If you’ve been served with a temporary restraining order (TRO) in Inglewood or are facing accusations that may lead to a restraining order, you’re confronting a serious legal matter that can affect your freedom, reputation, custody of your children, employment, housing, gun rights, and fundamental civil liberties. At Tu Defensor Criminalista, we provide aggressive, experienced legal representation to defend against temporary restraining orders and all types of protective orders throughout Inglewood and Los Angeles County.
Temporary restraining orders are emergency court orders that can be issued against you based solely on another person’s written allegations without you having any opportunity to defend yourself before the order is granted. These orders can immediately prohibit you from contacting another person, require you to move out of your own home, restrict your time with your children, force you to surrender firearms, and create a public record suggesting you’re dangerous or abusive—all before you ever step foot in a courtroom. TRO proceedings occur daily at Inglewood Courthouse when individuals file requests for domestic violence restraining orders, civil harassment restraining orders, workplace violence restraining orders, or elder abuse restraining orders based on allegations of threats, harassment, abuse, violence, or unwanted contact. Many people subject to restraining orders are falsely accused by vindictive ex-partners seeking advantage in custody disputes, by neighbors with personal vendettas, by coworkers making exaggerated claims, or by family members involved in disputes over money, property, or relationships. The consequences of having a restraining order issued against you are devastating and long-lasting—permanent restraining orders can last up to five years and be renewed indefinitely, violations result in immediate arrest and criminal charges, restraining orders appear on background checks affecting employment and housing, and the stigma of being labeled an abuser or harasser follows you for years.
We’ve successfully defended hundreds of clients against temporary restraining orders throughout Southern California, achieving dismissals of orders at hearings, negotiated resolutions protecting clients’ rights and relationships with children, modifications of overly restrictive terms, and favorable outcomes that prevent permanent orders from being issued.
Understanding California’s Temporary Restraining Order Laws
California law provides several types of restraining orders, each with different requirements, procedures, and consequences, but all capable of severely restricting your freedoms and rights.
Domestic Violence Restraining Orders (DVRO)
According to the California Courts[1], domestic violence restraining orders are the most common type of restraining order, available to persons in specific domestic relationships who allege abuse.
Who Can Request DVRO:
Current or former spouses or registered domestic partners
Current or former dating partners or people in romantic relationships
Current or former cohabitants (people who lived together)
Parents who share a child together (regardless of marital or dating history)
Close family relationships (parent, child, sibling, grandparent, grandchild, in-laws)
What Petitioner Must Allege as “Abuse”: Under California law, “abuse” for restraining order purposes includes:
Threats to harm you, your family members, or others close to you
Harassment, including repeated unwanted contact, following, or disturbing your peace
Destroying your personal property or belongings
Behavior that makes you afraid or causes serious emotional distress
Important: Petitioner doesn’t need to prove abuse actually occurred to obtain temporary restraining order. Written allegations under penalty of perjury are sufficient for judge to grant emergency TRO ex parte (without you being present or able to defend yourself).
