San Diego Restraining Order Lawyer

Need help with a restraining order in San Diego, CA? Contact the top San Diego restraining order lawyer to schedule an initial consultation.

If you get served with restraining order papers, your daily life changes drastically within hours. You can’t move around, talk to people, or even get into your own home. These orders have a significant effect on your job, your right to have guns, and your right to see your children. 

On the other hand, if you are the one being harassed, threatened, or abused, getting the proper legal protection becomes your top priority, because mistakes in the process can determine whether the court steps in.

The experienced family law attorneys at Garwood Reeves know how to handle both sides of these critical issues. We have been going to court in San Diego County for decades, so we know how local judges evaluate evidence, what standards they apply, and which strategies work best. We have successfully defended clients against false accusations and gotten protective orders for people who really need them. 

The process for getting a restraining order moves quickly. You can get a temporary order the same day you file, and permanent hearings usually happen within three weeks. This short time frame calls for quick, well-thought-out action. Call our San Diego restraining order lawyers at (619) 505-0930 for help that is specific to your situation.

Why Call Garwood Reeves Now for a San Diego Restraining Order?

Whether you need to file for protection or defend against false accusations, restraining order situations require immediate legal action. Our Certified Family Law Specialists provide same-day consultations to protect your safety and parental rights.

We represent clients in all San Diego County courts, including Downtown, Vista, El Cajon, and Chula Vista. Our decades of combined experience help families navigate these urgent legal matters with compassion and strategic advocacy. Call (619) 505-0930 now for same-day guidance.

What Is a Restraining Order in California?

A restraining order is a court-issued document that legally prohibits someone from contacting, harassing, or coming near you. Once a judge signs the order, it gets entered into the California Law Enforcement Telecommunications System, making it enforceable by any police officer statewide.

Violating any term of a restraining order is a criminal offense under Penal Code Section 273.6. The order can protect you, your children, household members, and even your pets from further abuse or harassment.

Which Type of Restraining Order Do You Need in San Diego?

California recognizes four main types of restraining orders, each designed for specific relationships and circumstances. Choosing the correct type is crucial because each has different filing requirements and standards of proof.

Domestic Violence Restraining Order

A Domestic Violence Restraining Order (DVRO) protects individuals who have close relationships with their abuser. This includes current or former spouses, dating partners, cohabitants, co-parents, or family members.

To obtain a DVRO, you must prove abuse occurred by a “preponderance of the evidence.” A domestic violence lawyer can help gather the necessary documentation to meet this legal standard. This means showing it’s more likely than not that the abuse happened.

Civil Harassment Restraining Order

A Civil Harassment Restraining Order (CHRO) applies when you don’t have a domestic relationship with the person harassing you. This includes neighbors, coworkers, acquaintances, or strangers who stalk, threaten, or harass you.

CHROs require “clear and convincing evidence,” which is a higher burden of proof than DVROs. You must show that the harassment is highly probable and ongoing.

Elder or Dependent Adult Abuse Restraining Order

This order protects seniors aged 65 and older, plus dependent adults between 18 and 64 who have physical or mental disabilities. The abuse can be physical, emotional, financial, or involve neglect by caregivers.

A conservator, trustee, or other authorized person can file on behalf of a vulnerable adult if the vulnerable adult cannot file themselves.

Workplace Violence Restraining Order

Employers are the only ones who can file workplace violence restraining orders to keep employees safe from violence or credible threats at work. Individual workers can’t file this kind of order on their own; they need to ask for a DVRO or CHRO instead.

Temporary vs Permanent: How Long Do Orders Last in California?

Restraining orders aren’t automatically permanent and follow a specific timeline process. Understanding these timeframes helps you prepare for each stage of your case.

Emergency Protective Orders

Law enforcement officers can request Emergency Protective Orders (EPOs) from on-call judges when responding to domestic violence calls. EPOs provide immediate protection for up to seven days, giving you time to file for a longer-term order.

Temporary Restraining Orders

A Temporary Restraining Order (TRO) can be granted “ex parte,” meaning without the other party present in court. TROs typically last 20-25 days until a full hearing can be scheduled at which both sides can present their cases.

The court will grant a TRO if you show reasonable proof that you’re in immediate danger or being harassed.

Orders After Hearing

After both parties attend a court hearing, a judge can issue a restraining order lasting up to five years. These orders can be renewed before they expire, sometimes permanently if the threat continues.

The final order may include specific terms tailored to your situation:

• Stay-away distances: Typically 100 yards from your home, work, school, and your children’s schools.
• No-contact provisions: Prohibiting calls, texts, emails, social media contact, or communication through others.
• Move-out requirements: Ordering the restrained person to leave a shared residence immediately.
• Child custody terms: Temporary custody and visitation orders to protect your children.

