Restraining Orders

Restraining Orders in California: Protection You Deserve. Defense When It Matters Most.
Experienced Legal Representation for Domestic Violence & Civil Harassment Cases
Whether you are seeking protection or have been accused, restraining orders can significantly impact your life. At PLBK Law, we provide strategic, compassionate legal support in both pursuing and defending against Domestic Violence Restraining Orders (DVROs) and Civil Harassment Restraining Orders (CHROs). Our goal is to help you navigate this complex and urgent legal process with clarity, safety, and integrity.

What Is a Restraining Order?
A restraining order is a court-issued legal protection meant to prevent ongoing or potential abuse. It can require one party to stay away from and refrain from contacting another party, and it can have serious legal consequences if violated.
There are two primary types of restraining orders in California:
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Domestic Violence Restraining Orders (DVRO) – for individuals with a personal relationship (e.g., spouse, partner, family member, co-parent).
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Civil Harassment Restraining Orders (CHRO) – for individuals without a close relationship (e.g., neighbor, coworker, acquaintance).
What Qualifies as Abuse?
Under the Domestic Violence Prevention Act, abuse can take many forms—not just physical harm.
Abuse includes:
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Intentionally or recklessly causing or attempting to cause bodily injury
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Sexual assault
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Threatening or placing someone in reasonable fear of serious injury
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Stalking, harassing, destroying property, or disturbing the peace
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Verbal, emotional, and psychological abuse
➡️ Abuse does not need to be physical to be real. All forms of abuse are taken seriously by the court.
The Restraining Order Process: What to Expect
Step 1: Filing for a Temporary Restraining Order (TRO)
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Filed without prior notice to the other party
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Decided by a judge on the same day based solely on the requesting party’s statement
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Can include orders to:
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Stay away from your home, work, school, or vehicle
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Leave a shared residence
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Establish child custody, visitation, and even pet custody
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Prevent contact via phone, email, or third parties
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Control property or financial accounts temporarily
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Step 2: Service of the Order
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The TRO must be personally served on the restrained party
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Law enforcement or a third party can complete service
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Orders are enforceable immediately and entered into CLETS (California Law Enforcement Telecommunication System)
Step 3: The Hearing (Usually Within 21 Days)
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Both parties appear in court
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Judge determines whether to terminate, modify, or extend the order
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If granted, a “permanent” order can last up to five years
Move Fast, Be Prepared
If You Are Seeking Protection:
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Collect and save evidence (texts, emails, social media messages, photos of injuries, witness statements)
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Contact law enforcement if there is immediate danger
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You don’t have to go through this alone—PLBK Law can help you prepare and present a strong case
If You Have Been Accused:
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Violating even a temporary restraining order can have criminal and civil consequences
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Do not attempt to contact the protected party, even through a third party
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Begin collecting evidence that may help disprove the allegations (without violating any orders)
Key Differences: Domestic Violence vs. Civil Harassment Orders
| DVRO (Family Code) | CHRO (Civil Code) |
|---|---|
| Requires close relationship | No close relationship required |
| Lower burden of proof | Higher burden of proof |
| More flexible scheduling/hearing | Stricter timelines; less likely to continue |
Let PLBK Law Guide You Through This High-Stakes Process
Whether you are facing abuse or defending yourself against allegations, the right legal support can make all the difference. The PLBK team has extensive experience successfully requesting and defending both types of restraining orders—and we’re here to protect your rights, your safety, and your future.

