California Restraining Order Lawyer

When someone's actions (whether harassment, threats, or abuse) make you feel unsafe, California law offers a powerful tool for protection: the restraining order.

This is a court order that establishes legal boundaries another person is forbidden to cross. A judge can grant a restraining order to stop a wide range of behaviors, from direct contact to threats of violence. The goal is to create a legally enforceable space so you can move forward without fear. The process involves filing the correct paperwork and presenting your case to a judge, steps that must be handled with precision.

At Wade Litigation, we handle the legal filings and court appearances, allowing you to focus on your well-being. Our team is here to give you clear, straightforward information about how these orders work and the steps involved in securing one.

If you have questions about your situation and need to understand your options, call us at 888-705-5059.

Key Takeaways for California Restraining Orders

1. The right order depends on your relationship with the other person. California has different restraining orders for domestic partners (DVRO) and for other individuals like neighbors or coworkers (CHRO), each with specific legal standards.
2. A temporary order provides immediate protection. A judge can grant a Temporary Restraining Order (TRO) based on your initial paperwork, which typically lasts 20-25 days until a full court hearing can be held.
3. Violating a restraining order is a crime. Once an order is in place, any violation, even a single text message, can lead to criminal charges, including fines and jail time under California Penal Code § 273.6.

Why Wade Litigation Is the Right Partner For Your Restraining Order Case

When you are in a vulnerable position, the legal system might appear complicated and intimidating. The process for obtaining a restraining order requires precise paperwork, strict deadlines, and a court hearing where you may have to face the person you are seeking protection from.

A simple mistake on a form or a failure to present your evidence clearly might lead a judge to deny your request. This is the last thing you want when your safety is on the line.

At Wade Litigation, we guide you through every step with calm, focused advocacy. Our approach is built on providing you with direct, personal attention.

Proven Experience and Leadership

Led by founder Amiel Wade—a former San Jose Police Officer and an award-winning trial attorney with over twenty-five years of experience—our firm brings a unique blend of legal skill and firsthand insight into personal safety matters. Amiel Wade’s credentials are exceptional:

• A J.D. from Rutgers Law.
• Numerous accolades like the Martindale-Hubbell Honor of Distinction and 10.0 Avvo rating.
• Recognition as a Top Ten California Attorney.

His leadership has propelled the firm to successfully represent hundreds of clients, including delivering victories in high-stakes, emotionally charged cases such as restraining orders.

Award-Winning Client Service

What truly sets us apart is our relentless focus on client satisfaction. Don’t take our word for it: client testimonials consistently highlight our attorneys’ empathy, responsiveness, and ability to guide our clients through highly stressful situations with calm, thorough explanations and unwavering support.

Our firm’s culture revolves around making the legal process as stress-free and empowering as possible—from the first phone call to case resolution. We’ve earned recognition as one of the top ten firms in client satisfaction in California for good reason: clients feel heard, protected, and informed every step of the way.

Systematic Advocacy and Results

Wade Litigation’s approach is methodical and thorough: our team meticulously prepares every detail, from initial filings to courtroom presentations, knowing exactly what evidence judges need to hear to grant restraining orders. We combine deep procedural knowledge with persuasive storytelling and strategic argument, ensuring no aspect of a case is overlooked.

What Are the Different Types of Restraining Orders in California?

The type of order you can request depends on your relationship with the person you need protection from.

• Domestic Violence Restraining Order (DVRO): You may seek a DVRO if you have a close relationship with the person, such as a spouse or ex-spouse, a partner or ex-partner, someone you date or used to date, or a close family member. These orders protect against physical abuse, threats, stalking, harassment, and conduct that disturbs your peace. The law defines "disturbing the peace" broadly as behavior that destroys your mental or emotional calm, including controlling behaviors or other forms of non-physical abuse.
• Civil Harassment Restraining Order (CHRO): This order is for situations involving people you do not have a close family or dating relationship with, such as a neighbor, a coworker, or a stranger. A CHRO protects against harassment, stalking, or credible threats of violence that cause you significant emotional distress.
• Elder or Dependent Adult Abuse Restraining Order (EA-RO): These orders are designed to protect individuals who are 65 or older, or dependent adults (ages 18-64) with certain disabilities. They can stop physical or financial abuse, neglect, abandonment, or isolation.
• Workplace Violence Restraining Order (WVRO): An employer can request this type of order to protect an employee from violence or a credible threat of violence that has occurred at the workplace.

What Protections Can a Restraining Order Provide?

A judge can tailor a restraining order to fit the specific needs of your situation. Some of the most common protections include:

• No-Contact Orders: Prohibiting any form of contact, including phone calls, texts, emails, social media messages, or contacting you through other people.
• Stay-Away Orders: Requiring the person to remain a specific distance away from you, your home, your workplace, and your children's schools.
• Move-Out Orders: In domestic violence cases, the court can order the abusive person to move out of a home you share.
• Child Custody Orders: A DVRO might include temporary orders for child custody and visitation to protect your children.
• Firearm Restriction: A person subject to a restraining order is legally prohibited from owning, possessing, or buying firearms or ammunition.

How Do I Get a Restraining Order in California?

A California restraining order attorney manages this process for you.

Step 1: The Initial Filing for Temporary Protection

The process starts when you file a request with the court. You will need to complete several forms that detail the abuse, harassment, or threats and explain why you require protection. Based on your written request, a judge can grant a Temporary Restraining Order (TRO). A TRO is a short-term order that provides immediate protection until a formal court hearing can be held.

Our role is to ensure your forms are filled out correctly and that your declaration (your written statement of facts) clearly and powerfully tells your story in a way the court will understand.