How Do You File or Defend a Restraining Order in San Diego?

The restraining order process involves multiple steps that must be completed correctly and within strict deadlines. Whether you’re seeking protection or defending against allegations, each step is crucial.

Prioritize Safety and Preserve Evidence

• Your immediate safety is paramount, but you must simultaneously begin collecting evidence. Critical proof can disappear quickly. You should gather all written communications like texts and emails, take photos of injuries or property damage, collect official police and medical records, and secure witness contact information.

File Forms and Request a TRO

You must file specific court forms depending on the type of order you need. For DVROs, you’ll complete the DV-100 and DV-109 forms. For CHROs, you’ll use forms CH-100 and CH-109.

Our firm handles emergency same-day filings to help you get temporary protection as quickly as possible. We ensure all paperwork is completed accurately to avoid delays or rejections.

Complete Service of Process

California law requires that the other party receive official notice of the TRO and upcoming hearing through “service of process.” This must be done by someone other than you, typically a sheriff’s deputy or professional process server.

Proper service must occur within specific timeframes, or your temporary order may become invalid. We coordinate with reliable process servers to ensure timely, adequate service.

Prepare Exhibits, Witnesses, and Declarations

Strong preparation significantly improves your chances of success at the hearing. We help organize your evidence into clear exhibits, prepare witness testimony, and draft compelling declarations that effectively tell your story.

We also prepare you for potential cross-examination questions from the other party or their attorney.

Attend the Hearing and Present Your Case

At the hearing, the person requesting the order presents their case first, followed by the respondent’s defense. The judge evaluates credibility, evidence quality, and legal standards to make their decision.

Your testimony must be clear, consistent, and supported by substantial evidence. We advocate for you throughout the hearing process.

Post-Order Compliance and Enforcement

If the judge grants your restraining order, the respondent must comply with all terms immediately. This often includes surrendering firearms within 24 hours and avoiding protected locations.

If violations occur, we help you document them and seek enforcement through contempt-of-court proceedings or criminal charges.

Need help filing or defending a restraining order? Contact our San Diego restraining order attorneys at (619) 505-0930.

What Proof Do You Need for a DVRO or CHRO in San Diego?

The evidence required depends on which type of order you’re seeking and the corresponding legal standard. DVROs require proof by “preponderance of the evidence” (more likely than not), while CHROs need “clear and convincing evidence” (highly probable).

Judges look for credible, consistent evidence that supports your claims:

• Documentary evidence: Police reports, medical records, and photographs provide objective proof that’s hard to dispute.
• Communication records: Screenshots of threatening messages, saved voicemails, and email chains show patterns of harassment.
• Witness testimony: Third-party witnesses who saw the abuse or its effects add credibility to your case.
• Pattern documentation: Multiple incidents over time demonstrate ongoing harassment or escalating violence.

What if You Were Just Served with a TRO in San Diego?

If you’ve been served with a Temporary Restraining Order, you must follow all its terms immediately, even if you believe the allegations are false. Violating any part of the order can result in arrest and criminal charges.

Three critical rules you must follow:

• No contact whatsoever: Don’t call, text, email, or communicate through friends, family, or social media.
• Stay away from protected locations: Maintain required distances from their home, work, school, and other listed places.
• Surrender firearms immediately: You have 24 hours to turn in all weapons and ammunition to law enforcement.

Read the entire order carefully and note your hearing date. You typically have 20-25 days to prepare your defense. Contact a restraining order defense attorney immediately to protect your rights and prepare your response.

What Are the Consequences of a Restraining Order in California?

A restraining order creates serious, long-lasting consequences that extend far beyond the immediate restrictions. These impacts can affect your freedom, family relationships, career, and future opportunities.

CLETS database entry: 

The order appears in the statewide law enforcement system, visible to police during any future contact, including routine traffic stops.

Loss of firearm rights: 

You must surrender all firearms within 24 hours and may not purchase any new weapons while the order remains in effect.

Child custody presumption: 

Under Family Code Section 3044, a domestic violence finding creates a legal presumption that awarding you custody isn’t in your children’s best interests.

Employment consequences: 

Many employers conduct background checks that may reveal restraining orders, potentially affecting job prospects and professional licenses.

Immigration implications: 

Restraining orders can negatively impact visa applications, renewals, and naturalization proceedings for non-citizens.

What Happens if a Restraining Order Is Violated?

Violating any term of a restraining order is a criminal offense under Penal Code Section 273.6, regardless of whether the violation was intentional or accidental. Even seemingly minor violations can result in arrest and prosecution.

Violating a restraining order may lead to criminal charges and penalties, including possible jail time and fines. If you have prior convictions or the violation involved violence, prosecutors may charge it as a felony with penalties of up to three years in state prison.

