the original judge made the right call. Judges are human and can make mistakes by not fully considering or analyzing the evidence presented. However, this appeal can only use the evidence and information that were presented in the original hearing.

The appellate court does not look at any new evidence, arguments, or circumstances when making its decision. They also cannot question the credibility of the original testimonies that influenced the first ruling. The appellate court’s job is just to see if the evidence backs up the judge’s original decision.

Also, filing an appeal does not give you the go-ahead to violate the restraining order by contacting the person it is meant to protect.

Here are some tips for preparing and defending yourself against a restraining order.

Read the Whole Restraining Order

You should read the entire order so you do not accidentally violate any rules.

You should also read it to:

• Determine the date of the court hearing and the deadline for response documents
• Understand the accusations made against you, along with any proof, and
• Be aware of your rights, such as the right to be informed of the hearing, to provide evidence, and to have legal representation.

The right to legal counsel does not imply free counsel. Restraining orders are considered civil issues, meaning you do not have the right to a public defender or a court-appointed lawyer (this right is granted only to indigent defendants in criminal cases).

Contact an Attorney Who Handles Restraining Orders

You can represent yourself in a restraining order case without needing a lawyer. However, it is generally advisable to reach out to a restraining order attorney. If you have been issued a domestic violence restraining order, you can find a lawyer who focuses on divorce or family law cases. They may have handled their fair share of restraining orders and have a lot of experience with these cases. You should examine the restraining order with your lawyer and discuss all the claims and proof. The lawyer can help you formulate a defense and advocate for you in court.

Collect and Sort Your Evidence or Documents

You or, with the help of your attorney, should:

• Collect any physical evidence related to the incidents mentioned in the petition, like photos, videos, and other items
• Put together any documents or records that might be relevant to the case, including emails, letters, GPS and phone records, computer files, receipts, and anything that shows where you were during the incident
• Create a list of potential witnesses. Include everyone you believe has information about the incident, the claims being made, or the petitioner, and get their contact details

Before the judge gives a permanent order, the person making the claim needs to show that their allegations are true, usually by proving it is more likely than not. The details mentioned can really help you challenge or disprove what the petitioner says.

For example, you could prove you were at a concert or out of town when the supposed incident happened. Or maybe your phone records could show that the petitioner is wrong about you making a bunch of calls or sending texts. If the petitioner claims you keep driving past their house, your GPS records could help you prove that is not true. You should share this kind of information with your lawyer and bring it up in court.

Attend the Hearing

You do not have to go to the court hearing, but if you skip it, the court will probably issue a permanent order. This permanent order often has stricter conditions than the temporary one. For example, depending on the restraining order issued, it might:

• Set temporary rules for child visitation and custody
• Allow the petitioner to keep the home and vehicles temporarily
• Require the respondent to cover the petitioner’s rent, bills, and child support
• Ban the respondent from owning firearms
• Decide who takes care of the family pets

The hearing could be your only opportunity to share your side of the story and ask the petitioner questions about their claims.

Make sure you arrive at court on time. When you talk to the judge, refer to them as “Your Honor,” and remember to only speak when they ask you to.

Considerations Before Filing an Appeal

Before you file an appeal, there are a few things you need to consider:

• In most cases that require a RO, a judge often starts by issuing a temporary restraining order (TRO). This TRO is a short-term measure that aims to protect the person who requested it until a full hearing can take place. If you have a temporary order in place, get ready for the upcoming full hearing, which happens before any appeal
• You also only have 60 days to file a Notice of Appeal after a full restraining order is issued in California. If you do not act quickly, you will miss your chance to contest the order. The restraining order stays in effect while your appeal is being processed, and you have to follow its rules
• You need to have a reasonable reason to file the appeal. When you file an appeal, you have to present solid reasons why you need to appeal. Essentially, you need to show that the trial court made a significant legal or procedural mistake when it issued the order. For instance, you might have a strong case for an appeal if the judge did not consider important evidence that proves you did not do what you are accused of
• You can also ask for a modification of the order to your court order instead of going for an appeal. The modification process is simpler and focuses on making reasonable changes to the order, rather than trying to overturn the court’s decision

Why You Should Appeal a Restraining Order

As a respondent, you might mistakenly think that a restraining order only limits where you can go by keeping you away from the petitioner. While that is true, it is not the only disadvantage of a restraining order. Having a restraining order on your criminal record can lead to several issues:

• Housing – It can be tough to find a place to live with a restraining order. Since you cannot be near the individual protected by the order, this might limit your housing options
• Immigration – If you are not a U.S. citizen, having a restraining order can hurt your chances of getting a green card or a U.S. visa
• Employment – Employers might hesitate to hire you because a restraining order can raise safety concerns. If you are applying for a job that requires a security clearance, they are more likely to see your record
• Professional Licenses – Some jobs require licenses or certifications that involve background checks. If your restraining order shows up, it could affect your ability to get certified

After you figure out that you have a good reason to appeal, you should speak with a lawyer who can give you legal advice and help you through the whole process. Appealing to a higher court requires careful preparation, paying attention to the details, and knowing the rules and laws. You will want a skilled attorney to write an appellate brief for the court that explains why you are appealing.

Legal Defenses to a Restraining Order

You can raise various defenses to contest a restraining order, including:

Absence of Proof

You may contend that the evidence is insufficient to justify the court granting you a RO, for example, when the petitioner’s claims rely on hearsay.

False Accusations

You may also claim that the accusations are false. You can assert this defense if you can present evidence that counters the petitioner’s claims, like witness testimonies. Not only that, but you can also show that the petitioner had motives for making false accusations against you, such as wanting to take custody of your children.

Self-Defense

With self-defense, you can claim that you were defending yourself if the allegations involve claims of physical violence. You can raise this defense if you can demonstrate that you were afraid of impending harm from your accuser and that your actions were essential to defend yourself.

No Jurisdiction

You can contend that the presiding court cannot issue a restraining order because it does not have the right to do so. You might bring this up if the incidents of harassment or domestic violence happened outside the court’s jurisdiction.

First Amendment Rights

You could say that the RO goes against your First Amendment rights, like the right to speak freely or meet up with other people.

Find a California Restraining Order Attorney Near Me

If someone has filed a restraining order against you, you do not have to go through the restraining order appeal process all by yourself. The appeal process can be tricky, but a restraining order attorney can guide you through the legal system and make sure your rights stay protected at every stage. At Goldman Flores Restraining Order Law Firm, our California restraining order attorneys are dedicated to protecting our clients’ rights and interests. If you have questions about appealing a restraining order, we are here to help. Call us today at 213-341-4087 for a consultation.