Step 2: Serving the Papers

After the court issues the TRO and sets a hearing date, the other person must be formally notified. This is a legal requirement known as "service of process."

You cannot serve the papers yourself. They must be delivered by another adult who is not part of the case, such as a friend, a professional process server, or a law enforcement officer. Without proper service, the court cannot make long-term orders at the hearing.

Step 3: The Court Hearing

The court hearing is your opportunity to present your case to the judge and explain why you need a long-term restraining order. The other person has the right to be there and tell their side of the story. This is where you present your evidence.

What is the best evidence for a restraining order?

A judge needs to see a pattern of behavior or a credible threat of harm. Useful evidence includes:

• Digital Communications: Save all threatening or harassing text messages, emails, voicemails, and social media messages or comments. Take screenshots and print them out.
• Photographs: Pictures of any injuries or damaged property are powerful. Be sure the photos are time-stamped if possible.
• A Written Log: Keep a detailed timeline of events. Write down the date, time, location, and a description of what happened for each incident. Include any police report numbers.
• Witness Testimony: If someone else saw or heard the harassment or abuse, they may be able to testify on your behalf. This could be a neighbor, coworker, or family member.
• Medical Records: If you sought medical attention for any injuries, those records can help document the physical harm you suffered.

We will help you organize this evidence and present it effectively. At the hearing, we speak on your behalf, make the necessary legal arguments, and question any witnesses.

Step 4: The Judge's Final Decision

After reviewing the evidence and listening to both sides, the judge decides whether to grant a final restraining order. These orders can last up to five years. If the judge grants the order, it is officially filed and entered into a statewide law enforcement database. This allows any police officer in California to see that the order exists and enforce it.

What If a Restraining Order is Filed Against You?

Being served with a restraining order is a serious legal matter with significant consequences, and you should not ignore it.

First, read the Temporary Restraining Order carefully. It will list specific rules you must follow immediately, such as having no contact with the other person and staying a certain distance away from them. Violating the TRO is a crime, even if you believe the allegations are false.

You have the right to attend the court hearing and present your side of the story. This is your opportunity to respond to the allegations and submit your own evidence. Failing to appear at the hearing will likely result in the judge granting a final, long-term restraining order against you.

A final restraining order can impact your life in several ways:

• It may appear on background checks.
• You will be prohibited from owning or possessing firearms.
• It might affect child custody and visitation arrangements.

What Happens After a Restraining Order is Issued?

Once you have a restraining order, there are a few practical things to keep in mind.

Keep a Copy With You

You should always carry a certified copy of your restraining order. Keep another copy in a safe place, like your car or at work. If you need to call the police to report a violation, having the order available helps them enforce it quickly.

Reporting Violations

Any breach of the order's terms is a violation. This includes actions that seem minor, like a single text message, a social media comment, or asking a friend to pass along a message. If the restrained person violates the order, you should:

• Call 911 immediately if you believe you are in danger.
• Report every violation to the police. This creates an official record of the person's non-compliance. A knowing violation of a protective order is a criminal offense that can result in fines and jail time.

Renewing a Restraining Order

As the expiration date of your five-year order approaches, you have the right to ask the court to renew it. You can request a renewal for another five years or, in some cases, permanently. To grant a renewal, a judge generally needs to find that you still have a reasonable fear of future harm from the other person.

Domestic Violence in California: A Look at the Numbers

If you are considering a restraining order, you are not alone. In one recent year alone, law enforcement agencies in California responded to over 160,000 calls related to domestic violence, which averages out to about 18 calls every hour. Statistics show that 34.9% of women and 31.1% of men in California will experience some form of intimate partner physical violence, sexual violence, or stalking during their lifetimes.

A Deeper Look Into the Numbers:

• Urban counties account for over 128,000 of these annual calls, highlighting the prevalence in densely populated areas.
• Shelter access remains a challenge. Approximately 68% of shelter requests in the state go unmet, pointing to significant gaps in available support resources for survivors.
• In another recent year, firearms were involved in 42% of the state's 155 domestic violence–related homicides, and assaults involving everyday objects (belts, tools, doors, and more) have increased, now making up nearly one in ten incidents.

Frequently Asked Questions

Can I get a restraining order based on text messages alone?

Text messages, emails, and social media posts can be strong evidence, especially if they show a pattern of harassment or contain credible threats. However, a judge makes the final decision based on the total circumstances. It's best to present all available evidence, such as a log of incidents and any witness statements, to build a more persuasive case.

What happens if the other person doesn't show up to the court hearing?

If you have proof that the other person was properly served with the court papers and they do not attend the hearing, the judge can (and usually will) make a decision without them. This is called a "default" ruling. The judge will review your evidence and may grant a final restraining order that lasts up to five years.

How much does it cost to get a restraining order?

In California, there are no court filing fees to request a restraining order for protection from domestic violence, civil harassment, or elder abuse. You may have costs related to hiring a professional process server to deliver the court papers to the other person, but in some cases, you can ask the sheriff's department to serve them for free.

Will a restraining order show up on a background check?

Yes, a final restraining order is a public court record and may appear on certain types of background checks, particularly those for law enforcement or government jobs. For the person seeking protection, it does not appear as a negative item. For the restrained person, it can have consequences for employment and professional licensing.

Take Control of Your Safety. Let Us Handle the Rest.

At Wade Litigation, we build strong, fact-based cases that get results. We know how to move fast, present compelling evidence, and protect your rights in and out of the courtroom.

If you feel unsafe, take the first step toward safety and resolution. Call us now at 888-705-5059 for a confidential consultation. We’re ready to act whenever you are.