Temporary Restraining Order Process:
Petitioner files request (California form DV-100) with court including detailed declarations describing alleged abuse
Judge reviews request same day or within 24 hours without your presence or knowledge
If judge finds “reasonable proof of past act or acts of abuse,” temporary restraining order is granted immediately
TRO remains in effect until full hearing date (typically scheduled 21-25 days later)
You receive served papers including copy of TRO and notice of hearing date
At hearing, both parties can present evidence, testimony, and witnesses
Judge decides whether to issue permanent restraining order lasting up to 5 years
What DVRO Can Order:
No contact: Prohibits all contact with protected person (in person, by phone, text, email, social media, through third parties, or any other means)
Stay away orders: Requires you stay minimum distance (typically 100 yards) from protected person’s home, workplace, vehicle, children’s schools and daycare
Move out orders: Requires you immediately move out of shared residence even if you own or lease the property
Custody and visitation: Can restrict or eliminate your custody and visitation rights with your children, or require supervised visitation only
Child support: Can order you to pay child support
Spousal support: Can order temporary spousal or partner support
Property control: Can grant temporary possession and control of property, vehicles, or pets
Firearms prohibition: Requires you surrender all firearms within 24 hours and prohibits purchasing or possessing any firearms
Batterer intervention program: Can order you complete 52-week domestic violence treatment program
Attorney’s fees: Can order you pay petitioner’s attorney’s fees and costs
Civil Harassment Restraining Orders
Civil harassment restraining orders apply to situations not covered by domestic violence orders, typically involving people who don’t have qualifying domestic relationships:
Neighbors
Roommates who aren’t romantic partners
Acquaintances
Strangers
Coworkers (though workplace violence orders may also apply)
Anyone not in a domestic relationship as defined by law
What Qualifies as “Civil Harassment”:
Unlawful violence (assault, battery, or other violent acts)
Credible threat of violence (statement or conduct placing person in reasonable fear for their safety)
Course of conduct (pattern of behavior) including:
Following or stalking
Repeated unwanted contact or communication
Harassment, annoying, or alarming conduct
Behavior causing substantial emotional distress
Actions serving no legitimate purpose
Process Similar to DVRO: Petitioner files request, judge may grant temporary order based on written allegations, full hearing scheduled within 21-25 days, respondent receives served papers and has opportunity to defend at hearing.
Workplace Violence Restraining Orders
Employers can seek restraining orders on behalf of employees who’ve experienced:
Violence or credible threats of violence at workplace
Conduct at workplace causing employee to reasonably fear for their safety
Stalking by customers, former employees, or others affecting workplace
Elder or Dependent Adult Abuse Restraining Orders
Designed to protect persons 65 years or older, or adults ages 18-64 with physical or mental limitations, from:
Physical abuse, assault, or battery
Financial abuse, theft, or fraud
Neglect or abandonment
Isolation from friends, family, or support systems
Deprivation of basic needs (food, shelter, medical care)
Emotional or psychological abuse
Temporary Restraining Orders in Inglewood and South Los Angeles
Inglewood, with a population of approximately 107,000 residents according to the U.S. Census Bureau[2], is a diverse, vibrant South Los Angeles community where restraining order proceedings occur regularly at Inglewood Courthouse.
Inglewood Courthouse – Restraining Order Proceedings
Restraining order requests and hearings are handled at:
Inglewood Courthouse One Regent Street Inglewood, CA 90301
This courthouse serves Inglewood and surrounding South Los Angeles communities, processing hundreds of restraining order requests and conducting numerous restraining order hearings monthly.
How to Access Restraining Order Court Services:
Self-Help Center located in courthouse assists with restraining order forms and procedures
Court clerk’s office accepts restraining order filings
Restraining order forms available online through California Courts website
Hearings conducted in designated courtrooms
Free interpreters available for Spanish and many other languages
Assistance available for completing forms and understanding process
Common Inglewood TRO Scenarios
Domestic Violence TRO from Ex-Partners: Most common scenario involves relationship breakups or separations where:
One party files restraining order alleging abuse during or after relationship
Allegations sometimes exaggerated, embellished, or completely fabricated to gain advantage
Custody disputes motivating false or misleading accusations
Financial disputes over property, support, or assets underlying allegations
Restraining order used as strategic litigation tactic in family law proceedings
Anger, revenge, or manipulation driving false accusations
Property line disputes escalate into harassment allegations
Noise complaints and quality-of-life disputes lead to restraining order requests
Parking disputes and street use conflicts become basis for orders
Cultural or language barriers creating misunderstandings and conflicts
Long-running neighborhood feuds resulting in restraining order filings
Minor disputes blown out of proportion
Family Conflicts: Multi-generational households and close family relationships lead to:
Elder abuse restraining order allegations within families
Disputes over property, inheritance, or financial matters
Disagreements about care of elderly relatives
Family members seeking control over vulnerable relatives
Financial exploitation allegations (sometimes true, sometimes false)
Sibling conflicts and family disputes
Workplace and Business Disputes: Restraining orders arising from:
Employment terminations and workplace conflicts
Business partnership disputes
Customer or client conflicts
Harassment allegations in professional settings
False Accusations and Strategic Filing: Many restraining orders based on:
Completely fabricated allegations made for strategic advantage
Exaggerated or distorted accounts of minor incidents
Cherry-picked facts presented without context
Allegations made to gain leverage in custody, divorce, or financial disputes
Retaliatory filings in response to legitimate concerns
Mental health issues of accuser affecting perceptions and claims
Inglewood Police Department and Restraining Orders
When restraining orders are issued or violated:
Inglewood Police Department enforces restraining orders
Violations result in immediate arrest and criminal charges
Officers respond to calls involving restraining order violations
Criminal charges filed with Los Angeles County District Attorney
Los Angeles County Domestic Violence and Civil Proceedings
According to the Los Angeles County Sheriff’s Department[3], domestic violence and restraining order cases remain common throughout Los Angeles County. The Los Angeles County District Attorney’s Office[4] prosecutes restraining order violations as criminal offenses.
