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What happens in California when someone files a restraining order against you? - Answer by Hripsime Bagdasaryan
In California, when an individual files a restraining order against another person, the process typically begins with the judge granting a temporary restraining order, often on the same day or the following day after the request is made. This decision is made without hearing from the individual against whom the order is sought. The temporary restraining order becomes fully enforceable once the individual is served with a copy.
The temporary restraining order will include a scheduled court date for a hearing, during which the individual will have the opportunity to present their side of the case in response to the request for the restraining order. Upon being served, the individual must refrain from any contact with the person who filed the order and must surrender any firearms they possess within 24 hours.
After the hearing date is established, the individual can file a written response and present their account of the situation. During the hearing, the judge will evaluate the evidence from both parties to determine whether to issue a permanent restraining order. If granted, a permanent restraining order can last for up to five years and may be renewed.
It is important to note that while the restraining order itself is a civil matter, violating its terms can result in criminal charges, which may be classified as a misdemeanor or, in severe cases, a felony. Violations can also impact various rights, including firearm possession, custody arrangements, employment opportunities, and background checks.
If a permanent restraining order is issued, the individual is prohibited from contacting or communicating with the person who filed the order in any manner. The specific terms of the order will be detailed within the document. For those served with a temporary restraining order, it is crucial to avoid any contact with the other party, maintain thorough records, and consider hiring an attorney to assist with the hearing process.