A restraining order is a court protection you can seek if you are a victim of stalking, violent threats, or harassment. Judges issue these orders to prevent perpetrators of these crimes from contacting the alleged victim for a predetermined time or until a court hears and determines an underlying case. California has emergency protective, temporary, and permanent restraining orders. They are issued based on the needs of an alleged victim of abuse and the kind of harm they face. Except for emergency protective orders, which a victim can receive with the help of the police, other restraining orders involve court hearings. A judge considers the risk of harm a person faces to determine the proper protective order to issue.
A restraining order hearing can be long or short, depending on the underlying matter. It helps to work closely with a skilled restraining order attorney to understand what to expect in such a hearing and how to prepare adequately.
What Happens Before a Restraining Order Hearing
California judges issue restraining orders for personal protection. They protect victims of harassment or abuse from sexual abuse, physical harm, and other frightening acts like stalking and harassment. The person who seeks the court’s protection is usually the protected party, and the one against whom the court issues the order is usually the restrained party. Although restraining orders are available for all victims of harassment or abuse, an alleged victim must undergo a court process to obtain one. The judge will require them to explain the danger they face and the type of court protection they need. They must also provide supporting evidence.
You can receive different protection levels from a restraining order. The most common of these include the following:
- A restraining order for personal protection—this protects a victim from physical harm, property loss, sexual assault, stalking, and harassment. It could also protect the victim from damage to personal property.
- A stay-away order—this is a type of restraining order that requires an abuser to stay away and cut communication with the victim. It limits contact between the two before a judge hears and determines their case. The order could carry strict requirements to keep off the victim’s neighborhood, workplace, business premises, or any other place the victim frequents
- In cases of domestic violence or elder abuse, a residence exclusion order may require the restrained person to leave a shared home. This order is prevalent in domestic violence cases, where the victim lives in the same home with their abuser.
Before a restraining order hearing, a victim of harassment or abuse must file a petition seeking a court's protection against their alleged abuser. The type of abuse the victim faces will determine the type of restraining order they will file for. The common types of protective orders in California are:
Domestic Violence Restraining Orders
This is a type of court order that protects victims of domestic abuse or violence. In most cases, they cover people who have a personal relationship with their abuser. A spouse, domestic partner, child, parent, or in-law can obtain a domestic violence restraining order.
Dependent Adult or Elder Abuse Restraining Order
Just as the name suggests, this is a form of protection sought by dependent adults or elders who face abuse at the hands of people who should care for and protect them. If a person is over 65 and they experience neglect, financial abuse, or deprivation of their basic needs, the court can protect them against their abuser. A dependent adult can be of any age, as long as they have a condition (physical, mental, or emotional) that causes them to depend on others for their daily needs.
Civil Harassment Restraining Orders
California courts issue these to protect victims of abuse who do not have any kind of relationship with their abuser. A person facing harassment, stalking, or abuse from a neighbor, colleague, employer, or distant relative can benefit from this protection.
Workplace Violence Restraining Orders
These are issued to victims of workplace harassment or abuse. You can seek a court’s protection if you face threats of violence, stalking, or harassment while at work or out of work but on a work-related engagement.
After filing a petition for protection, the judge reviews the application and schedules a hearing. However, they must prepare the petition well to increase their chances of obtaining a favorable response from the judge. They must fill in the paperwork required to provide all the information the court needs to decide the matter. The information required includes their identifying details, the nature of abuse or threats they face, any evidence to support their claims, and the kind of protection they need from the court.
Working with a skilled restraining order attorney is advisable to ensure the applicant fills in the paperwork correctly. Some mistakes in the filing process can also harm their chances of obtaining the court’s protection. A skilled attorney will know what is needed and how best to present your petition for a successful outcome.
After reviewing your petition, the judge can issue a temporary restraining order (if necessary). A TRO offers temporary protection to the victim before the court hears and determines the underlying case. In a domestic violence situation, it will separate the victim from the abuser and cut any form of communication that could harm the underlying case. It also protects victims of abuse who cannot defend themselves, like children, the elderly, or dependent adults.
TROs are usually valid for 21 days. They take effect once the alleged abuser receives the paperwork from a process server. During the 21 days, the judge will review the case and evidence to determine whether to discontinue the TRO or issue a more permanent protection.
How Restraining Order Hearings are Conducted
Once the applicant receives a protective order, they must serve the restrained person for the order to take effect. The order will also contain a hearing date on which the protected and restrained persons must appear before a judge. Restraining order hearings are conducted by judges who hear statements and testimonies and review evidence to give a final verdict. Thus, both parties will have an opportunity to present their case before the judge.