Immigration Considerations in Inglewood
Inglewood’s diverse immigrant population faces unique concerns with restraining orders. According to the U.S. Citizenship and Immigration Services[5], restraining orders can affect immigration status:
Restraining orders themselves typically don’t directly trigger immigration consequences
However, underlying conduct alleged (domestic violence, abuse) can affect immigration proceedings
Criminal violations of restraining orders can impact immigration status
False accusations sometimes made against immigrants to create legal problems or gain leverage
Victims of domestic violence may qualify for immigration relief (VAWA self-petitions, U visas)
Complexity requires coordination with immigration attorneys when non-citizens involved
Consequences of Temporary Restraining Orders
Even temporary restraining orders—before any hearing or findings of wrongdoing—create immediate, serious consequences:
Immediate Effects of TRO (Before Hearing)
Prohibited Contact: From moment you’re served with TRO papers:
Cannot contact protected person by any means whatsoever
Cannot go to protected person’s home, workplace, school, or other locations frequented
Cannot contact through friends, family members, social media, or third parties
Must stay specified distance away (typically 100 yards) from protected person
Any contact, even accidental or initiated by protected person, can result in immediate arrest
Residential Displacement: If you lived together with person who obtained restraining order:
Must move out immediately upon being served (even if it’s your home)
Cannot return to residence even to retrieve personal belongings without police escort or court permission
May lose access to your own home where you’re legal owner or tenant
Remain responsible for rent/mortgage payments even though excluded from residence
Child Custody Restrictions: Restraining orders often include custody provisions:
May lose custody of your children immediately
Visitation may be denied entirely or limited to supervised visits only
Cannot pick up children from school or attend school activities
Cannot attend children’s sports, extracurricular activities, or events
No contact with children if restraining order prohibits (depending on specific terms)
Firearm Prohibition and Surrender: Upon being served with domestic violence restraining order:
Federal and California law prohibit you from possessing firearms or ammunition
Must surrender all firearms to police or licensed dealer within 24 hours of being served
Cannot own, possess, purchase, or have access to any firearms during restraining order
Violation of firearm prohibition is separate crime (state and federal charges possible)
Background checks revealing restraining orders to current or prospective employers
Jobs requiring security clearances affected or terminated
Law enforcement careers impossible with restraining order
Some employers terminate employment upon learning of restraining order
Difficulty obtaining certain professional licenses
Jobs requiring firearms (security, armed forces) immediately lost
Stay-away provisions may prevent working if employment and protected person’s workplace overlap
Public Record and Reputation Damage
Court Records: Restraining orders create permanent public court records showing:
Your name as respondent/restrained person
Allegations made against you (abuse, violence, threats, harassment)
Court’s findings if permanent order issued
Available to anyone searching public court records
Appear on background checks for employment, housing, licenses
Cannot be sealed or completely expunged even if restraining order later dismissed
Social and Personal Consequences:
Severe damage to reputation in community
Stigma of being labeled as abuser, violent person, or harasser
Family and friends may believe allegations without hearing your side
Difficulty explaining situation to employers, landlords, or others
Emotional distress, anxiety, and depression from false accusations
Strain on relationships with children, family members, and friends
Social isolation and damage to professional reputation
Long-Term Consequences if Permanent Restraining Order Issued
After hearing, if judge issues permanent restraining order (lasting up to 5 years):
All restrictions and prohibitions of temporary order continue for duration
Firearm prohibition continues throughout restraining order period
Permanent public record of restraining order
Can be renewed for additional 5-year periods indefinitely
May be required to complete 52-week batterer intervention program (for domestic violence orders)
Violations are criminal offenses potentially resulting in jail or prison time
Violations Are Criminal: Violating any term of restraining order is crime:
First violation typically charged as misdemeanor (up to 1 year county jail)
Subsequent violations or violations involving violence can be charged as felony (up to 3 years state prison)
Immediate arrest upon violation
Separate criminal case with all consequences of criminal conviction
Each violation is separate criminal offense
Defenses to Temporary Restraining Orders
Preparing for Restraining Order Hearing
The hearing scheduled 21-25 days after temporary restraining order is issued is your first and often only opportunity to defend yourself and prevent issuance of permanent restraining order lasting up to 5 years.
