A temporary restraining order (TRO) protects domestic violence victims from their abusers. It is a short-term measure against harm, abuse, or threats. A temporary restraining order has conditions that might affect some of your rights, and violating these conditions might lead to charges of restraining order violation.

A violation could subject you to legal implications like an arrest warrant or a permanent restraining order being issued against you. If you have been issued a TRO or are facing charges for violating one, get in touch with a restraining order lawyer to help guide and defend you.

Goldman Flores is a Los Angeles restraining order law firm that handles all issues regarding restraining orders. If an order is issued against you or you want to enhance your safety by seeking a temporary restraining order, we are the go-to restraining order law firm in the Los Angeles area.

An Overview of Temporary Restraining Order

A temporary restraining order is a short-term protective order granted by the court. It protects the petitioner from threats, harassment, or abuse until a hearing is held. The person who files for a restraining order is known as the ‘protected party.’ The one issued a protective order is known as the ‘restrained person’.

A temporary protective order can be issued without your knowledge as the restrained person. It enables the petitioner to seek protection immediately if they feel endangered. TROs provide fast remedies to a situation before the court can take a closer look.

A TRO contains several conditions, including:

  • No calls or talks between you and the petitioner
  • You have to maintain a specific distance from the petitioner
  • Refrain from activities you used to engage in together

The temporary restraining order can last for about 21 days. After this period, a hearing is conducted to decide whether a more permanent restraining order is needed.

Types of Temporary Protective Orders

There are different types of temporary restraining orders. They depend on the relationship between you and the alleged victim. Each type of protective order addresses specific kinds of harm or threat that may occur in different surroundings. You could face civil and criminal penalties if found guilty of violating any of them. They include:

  • Domestic violence temporary protective orders
  • Civil harassment temporary protective orders
  • Dependent adult or elderly abuse temporary protective orders
  • Workplace violence temporary protective orders

     1. Domestic Violence TROs

A domestic violence temporary restraining order is issued in cases where you are accused of abusing a close relative. This restraining order is meant to safeguard your alleged victim from any type of physical, sexual, or emotional abuse.

     2. Civil Harassment TROs

Civil harassment restraining orders involve people who do not have an intimate relationship. They could include neighbors, friends, or family members who are not spouses or partners. You could be issued with this type of protective order if you harass or stalk your victim.

     3. Dependent Adult or Elder Abuse TROs

These restraining orders are meant to safeguard the elderly (persons 65 years of age and older) and dependent adults (persons between 18 and 64 who are impaired because of a physical or mental disability). Any family member, friend, or caregiver can approach a court and petition for this kind of restraining order on their behalf.

     4. Workplace Violence TROs

These are intended to address violence in a workplace setting. Workplace violence restraining orders safeguard employees from threats or actual violence in the workplace. They are usually sought by an employer where one employee has been harassed and threatened by another.

An Order to Leave My Home Due to A Temporary Restraining Order

A temporary restraining order (TRO) in California can force you to leave your home in specific circumstances. For example, if issued with a domestic violence TRO, you would be expected to move out if there is a condition to stay away from your spouse or sibling. This requirement is invoked if the court feels that the petitioner is in imminent danger from you.

If this ‘move out’ order is part of the TRO, you must leave your home immediately. You have to stay away until the court hearing. The judge will look at all the circumstances surrounding your case at the hearing. They will then determine whether the protective order should be made permanent. If you violated any of the TRO’s conditions, the judge will make the protective order permanent.

How Long a Temporary Restraining Order Takes

In California, a Temporary Restraining Order (TRO) usually takes between 21 and 25 days. These 21 days are set to give petitioners instant relief as they await the court hearing. The hearing occurs within 3 weeks of the TRO being granted. At this hearing, you and the petitioner will present your witnesses and evidence, and argue your cases before the judge.

If, after the hearing, the judge believes that the petitioner still requires protection, they may grant an extended restraining order. This extension can last between one and five years. However, if there is no reason to extend the restraining order, it will expire after 21 days. This will free you from any restraints.

The Temporary Restraining Order Process

The procedure for acquiring a temporary protective order is relatively swift. It is designed to provide immediate protection to a person who feels endangered.

Filing Paperwork

A petitioner (the person who wants the protective order) fills out and submits paperwork to the court. The paperwork entails details of harassment or abuse. It also contains reasons why the petitioner feels threatened or is at risk of harm. The petitioner can ask the judge to issue the TRO without you being aware.

Granting the Temporary Restraining Order

After filing the paperwork, a judge will review the request (within a day) and decide whether a TRO should be granted. If the judge finds sufficient reason for protection, they will issue the TRO; the order takes effect immediately.

