How should I respond to a restraining order in California? Do they grant these things easily?
Question: How should I respond to a restraining order in California? Do they grant these things easily?
Answer: Generally, courts grant temporary restraining orders pretty easily…but there is a more detailed Court hearing(s) to determine if longer or more permanent orders will be given by the Court. Prior to the hearing you can file a response to their restraining order to explain your side of things and defenses to the allegations made against you. There are different strategies in doing this depending on the situation.
As mentioned above, there will be a Court hearing where the Judge determines whether or not a more permanent restraining order will be filed against you, and what the details of that restraining order will include. That is when you (or preferably your attorney) can present witnesses and cross-examine the Petitioner and their witnesses (should they have any). It is important to avoid a permanent restraining order if possible as it will appear on your CLETS record and can have other adverse consequences.
There is more information on Restraining orders here: Restraining Order information
Call me at 818-336-1384 if you would like to discuss further.
Phil Hache, Attorney
Restraining Orders, Petitioner and Respondent representation.