What Happens at Hearing:
Both parties appear before judge (in person or remotely depending on court procedures)
Each party can present evidence, testimony, documents, and witnesses
You (respondent) can testify, cross-examine petitioner, and present your side
Judge evaluates credibility of both parties and all evidence presented
Judge decides whether petitioner proved by “preponderance of evidence” (more likely than not) that abuse, harassment, or qualifying conduct occurred
If petitioner meets burden of proof, judge issues permanent restraining order for up to 5 years
If petitioner fails to meet burden, restraining order is dismissed
Burden of Proof:
Petitioner (person who requested restraining order) has burden of proving allegations
Standard is “preponderance of evidence” (more likely true than not true—over 50% likelihood)
This is lower standard than criminal “beyond reasonable doubt” but higher than standard for temporary order
You don’t have to prove your innocence—petitioner must prove their allegations
Critical Importance of Hearing: This hearing is typically your only opportunity to prevent permanent restraining order. Preparation is essential.
Common Defenses and Strategies
False Allegations: Most powerful defense when allegations are fabricated, exaggerated, or distorted:
Motivations for False Accusations:
Custody disputes and desire to gain advantage in child custody proceedings
Divorce strategy to gain upper hand in property division or support matters
Revenge for ending relationship or other perceived wrongs
Financial disputes over property, money, or assets
Mental health issues of accuser including personality disorders, delusions, or instability
Influence from friends, family members, or new romantic partners
Immigration fraud or attempt to obtain immigration benefits through victim status
Desire to remain in shared residence and force you out
Proving False Allegations:
Identifying and presenting inconsistencies in petitioner’s written statements and testimony
Demonstrating lack of corroborating evidence (no photos, medical records, police reports, witnesses)
Presenting witnesses who contradict petitioner’s claims or support your version of events
Text messages, emails, social media posts, or other communications showing friendly, normal relationship after alleged abuse
Evidence of petitioner’s continued voluntary contact with you after alleged abuse or threats
Timeline showing impossibility of alleged incidents (you were elsewhere, have alibi)
History of false accusations by petitioner against you or others
Expert testimony on false allegations in custody disputes (when applicable and admissible)
Petitioner’s bias, prejudice, or ulterior motives for making allegations
Self-Defense: When physical altercation occurred but you were defending yourself:
Elements of Self-Defense:
You reasonably believed you or others faced imminent danger of harm
You reasonably believed immediate use of force was necessary to defend against that danger
You used no more force than reasonably necessary under circumstances
You were not the initial aggressor in the incident
Evidence Supporting Self-Defense:
Your injuries showing you were attacked or defending yourself
Witness testimony supporting your account of who was aggressor
Prior incidents showing petitioner’s violence or aggressive behavior toward you
Police reports or 911 calls where you reported petitioner’s violence
Medical records documenting your injuries from petitioner’s violence
History of domestic violence by petitioner toward you or others
Expert testimony on domestic violence dynamics and defensive behaviors
Lack of Evidence: Challenging petitioner’s case by showing insufficient proof:
Vague, conclusory allegations without specific facts, dates, times, or details
No corroboration beyond petitioner’s uncorroborated testimony
No photographs, videos, recordings, or physical evidence
No medical records, police reports, or third-party documentation
No witnesses to alleged incidents (or witnesses contradict petitioner)
Allegations don’t meet legal definition of abuse, harassment, or qualifying conduct under statute
Evidence shows incidents were minor, mutual, isolated, or didn’t cause required fear or harm
Mutual Conflict: When both parties engaged in arguments or conflict:
Relationship involved mutual verbal arguments without abuse
Both parties equally contributed to conflicts
No pattern of abuse, control, or domination by you
Isolated incidents of mutual conflict don’t justify restraining order
Context and circumstances don’t support finding of abuse requiring court intervention
First Amendment Protected Speech: For civil harassment or workplace violence orders based on speech:
Statements or expressions protected by First Amendment
Political speech, opinion, or lawful expression
Speech didn’t constitute “true threats” under constitutional standards
No intent to place person in fear or cause harm
Context shows statements weren’t threatening
No “Course of Conduct”: For civil harassment requiring pattern of conduct:
Single incident insufficient to establish “course of conduct” requiring multiple acts
Incidents too isolated or separated in time to constitute pattern
Contact or conduct had legitimate purpose
No pattern of harassing or alarming behavior
Normal communication or contact mischaracterized as harassment
Constitutional and Due Process Violations:
Restraining order would violate your constitutional rights to free speech, association, or other protected conduct
Order is overbroad, vague, or impermissibly restricts lawful activity
Petitioner failed to properly serve you with notice and papers
No legitimate basis for restraining order under applicable law
Restraining order being used to violate your rights rather than protect petitioner
The Restraining Order Hearing Process
Before the Hearing
1. Hire Experienced Attorney Immediately: Restraining order hearings are quasi-judicial proceedings with serious, long-lasting consequences. You need experienced legal representation to protect your rights.
2. Gather All Relevant Evidence: Collect everything relevant to your defense:
All communications with petitioner (text messages, emails, social media messages, letters, voicemails)
Photographs and videos relevant to allegations or showing normal relationship
Documents supporting your defense (receipts, calendars, records showing you were elsewhere)
Medical records (yours showing injuries from petitioner, or records contradicting claimed injuries)
Police reports, 911 calls, or official records relevant to case
Any evidence contradicting petitioner’s allegations
Character reference letters (prepare in advance of hearing)
3. Identify and Prepare Witnesses:
Determine who can testify supporting your defense
People who witnessed relevant incidents or can contradict petitioner’s claims
Character witnesses who can testify about your peaceful nature and lack of violence
Expert witnesses if applicable (domestic violence experts, mental health professionals, forensic experts)
Ensure witnesses understand hearing date, time, and importance of their testimony
Serve subpoenas on reluctant witnesses to compel their attendance
4. Prepare Your Testimony:
Write detailed chronological account of relationship and alleged incidents
Note specific facts, dates, times, locations contradicting allegations
Identify witnesses present during alleged incidents
Explain context and circumstances petitioner omitted
Document petitioner’s motives for false accusations
Practice testifying clearly, calmly, and credibly
5. Prepare Written Response:
File written response to restraining order request (form DV-120 for domestic violence, CH-120 for civil harassment)
Include your version of events and evidence contradicting allegations
Serve copy on petitioner before hearing
Provide judge with your side of story in writing
6. Understand Hearing Procedures:
Restraining order hearings typically last 30 minutes to 2 hours depending on complexity
Both parties testify under oath
Each party can cross-examine the other
Witnesses testify and can be cross-examined
Documents, photos, and other evidence presented to judge
Judge asks questions and makes determination based on all evidence
At the Hearing
Arrive Early and Prepared:
Arrive at Inglewood Courthouse at least 30 minutes before scheduled hearing time
Bring multiple copies of all documents and evidence (for judge, petitioner, your records)
Check in with courtroom clerk upon arrival
Dress professionally and conservatively
Silence all electronic devices
Wait respectfully for case to be called
Hearing Procedures:
Case Called: Clerk calls case by name and case number
Parties Sworn In: Both parties sworn to tell truth under penalty of perjury
Petitioner Testifies First: Petitioner (person who requested order) presents case first, testifying about allegations
Your Attorney Cross-Examines: We thoroughly cross-examine petitioner to expose inconsistencies, false statements, exaggerations, and motives
Petitioner’s Witnesses: Petitioner may present witnesses; we cross-examine each witness
You Testify: You present your side of story, explaining what really happened
Petitioner Cross-Examines: Petitioner or their attorney may cross-examine you (we prepare you for this)
Your Witnesses Testify: Your witnesses testify supporting your defense; petitioner may cross-examine
Documents and Evidence: Both parties present documentary evidence, photos, text messages, etc.