Common violations include contacting the protected person directly or through others, going to prohibited locations, or failing to surrender weapons. Even if the protected person initiates contact with you, responding can still constitute a violation.

Accused of violating a restraining order? Get immediate legal help at (619) 505-0930.

How Do Restraining Orders Affect Child Custody and Support?

Restraining orders, especially those involving domestic violence findings, significantly impact child custody decisions. A San Diego child custody attorney can help navigate these complex intersections between protective orders and parental rights. Family Code Section 3044 creates a rebuttable presumption that awarding custody to someone who committed domestic violence isn’t in the child’s best interest.

This presumption doesn’t automatically prevent you from having custody or visitation, but you must present compelling evidence to overcome it. If false allegations are involved, a parental alienation lawyer can help demonstrate the truth to the court. Courts may order supervised visitation, require parenting classes, or mandate anger management counseling.

Safe exchange locations and communication apps like Our Family Wizard may be required for co-parenting communication. Child support obligations typically continue regardless of custody arrangements.

Can Children and Pets Be Included in a San Diego Restraining Order?

Yes, California law allows protection for both children and pets in restraining orders. Children living with the protected parent are automatically covered under DVROs without the need for separate requests.

For pets, you must specifically ask the judge to include them in the order. Recent California legislation recognizes that abusers often threaten or harm pets to control their victims. The court can order the restrained person to stay away from your animals and prohibit them from taking, hiding, or harming your pets.

Can You Modify, Dismiss, or Renew a Restraining Order?

Restraining orders aren’t permanent and can be modified as circumstances evolve. Three main options exist for altering existing orders.

Modification requests allow changes to order terms when circumstances change. For example, if you need to co-parent effectively, you might request “peaceful contact” exceptions for child-related communications only.

The protected person can make dismissal requests at any time if they no longer feel the order is necessary. However, judges sometimes deny dismissals if they believe safety risks remain.

Renewal applications must be filed within the 3 months prior to the order’s expiration. For permanent orders issued after hearings, renewal often doesn’t require proving new incidents of abuse.

What Does a Restraining Order Lawyer Cost in San Diego?

Legal fees for restraining order cases vary based on complexity and whether you’re filing or defending. Filing fees for most restraining orders range from $435-$450, though domestic violence orders have no filing fee and fee waivers are available for qualifying low-income individuals.

In family court restraining order cases, judges can award attorney’s fees to the prevailing party. Factors courts consider include each party’s financial resources, the reasonableness of positions taken, and whether one party acted in bad faith.

We offer flexible payment arrangements and will discuss fee structures during your initial consultation.

Where Are San Diego Restraining Order Cases Heard?

San Diego County has four central courthouse locations handling restraining order cases:

• Downtown San Diego: 1100 Union Street, San Diego, CA 92101
• Vista: 325 S Melrose Drive, Vista, CA 92081
• El Cajon: 250 E Main Street, El Cajon, CA 92020
• Chula Vista: 500 Third Avenue, Chula Vista, CA 91910

The courthouse where you file depends on where the parties live or where the abuse occurred. Many hearings now offer remote appearance options, making it easier to participate safely.

Ready to Talk? Call Garwood Reeves Today

Restraining order cases require immediate attention and experienced legal advocacy. As Certified Family Law Specialists with decades of experience in San Diego courts, we understand the urgency of your situation and provide compassionate, confidential guidance.

We handle both petitioner and respondent cases and offer same-day consultations when emergencies arise. Our strategic approach protects your safety while preserving your parental rights and reputation.

Protect yourself and your family today. Schedule your confidential consultation by calling (619) 505-0930.

Restraining Order FAQs

How Much Does It Cost to File a Restraining Order in San Diego, and Can Fees Be Waived?

Domestic Violence Restraining Orders have no filing fee, while other types cost $435-$450. If you cannot afford the payments, you can request a fee waiver by filing form FW-001 with the court.

How Much Does a San Diego Restraining Order Lawyer Cost, and Can I Recover Attorney’s Fees?

Attorney fees vary by case complexity, but family courts can order the losing party to pay the winner’s reasonable attorney’s fees. We discuss payment options during your consultation.

Will a Restraining Order Show on My Background Check and for How Long?

Civil restraining orders may appear on certain background checks, especially for jobs requiring security clearances. The order remains in court records permanently unless sealed or expunged.

Can We Get a Mutual Restraining Order or a Peaceful Contact Order?

California courts rarely issue mutual restraining orders; each party must file separately and prove their case. For couples seeking structured separation without criminal implications, legal separation may provide an alternative framework for establishing boundaries. Judges can modify orders to allow “peaceful contact” for necessary co-parenting communication.

Can I Dismiss or Change My Restraining Order Before the Hearing?

Yes, the protected person can request dismissal at any time before or after the hearing. You can also ask the court to modify the terms if circumstances change.