Most people learn how California restraining orders work on the day one lands in their lap. By then, the clock is already running. That is the warning from Power Trial Lawyers, the Los Angeles firm behind The Restraining Order Law Firm, which is urging people to understand their rights before that day comes. The firm says a temporary restraining order can be granted in about a day, and the full hearing may be only about three weeks away.
"That isn't much time to understand what the order says, gather your evidence and decide how to respond," said Matthew Barhoma, the firm's founder. "People make the worst mistakes in those first few days, usually because nobody told them the rules." Barhoma has practiced law in California since 2017 and has appeared as a legal analyst on CNN and Fox News. He has also been quoted by Forbes and the Associated Press.
Restraining orders in California are not limited to relationships. The firm says the most common situations include a breakup or separation that leads to a domestic violence restraining order, often while custody or a shared home is also in question; a dispute with a neighbor, roommate or acquaintance that turns into a civil harassment restraining order; a family conflict over an aging parent, which can lead to an elder or dependent adult abuse restraining order; and a concern about someone's access to firearms, which can lead a family member or police officer to seek a gun violence restraining order.
For people who have been served, the firm recommends several steps right away. Follow every term of the order exactly, even if you believe it is unfair, because violating a restraining order is a crime in California, even if the other person reaches out first. Stop all contact with the protected person, including texts, social media and messages passed through friends. Follow any firearm or move-out terms by the deadlines in the order. Save evidence now, as texts, call logs, emails, photos and receipts can disappear or get deleted. And talk to a lawyer before saying anything on the record, especially if there is also a criminal case, where you may have the right not to testify.
"A restraining order can follow you well past the courtroom," Barhoma said. "Depending on the type, it can last up to five years, affect your right to own a firearm and, in domestic violence cases, weigh against you in a custody decision. You have the right to a hearing and the right to tell your side. Those rights matter most when you use them early."
The standard of proof also changes by type. A domestic violence restraining order requires the person asking for it to show it is more likely than not that abuse occurred. Civil harassment and gun violence restraining orders require clear and convincing evidence, a higher bar.
For people seeking an order, the firm says a clear, well-supported request carries more weight than a long one. It recommends writing down specific dates and exact words, keeping copies of messages and police or medical records, and asking for protections that fit the situation, such as stay-away, firearm and move-out terms. "Whichever side you're on, the judge is going to look at the evidence, not the emotion," Barhoma said. "The people who come to court prepared are the ones who get heard." The firm has taken restraining order cases to trial, including a recent Riverside County case in which a civil harassment restraining order was defeated at trial and more than 40 firearms were released to the client. Prior results do not guarantee a similar outcome in future matters.
Power Trial Lawyers handles restraining order cases in Los Angeles, Orange, Riverside and San Bernardino counties. People with questions can visit Power Trial Lawyers or powertriallawyers.com.