Closing Arguments: Each side summarizes evidence and arguments (if court allows)
Judge’s Decision: Judge makes decision based on all evidence and testimony
Possible Outcomes:
Restraining Order Denied/Dismissed: Judge finds petitioner didn’t meet burden of proof; temporary order expires; no permanent order issued; you’re free of restraining order
Permanent Restraining Order Granted: Judge finds petitioner proved allegations; issues restraining order for up to 5 years with specified restrictions
Modified Order: Judge issues restraining order but with less restrictive terms than petitioner requested (e.g., allows contact regarding children but prohibits other contact)
Mutual Restraining Orders: Judge issues orders restraining both parties from contact with each other (courts generally disfavored but sometimes issued)
Continuance: Hearing continued to future date for additional evidence, testimony, or legal arguments
Negotiating Restraining Order Resolutions
Sometimes negotiated resolution before or at hearing provides better outcome than contested hearing.
When to Consider Settlement
Advantages of Negotiated Resolution:
Avoids risk and uncertainty of contested hearing
Allows more control over outcome and specific terms
Can protect your relationship with children through negotiated custody arrangements
May avoid formal findings of abuse or violence
Faster resolution allowing you to move forward
Reduced legal costs compared to full contested hearing
Potential Settlement Agreements:
Stipulated Dismissal: Both parties agree restraining order dismissed; petitioner withdraws request
No Further Contact Agreement: Parties agree to avoid contact without formal restraining order and findings
Mutual Stay-Away Agreement: Both parties agree to stay away from each other without formal court orders
Modified Terms: Agreement on less restrictive terms protecting petitioner’s legitimate concerns while preserving your essential rights
Conditional Dismissal: Restraining order dismissed on condition no further incidents occur; agreement can include provisions about conduct going forward
When Settlement Appropriate:
Allegations contain some truth requiring acknowledgment
Risk of adverse outcome at contested hearing is high based on evidence
Preserving relationship with children is paramount concern
Employment or professional situation requires avoiding formal findings or restraining order
Immigration status requires avoiding certain findings or determinations
Pragmatic resolution better serves your interests than protracted litigation
When to Fight at Hearing
Don’t Settle When:
Allegations are completely false and you can prove it
Settlement terms are unacceptable or too restrictive
Strong evidence proves your innocence
Petitioner’s motivations are clearly improper (custody manipulation, revenge, false accusations)
You can win contested hearing based on evidence
Accepting any restraining order creates unacceptable consequences (employment, firearms rights, immigration status)
Your reputation and relationship with children require complete vindication
Modifying or Terminating Restraining Orders
After Permanent Restraining Order Issued
If permanent restraining order is issued against you, options exist for modification or termination:
Requesting Modification: Restrained person can petition court to modify restraining order terms:
Modify to allow peaceful contact for legitimate purposes
Modify child custody or visitation provisions
Allow contact necessary for co-parenting
Modify stay-away distances or locations
Remove restrictions that are no longer necessary
Requirements for Modification:
File request for modification with court
Serve notice on protected person
Show changed circumstances since order issued
Demonstrate modification wouldn’t endanger protected person
Protected person’s input considered but not controlling
Burden on restrained person to prove modification appropriate and safe
Requesting Termination/Dismissal: Either party can request court terminate restraining order before expiration:
Protected person can request dismissal (most likely to succeed since they requested order)
Restrained person can request termination showing:
Circumstances have changed significantly
Restraining order no longer necessary
You’ve complied fully with all order terms
No violations or incidents since order issued
Continued order not warranted based on current circumstances
Judge’s Discretion: Judge has broad discretion to grant or deny modification/termination requests. Even if both parties agree to terminate order, judge can deny request if believes order should remain in place for safety.