These hearings start with the petitioner’s testimony. The petitioner, who usually is the person seeking a court’s protection, explains their situation, fears, worries, and the kind of protection they need against their abuser. They also present evidence to support their claims, including pictures, videos, communications, proof of injuries, and police reports. They can also call eyewitnesses and expert witnesses to testify on their behalf. If the protected person has legal representation, their attorney will present the testimony.
Once the petitioner gives their testimony, the judge allows the restrained person to present their defense. The court must hear both parties for a fair hearing and verdict. The evidence from the restrained person will mainly refute the petitioner’s allegations.
Finally, the judge issues the final verdict after carefully considering the petitioner’s and respondent’s testimony. The case's conclusion will include the judge’s decision to grant or deny a protective order. If the judge grants the petitioner’s request, they must specify the order's restrictions. For example, the judge can issue a residence exclusion, requiring the restrained person to vacate a home they share with the petitioner. They can issue contact limitation orders, which limit interactions between the two parties and any other person involved.
Remember that evidence is critical in restraining order hearings. Both parties must present evidence to support their side of the story. Generally, judges favor the party with the most substantial evidence. Thus, you must prepare well for a restraining order hearing. Gather any relevant documents that could help with your case. Look for police reports and pictures, videos, electronic messages, emails, or eyewitness accounts to support your claim.
Strategies to Win a Restraining Order Hearing
In a protective order hearing, the petitioner and respondent stand an equal chance of winning. Judges mostly rule in favor of the party with the strongest case or evidence. It helps you prepare well for the hearing to improve your chances of winning. If a petitioner wins, they can enjoy peace and safety without worrying about threats of violence, stalking, abuse, or harassment from their abuser. If the respondent wins, they can live their lives freely without worrying about the limitations of a restraining order. Here are some of the strategies that can help you win the case:
Prepare and Organize Your Evidence
Remember that evidence is critical in supporting your case during a protective order hearing. It is crucial for the parties involved to have solid evidence to support their claims. The evidence must be relevant to the case and important enough to prove your claim. For example, proof of communication between the parties can support or refute a domestic violence case. Evidence of physical injuries or pictures of property damage can support a petitioner’s case.
Prepare Well for the Hearing
Whether you are the petitioner or face false accusations, you must prepare well for a restraining order hearing. Remember that the judge allows both parties to present their case. If you are ill-prepared, it gives the other party an upper hand in the case. Preparing well for a court hearing starts with hiring a skilled attorney, reviewing your case, and gathering evidence. It also involves examining the case details with your attorney and looking for weak points that could ruin your chances of winning.
Present Your Claim or Defense During the Hearing
You must also be willing to present your case to a judge. In a case involving two or more parties, each side has a story to consider before the judge issues a final verdict. All court hearings must be fairly conducted to ensure all parties have an equal chance of winning. If only one party presents their case, the ruling will not be fair to the other party. Since everyone can present their case at a restraining order hearing, take advantage of that opportunity to give your side of the story.
Present Witnesses During the Hearing
Eyewitness testimony will likely strengthen your case, giving you a better chance of winning a restraining order hearing. Talk to people who know your case and are willing to testify. A witness can accurately account for a particular incident or demonstrate an ongoing incident that could change the court’s view of a particular case. There is usually no limitation to the number of witnesses you can have in one hearing. You should interview them separately, document their testimony, and ask them to attend the hearing.
Express Your Interests to the Court
A petitioner and respondent must know what they intend to achieve after a restraining order hearing. Ensure that your particular interests are known, and present your case for those interests. Once the judge understands your needs, they can give a verdict that aligns with those interests.
For example, in a domestic violence case involving children, a petitioner can express their fear for the safety or wellbeing of the children. Respondents can also express their desire to remain in their children's lives. If the alleged abuser poses a risk to the children, the desires of the petitioner will be considered. However, if there is no proof that the respondent is a danger to the children, the judge can grant their wishes.
Find a Skilled Restraining Order Attorney Near Me
Obtaining a restraining order is necessary if one or more parties are facing threats of harm, stalking, or harassment. A victim of abuse can be assisted to petition the court for protection by a skilled restraining order attorney. After receiving the order, the attorney can ensure that the restrained person accepts and understands the order. A restrained person can seek the assistance of an attorney to understand their limitations and rights.
At Goldman Flores Restraining Order Law Firm, we offer legal guidance, advice, and support to California restraining order petitioners and respondents. We ensure our clients understand their part and adhere to all the restraining order requirements to avoid additional legal issues. Contact us at 213-341-4087 for help obtaining a protective order or if someone has obtained one against you. We will discuss your case and our service further.