A temporary restraining order can bar you from communicating or being near the petitioner. It may also have conditions like moving out of your family home or avoiding certain places. You will have to fulfill these conditions till the court hearing.

Court Hearing

At the court hearing, you and the petitioner will present your cases and present your evidence and witnesses to convince the judge that either of you has a valid argument. The petitioner will present a case to convince the judge beyond reasonable doubt why the protective order should be extended. At the same time, you will argue to prove your innocence.

The judge may make the restraining order permanent if there is probable cause for an extension. However, the protective order will expire if there is no probable cause.

What A TRO May Demand of You

A temporary restraining order in California may contain several conditions you must fulfill. These conditions are meant to protect the petitioner. Though the terms vary from one case to another, some common conditions include the following:

  • No Contact with the Petitioner

A TRO will require you to refrain from communication, whether by phone, text, or face-to-face. Even indirect contact through third parties is usually forbidden.

  • Stay Away Orders

A temporary protective order could demand you not come within a specified proximity of the petitioner. You are not to go to their home area, workplace, or school. You are also not supposed to be anywhere close to the area the plaintiff frequently visits.

  • Temporary Custody Orders

A TRO could set provisions for temporary physical child custody. This is so if you and the petitioner are in a relationship and have children. The protective order could set conditions for your access to the children. This order protects the petitioner and the children during the restraint period.

  • Restrictions on Firearms Ownership

A temporary restraining order, per California Penal Code 29825, bars you from owning, buying, or purchasing firearms. You are required to surrender any firearms you might be possessing to the police or sell them to a licensed gun dealer.

Legal Consequences for Violating A Temporary Restraining Order

Violating a restraining order in California is a grave offense. It can result in severe penalties impacting your future job prospects and relationships. Also, it can lead to an entry in your criminal record.

California Penal Code 273.6 prohibits knowingly violating any condition of a restraining order. To secure a conviction, the prosecution must prove the following elements without a reasonable doubt:

  • The court issued a restraining order per the law
  • You knew about the restraining order
  • The conditions set were bearable, and you could have followed them
  • You willingly violated the conditions

Violating a restraining order is a misdemeanor. If convicted, penalties could include up to 1 year in jail and fines of up to $1000. Your punishment will depend on how you violated the restraining order.

If your violations involved harming or beating the petitioner, the court may charge you with a felony. A felony violation of a restraining order has much more severe penalties. If convicted, you could face up to 3 years in prison and pay fines of up to $10,000.

You could also face additional penalties, such as losing child custody arrangements or visitation rights. A conviction could also result in compulsory counseling and anger management classes. Therefore, you should seek advice from your attorney to help you avoid violating restraining orders.

Effects of a TRO on My Gun Rights

A TRO can severely affect your right to buy, own, or try to obtain ammunition or firearms. Per California Penal Code 29825, if served with a temporary protective order, you should surrender any firearm you possess within 24 to 48 hours.

You must hand in your firearms to a police officer or sell them to a licensed gun seller. You should file an affirmation with the court to prove you have surrendered your firearms. This will act as evidence that you have complied with the order. However, if you violate Penal Code 29825, you could face a lifetime ban on the use of guns.

Immigration Consequences of a TRO

A violation of a temporary restraining order could negatively affect your immigration status. It could lead to your deportation or being deemed inadmissible into the state. Immigration agents take restraining order violations seriously, especially in domestic violence cases. You want to consult a lawyer immediately if you are served with a TRO as a non-citizen.

Your lawyer will advise you on how to conduct yourself during the restraining period and help fight the TRO. However, if you violated the order, your attorney will review your case and give legal counsel. They will also help you build a solid defense strategy.

What to Do After Receiving a Temporary Restraining Order

If you are served with a temporary restraining order, the first thing you should do is learn about it. This will help you manage your case correctly and avoid making mistakes. You should take the following steps once you receive a TRO:

  • Read Through Carefully: You should read through each condition carefully. The conditions could include no-contact, stay-away, and firearms restraint orders. Failure to follow these conditions could lead to severe penalties.
  • Comply Immediately: After reading, you should comply with the conditions set. The state is very particular about TROs; any breach, however minor, is punishable.
  • Document Your Actions: You should maintain documentation of your compliance. For example, if you move out of a shared residence or turn in your firearms, you should note it all. Documenting these facts will act as evidence of compliance. Your lawyer can use this evidence to argue in your favor.
  • Seek Legal Advice: Speak with a criminal defense lawyer who has handled cases involving restraining orders. Your lawyer can represent you, assist you through the TRO process, and develop solid evidence to present in court.
  • Prepare for Hearing: The TRO hearing is usually conducted within a few weeks of the restraining order being served. You should prepare your evidence promptly. You can defend yourself at the hearing and deny any allegations against you. You can also respond to any evidence presented against you.