Before Restraining Order Expires: Protected person can request renewal of restraining order for additional 5-year period before current order expires:
Protected person files request for renewal
Restrained person has right to oppose renewal at hearing
Protected person must show need for continued protection (though standard somewhat relaxed from initial order)
No new abuse required—continuing fear based on original conduct can justify renewal
Judge can renew order for additional 5 years (or shorter period)
Order can theoretically be renewed indefinitely every 5 years
Violations of Restraining Orders
Never violate restraining order, even if:
Protected person contacts you first (you still cannot respond)
You encounter protected person accidentally (you must immediately leave)
You believe order is unjust or was wrongfully issued (only judge can change or dismiss order)
You need to retrieve belongings from residence (you must arrange police escort or court permission)
Emergency situation involving children (contact police or appropriate authorities first)
Consequences of Violations:
Immediate arrest and booking into jail
Criminal charges (misdemeanor or felony depending on circumstances)
Potential jail or prison sentence if convicted
Violation used as evidence in any subsequent proceedings
Demonstrates lack of respect for court orders
Makes winning future modifications or terminations far more difficult
Additional restraining order or extension of current order
Frequently Asked Questions
Can I contact the person who filed the restraining order to work things out?
Absolutely not. Once served with restraining order, any contact violates the order and subjects you to immediate arrest and criminal prosecution. Contact only through attorneys or in court is permitted.
What if the person who got the restraining order contacts me first?
You still cannot respond or have contact. Protected person can contact you without consequences, but if you respond or reciprocate contact, you violate order and can be arrested. This may seem unfair, but it’s the law. If protected person contacts you, document it but don’t respond, and inform your attorney.
Can I go to my own home if there’s a restraining order?
No, not if restraining order includes stay-away or move-out provisions. Violating stay-away order results in arrest even if it’s your home. Only way to return is obtaining police escort to retrieve belongings, getting court permission, or having restraining order modified or dismissed.
Will restraining order show up on background checks?
Yes. Restraining orders are public court records that appear on most background checks conducted by employers, landlords, licensing agencies, and others. They cannot be completely expunged or sealed even if later dismissed, though dismissal helps minimize impact.
Can I get my restraining order expunged or sealed?
California law doesn’t allow expungement or sealing of civil restraining orders the same way criminal convictions can be expunged. Records remain public, though if restraining order is dismissed at hearing or later, that dismissal appears in records and can be referenced in explaining situation.
What if the allegations are completely false?
False allegations are unfortunately common in restraining order cases, particularly involving custody disputes. You must gather evidence, identify witnesses, and present strong defense at hearing proving allegations are false. With proper legal representation and compelling evidence, false allegation cases can be won, resulting in dismissal of restraining order.
Should I represent myself at the restraining order hearing?
Strongly discouraged. Restraining order hearings are complex legal proceedings with serious, long-lasting consequences. Self-represented parties almost always fare worse than those with experienced legal representation. Rules of evidence apply, legal standards must be understood, and effective cross-examination requires skill and experience. Investment in legal representation is essential.
Can restraining order be dismissed after it’s issued?
Yes, but difficult. You can file motion to modify or terminate restraining order showing changed circumstances, lack of necessity, or that order should never have been issued. However, burden is on you to prove order should be dismissed. Protected person’s agreement to dismissal helps but doesn’t guarantee judge will grant dismissal.
How long do restraining orders last?
Temporary restraining orders last until hearing date (typically 21-25 days). Permanent restraining orders can last up to 5 years. Orders can be renewed for additional 5-year periods indefinitely if protected person requests renewal before expiration.
What if I accidentally run into the person at a store or public place?
Immediately leave the area. Don’t approach, speak to, or make eye contact with protected person. Even accidental contact can be claimed as violation. If encounters are unavoidable due to living in same area, document that contact was accidental and you immediately left.
Will restraining order affect my child custody rights?
