Domestic violence accusations can have immediate and long-lasting effects on your life. Courts often issue domestic violence restraining orders (DVROs) in response to these allegations. These orders, once issued, will severely disrupt your personal and professional relationships. The orders are more than procedural. They have serious implications, affecting your reputation, where you live, and who you interact with. Knowing your rights will help you navigate these situations.

If you have a DVRO issued against you, one of the first questions you may ask yourself is whether you can challenge it. Contesting the order demands preparation and an understanding of the process. The court does not issue these orders lightly. They will evaluate the evidence and testimony to determine the case. That means you have an opportunity to present your case, dispute the claims, and present evidence supporting your case. Your attorney can also help with this, as they aim to have the order overturned or seek modifications to minimize the impact of the order. Below is a guide to help you better understand how to contest the restraining order.

What is a Domestic Violence Restraining Order?

A domestic violence restraining order (DVRO) is a legal tool that allows someone (protected party) who has a close personal relationship with someone (restrained party) to protect themselves from abuse or threats of abuse by that person (restrained party). Courts issue these orders, and they address situations involving:

• Spouses

• Domestic partners

• Cohabitants

• Parents, or

• Former romantic partners

When a DVRO is issued, it imposes several stringent restrictions on the restrained party, which include:

• No contact with the protected person

• No access to particular locations and

• Surrender of firearms

The measures aim to ensure the safety of the victims and impose legal accountability on the alleged offender of the domestic violence dispute. Noncompliance with DVRO can result in dire legal consequences, including additional charges.

There are three main types of DVROs, each designed to meet different degrees of urgency and protection needs. The circumstances dictate what safeguards and timeframes every kind of order provides.

1. Emergency Protective Orders

An emergency protective order (EPO) is a short-term order following a domestic violence incident. Its primary purpose is to provide short-term safety, usually for 7 days. The protected individual has a period to seek a more permanent solution, like a temporary restraining order (TRO).

Law enforcement officers can request an emergency protective order.

2. Temporary Restraining Order

A temporary restraining order (TRO) is the bridge between the immediate protection of an EPO and the long-term security of a permanent order. To request a TRO, a person can file a petition with the court describing the abuse or threats they have experienced. A TRO is granted and lasts for 20 to 25 days to ensure the safety of the protected individual until a full hearing. At this hearing, the court reviews the evidence and decides whether or not to issue a permanent restraining order.

3. Permanent Restraining Order

A permanent restraining order provides extra protection after a court hearing. During this time, both parties have the opportunity to present evidence, appear, and argue their cases. The court will grant a permanent restraining order if there are enough grounds to justify it. These orders typically last for up to five years. If the threat continues, the protected party can request a renewal before the protection period expires.

What a Domestic Violence Restraining Order Could Mean to You

A domestic violence restraining order, once served, has immediate and serious consequences. These orders are so strict that they limit your actions in your life's personal, professional, and legal aspects. A DVRO usually means no contact with the protected person. It may also restrict your access to their home, work, or elsewhere. The court can order you to move out immediately, even though you live on the lease or own the house if you share a residence with the individual. You may then have to scramble to find new accommodations.

DVROs also often require you to turn over weapons and ammunition since it is illegal under both state and federal law for anyone to possess a firearm while under a restraining order. Violating these terms can result in criminal charges, fines, or jail time. A DVRO also affects child custody and visitation rights since the court will prioritize the safety of children. You may face restrictions, including supervised visitation or limited access to your children, which complicates family matters even more.

A DVRO will also affect your legal record as it becomes part of your public history. It can be a problem securing a job or finding a place to live. Potential employers or landlords may run background checks on you, which may raise concerns about you, thus affecting your opportunities.

How to Contest a DVRO

A domestic violence restraining order is a contentious issue, and contesting it requires careful action and a strategic approach. If you challenge the order, it must be done properly and under all procedures and deadlines. Here is a look at each step:

Step 1: Receiving a Notice

Once a judge issues a DVRO issued against you, you will be served with a Notice to Respondent of Entry of Ex Parte Domestic Abuse Protection Order. The order is a formal notice that the court has granted the DVRO ex parte. Ex-parte orders are issued if the court believes there is an urgent risk of harm to the protected party, and the order is issued without the benefit of a prior hearing. When you receive the notice, it will outline the specifics of the order, including the restrictions placed on your behavior and actions.

Instructions on how to avoid contact or proximity to the protected individual or their home, work, or other designated locations will probably be included in the DVRO. As a part of this order, the court might also require you to hand over weapons or ammunition if you own them. Violating these terms can have serious legal consequences, like criminal charges. It will also tell you when you must attend a court hearing to challenge or contest the order.

