California Restraining Orders

A temporary restraining order expires when a hearing is held to decide whether it should be converted into a permanent order. The court most often issues temporary orders in emergencies or when there is an imminent danger.

In an urgent situation, the court doesn't require the respondent to be present or even given notice of the hearing. These temporary orders typically last for a matter of days to a matter of weeks, until something more substantial is put in place.

Permanent restraining orders require a higher burden of proof. This means the person requesting the order must demonstrate to the court the necessity of ongoing protection.

The court only orders permanent restrictions after a hearing. In these cases, the respondent must be notified and given the opportunity to tell their side of the story. Permanent restraining orders can remain in effect for up to five years.

Divorce cases that involve allegations of domestic abuse complicate the matter. And every situation plays out differently. Because restraining orders have so many variables, it's impossible to predict an outcome without knowing all the facts.

That being said, common issues often arise in divorces that involve protection orders.

• If you have filed for a protection order from your spouse, the court will likely impose restrictions on their access to the marital home as well as issuing temporary child custody and visitation orders.
• Restraining and protection orders serve a very important purpose in shielding people from dangerous situations. However, we have seen parties seek them as a way to leverage their position and to manipulate their case.
• For those falsely accused of domestic violence, dealing with a protection order posses a whole host of challenges. They face potential criminal charges, the court may evaluate custody issues, and more. It can be an uphill battle.

Because of their impact, restraining orders should not be taken lightly.

If you face divorce or custody issues and need protection, or have a restraining order against you, the first thing you should do is speak to an experienced family law attorney. Your attorney will guide you through the process and make sure to protect your rights throughout the process.