Yes, restraining orders often severely impact custody rights. Under California Family Code Section 3044, domestic violence restraining order creates rebuttable presumption that awarding custody to restrained parent is detrimental to child’s best interests. This makes regaining custody very difficult. Protecting custody rights is critical reason to fight restraining orders aggressively.
Can I call the police if the person who got the restraining order is harassing me?
Yes, you can and should call police if you’re being harassed, threatened, or your safety is endangered, even if there’s restraining order against you. You may also be able to seek your own restraining order against them depending on circumstances. Document all harassment and consult with attorney about options.
Why Choose Tu Defensor Criminalista
Extensive Restraining Order Defense Experience: We’ve successfully defended hundreds of restraining order cases throughout Los Angeles County including Inglewood Courthouse, achieving favorable outcomes for our clients.
Understanding of False Allegation Dynamics: We know false accusations are common in restraining order proceedings, particularly in custody disputes, and we aggressively expose motivations behind false allegations.
Thorough Hearing Preparation: We conduct comprehensive investigation, gather all evidence, prepare witnesses, and develop hearing strategy maximizing your chances of defeating permanent restraining order.
Protecting Your Rights and Relationships: We fight to prevent restraining orders that damage your reputation, restrict your relationship with your children, affect your employment, and violate your civil liberties.
Local Inglewood Court Knowledge: We regularly appear at Inglewood Courthouse, are familiar with local judges and procedures, and understand how restraining order cases are handled in this specific jurisdiction.
Bilingual Legal Services: We provide fluent Spanish-language services for clients more comfortable discussing sensitive family and relationship matters in Spanish. Hablamos Español.
24/7 Availability: Restraining orders are emergencies that require immediate attention. We’re available around the clock to provide urgent assistance when you’re served with restraining order papers.
Compassionate Yet Aggressive Representation: We understand restraining orders affect families and relationships. We provide compassionate support and guidance while simultaneously fighting aggressively to protect your rights, your reputation, and your relationship with your children.
Take Action Immediately
If you’ve been served with temporary restraining order, time is critical. Hearing is typically scheduled within 21-25 days—you must act now.
Don’t ignore the restraining order. Don’t violate any terms of the TRO. Don’t try to contact protected person for any reason. Do comply strictly with all restraining order terms. Do hire experienced restraining order defense attorney immediately. Do gather all evidence supporting your defense. Do prepare thoroughly for hearing.
Your rights, your reputation, and your relationship with your children are on the line. Don’t face restraining order hearing alone.
Your freedom and driving privileges are worth fighting for. Call now—we’re available 24/7 to defend your rights.
Don’t let false accusations or unjust restraining order destroy your life, your reputation, and your relationship with your children. Call Tu Defensor Criminalista now at (888) 315-3326 for immediate assistance with your restraining order case in Inglewood. We’re available 24 hours a day, 7 days a week to protect your rights, defend against false allegations, and fight for the best possible outcome. Contact us today—your future depends on it.
Citations and Sources
California Courts – Self-help information on domestic violence restraining orders and procedures https://www.courts.ca.gov/selfhelp-domesticviolence.htm[1]
U.S. Census Bureau – Inglewood, California demographic and population data https://www.census.gov/quickfacts/inglewoodcitycalifornia[2]
Los Angeles County Sheriff’s Department – Law enforcement services and public safety information https://lasd.org/[3]
Los Angeles County District Attorney’s Office – Criminal prosecution information and restraining order violation enforcement https://da.lacounty.gov/[4]
U.S. Citizenship and Immigration Services – Immigration consequences of domestic violence and criminal convictions https://www.uscis.gov/[5]
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.
I was arrested for a DUI just recently, since Spanish is my first language, it was important to find a great attorney who was bilingual. Getting your first DUI can...
Armando cespedes went above and beyond for my case. I was very close to getting my license revoked as I am under the age of 21 and received my second...
I was referred to Mr. Cespedes by a family friend who was very pleased with his legal services. Unfortunately, I got a DUI a few months ago and I was...
Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
Extremely professional I recently had a brief phone consultation with Mr. Cespedes regarding a longtime friend of mine. Although he was unable to assist him with his legal needs, I...