Fighting a Temporary Restraining Order in California

Fighting a protective order in California is critical if you feel that the order is unfair and false. You should seek the services of a TRO defense lawyer who can help you build solid defenses to fight the restraining order. They include the following:

Gather Evidence

The first step is to gather facts that are in your favor. Evidence can include emails, texts, and photographs. Having an alibi, too, will weaken the petitioner's case. Your evidence should show that you did not threaten, harm, or harass the alleged victim.

File a Response

After you have been given a TRO, you can respond to it in writing to the court. In your response, you should explain what occurred in your own words. The information you provide should refute the claims against you. Your lawyer will assist you in better articulating your side of the story. They will also ensure you do not incriminate yourself.

Attend Hearing

At the hearing, you should be calm and composed. Also, make sure that the evidence you present is understandable. You should also take the time to make a brief presentation before responding to questions from the judge. You can only fight a TRO by attending court.

Present Your Witnesses

You could bring along a witness who can vouch for you in court. What the witnesses say may assist in strengthening your argument. This could result in the restraining order being revoked.

Also, when you engage the services of a lawyer who has previously dealt with a TRO, your chances of defeating it are high.

Defenses to Temporary Restraining Order Violation Accusations

The penalties for violating a protective order are very severe. You should, therefore, retain an experienced attorney. They will help you build solid defenses that could see your charges dismissed. Some of the common defenses for TRO violation accusations include the following:

  • Lack of knowledge
  • No Willful Violation
  • Lack of clarity in the protective order
  • False allegations
  • Emergency Situations

Lack of Knowledge

You are not guilty of violating a temporary protective order if you prove you did not know about it. For example, you could say you have never received a copy of the order. The copy could also have been sent to the wrong address or was mishandled.

To be convicted, you must have knowingly violated the temporary restraining order. For example, Jane files a petition for a protective order against Peter. However, she gave Peter’s former email address when filing her paperwork. When the mail is sent, it does not reach Peter. Two days after the TRO was issued, Peter sees Jane, walks towards her, and greets her. Peter has not violated any TRO here, as he does not know of it.

You Did Not Violate the TRO Willingly

You are only guilty of violating a TRO if you willingly violate it. Your lawyer can argue that even though there was a violation, it was not deliberate. You can also say that you tried so hard to meet the conditions of the protective order.

For example, John goes to the club and touches Sharon by mistake. Sharon had filed a petition for a protective order against John 10 days ago.

He is not supposed to be near Sharon. However, he did not know Sharon was also in that same club. He also did not see her when he touched her because it was dark. Here, John is not guilty of willingly violating a TRO.

Lack of Clarity in  the Temporary Restraining Order

If the protective order had conditions that were not clear or were vague, you could argue that you did not know what was prohibited by the protective order. The orders must be specific so that you can follow them promptly.  Therefore, you can defend yourself by arguing that they were not clear. Consequently, you missed responding well to the order.

Exemptions in the Order

Temporary restraining orders have exemptions. They can permit some form of contact between you and the protected person. For example, Mary and Simon have a child. Simon filed a petition for a protective order against Mary. Five days after the TRO was issued, Simon had to swap custody of their son with Mary. Hence, they must come into contact, regardless of the restraining order.

Here, as long as Mary acted according to the terms stipulated by the order, she is not guilty of violating it.

False Allegations

Your lawyer could argue that you are a victim of false allegations or over-exaggeration by the other party due to jealousy, revenge, or malice. They can provide evidence such as texts, CCTV footage, or emails to prove your innocence. You can also present witnesses who can vouch for you. Their statements can convince the judge that you did not knowingly violate the protective order.

Emergency Situations

Sometimes, you may violate a protective order to prevent imminent harm to yourself or others. For example, during a child custody swap, Jake realizes that his ex-wife Mercy, who is also the protected party, has fainted. He decides to take her to the hospital and stays with her until she comes through. Here, Jake is not guilty of violating the protective order. He was dealing with an emergency that warranted contact with the protected party.

When you present your emergency case, the judge will consider the circumstances and your behavior during the ordeal. They will then determine if you are at fault or not.

Find a Los Angeles Restraining Order Lawyer Near Me

Temporary restraining order cases can be challenging. Violating TRO terms can attract severe consequences. Therefore, you should consult a lawyer immediately if you are served with a TRO. Your lawyer will help you learn about your rights and advise you on avoiding a violation and fighting the TRO. Your attorney will also help you build solid defenses if you are charged with violating TRO conditions.

If you are in the Los Angeles area, we at Goldman Flores can help you with any issue regarding restraining orders. Whether you are seeking a TRO or are facing charges for violating a restraining order, our attorneys are ready to help you. Get in touch with us at 213-341-4087 to see how we can help you.