Receiving a DVRO notice can be overwhelming, but it is important to respond promptly and carefully. You must follow the order until you can argue your case in court. Not doing so could lead to arrest and more legal trouble. You have to know that the DVRO is about the protected party’s safety, which will be reflected in the terms of the DVRO.

To successfully fight a DVRO, you must consult an experienced attorney who can help you navigate the process. Your attorney can help you determine how to present your evidence, what to expect in court, and how to make the best argument for your defense. Further, they can also assist you in understanding your legal rights and ensure you fully know what could happen if you do not comply with the DVRO.

Your attorney may even advise you on how you should respond to any other related legal proceeding, for example, criminal charges or other hearings on child custody arising from the DVRO.

Step 2: Preparing Your Response

When you receive the notification of a domestic violence restraining order (DVRO), you should take immediate steps to prepare to contest the DVRO. The Notice to Respondent of Entry of Ex Parte Domestic Abuse Protection Order states that the court has issued the DVRO immediately, without a hearing, because of perceived immediate risks. The DVRO is effective immediately. However, you have the right to contest it. Proper preparation is crucial to a strong defense.

You should prepare for your case by gathering evidence to dispel the allegations against you. Start by preserving your communication with the protected individual. Gather texts, emails, or social media posts that disprove the DVRO claims. This is your best shot at proving that what was said did not happen. Further, if you have any written record or other documents demonstrating a different account of events or providing context to the situation, include them in your evidence.

You should also consider contacting potential witnesses at the events leading up to the DVRO. Their testimony can, however, be critical in providing an alternative perspective, especially when they can describe the nature of your relationship with the protected individual or clarify any misunderstandings. Witness statements may be used to refute false claims or to show that the DVRO is unnecessary.

Aside from that, you should document your own account and your perspective on what happened. Collect any evidence regarding those incidents if you were falsely accused in a DVRO, or if other conflicts might explain the allegations. The allegations could be among prior allegations of wrongdoing, thus showing a pattern of false reports of domestic violence. This pattern is important to your defense.

After gathering your evidence, your attorney will guide you through the process, organizing the evidence and deciding on the best way to contest the DVRO. Your attorney will explain your legal rights, explain the legal consequences of the DVRO, and help you prepare for the steps to come. Your attorney will also advise you on how best to present your evidence in court and ensure you follow the correct legal procedures.

Step 3: Attending the Hearing

The hearing stage is the most important part of contesting a domestic violence restraining order (DVRO). When you receive the notice and put together your evidence, attending the hearing gives you the opportunity to make your case to a judge. This is your chance to show the judge why the DVRO should be lifted or modified. It is an important part of whether or not your efforts will succeed.

In the hearing, you and the protected individual will have equal opportunity to argue your case. The judge will listen to both sides, weigh the evidence, and consider any testimonies before deciding. All of the evidence you have gathered, including text messages, emails, witness statements, and your own testimony, will be important in helping to show that the DVRO should not be granted or is based on false claims of domestic violence.

Your attorney will guide you through the hearing and present your case. They will know the most effective strategies to present your evidence and the best way to avoid common pitfalls. Furthermore, your attorney will cross-examine any witnesses the other party calls and discredit their testimony if they are inconsistent or lack credibility. The judge will then thoroughly assess the evidence brought forward by both sides before deciding.

Preparation is the key to a successful hearing. You must ensure your evidence is in order, simple, and easy to present. The more prepared your case is, the more likely the judge will consider your submissions. The more precise and stronger your case is, the more likely the judge could rule in your favor.

Furthermore, you need to be calm and composed during the hearing. It can be stressful, and emotions can run high. However, you want to keep a professional demeanor that will reflect positively and help your case. Your ability to present yourself as credible and reasonable will add weight to your argument that the DVRO should not be in effect.

If the hearing suggests that the DVRO was not issued on proper grounds, the judge may dissolve or reduce the restrictions. However, if the judge believes the allegations are credible, the judge could extend the DVRO or make it permanent.

What is the Standard of Proof in DVRO Cases?

In domestic violence restraining order cases, the court decides based on the preponderance of the evidence standard. This means that the petitioner must show that it is more likely than not that the alleged abuse occurred. In essence, their claims must have a probability of more than 50% of being true.

This standard is less strict than the beyond-a-reasonable-doubt standard used in criminal cases. The petitioner does not need irrefutable proof. Instead, they can use witness statements, police records, medical documentation, photos, or messages to make their case. The court will consider all of this to see if these allegations meet the threshold level of proof.

Step 4: The Court’s Decision

After the hearing, the court will decide on the DVRO, which is the last step in contesting the order. All the evidence the judge will hear will be presented during the hearing, and the judge will carefully review arguments made by both sides. The strength of the evidence and each party's credibility will heavily influence the court's ruling.

The judge may dissolve the order if you cannot provide sufficient grounds for the DVRO to be issued or the allegations against you lack merit. That would mean that all restrictions placed on you are lifted, and you would no longer be under the DVRO. However, the DVRO can be extended or even made permanent if the judge believes the allegations and that protection is needed. In these situations, they could impose additional restrictions like a longer time frame for the order or more stringent no-contact provisions.

Sometimes, the judge will choose a middle ground, changing the order to ease some restrictions and retain others. The judge could order that you have little contact with the protected individual or change your working or living conditions to ensure the safety of the protected person.

The courts will send you a copy of the ruling once the presiding judge issues his/her decision. If the judge dissolves the DVRO, you do not have to follow its terms. However, you must comply with the new conditions if the judge extends or modifies the order. You can be arrested for violating the order.

If you disagree, you can explore an appeal. An appeal allows you to challenge the court's decision in a higher court. Based on your case and the ruling, speak with your attorney to determine whether this option is viable.

Appealing the Court’s Decision

If you appeal the court’s order of a domestic violence restraining order, you must meet a particular deadline for filing your appeal. If you miss this deadline, you lose your right to appeal the decision. However, even if you choose to appeal, the DVRO will remain in place pending the appeal. That means you must continue to abide by all the terms of the DVRO, including no contact orders and not going near the protected individual’s home or place of work. Violating these terms during the appeal process can mean arrest or further legal consequences.

An appeal is not a retrial. You cannot present new evidence or reargue your case as you would in a trial. An appeal allows you to review whether the lower court committed a legal error when it issued the DVRO.

So, the appellate court will determine whether:

• The judge made an error in applying the law, or

• Major procedural mistakes occurred during the hearing.

Thus, for your appeal to be successful, you need a valid legal cause to challenge the original ruling.

Appeals are common if the judge:

• Interpreted the law incorrectly

• Applied the law incorrectly to the facts of the case or

• Failed to seriously consider relevant evidence

In this case, you could argue that the judge failed reasonably to weigh in on testimony or to appreciate essential facts that would have led to a different judgment. You may also appeal if you were made aware of the law or if the court failed to apply it to your case if there were significant procedural mistakes, like improper notice or refusal to allow you the opportunity to present evidence or present a defense to the judge. To be considered an appeal, these legal grounds must be substantial. It is not enough to disagree with the decision.

The appellate court will not reexamine your facts, so you need to concentrate on legal errors. Sometimes, the court could decide that the lower court was wrong and may set aside the DVRO or modify its terms. The appellate court can also order the DVRO to be dissolved, reduced, or adjusted. As mentioned, if the appellate court agrees with and upholds the original decision, then the DVRO will still be in place, and you must abide by its terms.

Can You Expunge a Temporary Restraining Order?

In California, obtaining a restraining order removed completely from your record is not usually an option. Restraining orders are civil records, not subject to the same expungement laws as criminal records. However, in some cases, it is possible to minimize the consequences of a restraining order, as addressed above.

If a temporary DVRO was issued against you but the courts denied granting a permanent restraining order, you can petition the courts to have your temporary restraining order (TRO) removed from your record. That means you must file a formal request with the court and explain why the temporary order should no longer remain on your record. The success of this petition depends on you showing that the TRO is no longer relevant or was improperly issued.

Find a Los Angeles Restraining Order Attorney Near Me

Contesting a domestic violence restraining order helps safeguard your rights and seek a just outcome. It can be difficult, but you can challenge the order successfully with thorough preparation, meeting deadlines, and a solid legal strategy. Your actions during this time will determine if the courts lift the restrictions or if you will face long-lasting consequences.

If you want to know how to contest a DVRO in California, you need an attorney familiar with domestic violence cases. They will help you navigate the proper steps to challenge the order, helping you find valid legal grounds to do so. The process can be overwhelming without professional legal support, and the risks of not proceeding with the correct procedures are too profound to risk. Therefore, feel free to take action if you think the DVRO against you is unjust or too restrictive.

Rely on Goldman Flores Restraining Order Law Firm today to look at your situation, evaluate your case, and advocate on your behalf. Your future is too important to leave uncertain. Contact us at 213-341-4087 to protect your rights.