Fighting a Restraining Order in California
Having a restraining order filed against you can be a stressful event. Here’s how to fight a restraining order in California.
What is a restraining order?
A restraining order in California is defined as a court order that is intended to protect people from abuse or harassment.
- A restraining order includes three primary orders:
- Stay away from and refrain from contacting the protected person
- Stay away from the protected person’s property, place of work, school, etc.
- Not possess firearms while the order is in effect
Can you appeal a restraining order in California?
Restraining orders can be appealed in California, but the appeal process varies based on the severity of the restraining order.
The deadline to file a notice of appeal changes based on the type of civil case the restraining order would fall into.
- A limited civil case restraining order (civil case that involves an amount of $25,000 or less), a notice of appeal must be served on or before
- 30 days following the mail notice that your case judgment has been officially filed
- 90 days following the entry of judgment
- An unlimited civil case (civil case that involves an amount larger than $25,000 or a family case law) you must file the notice of appeal on or before:
- 60 days following the mail notice that your case judgment has been officially filed
- 180 days following the entry of judgment
Note: If your notice of appeal is late it will be dismissed.
How to Get a Restraining Order Dismissed in California
Only a judge is capable of canceling or dismissing a restraining order in California. In order to make a request to cancel or dismiss a restraining order, you have to make a Request for Dismissal (CIV-110). A hearing may be required post-request. If a hearing is required, you are obligated to complete, file, and serve a Request for Order to Modify/Terminate Domestic Violence Restraining Order (Form FL-300).
Another way to have a case dismissed is to show up to the court date on time and attend the hearing without the other party present. In these cases, the judge usually dismisses the restraining order.
Related: Types of Restraining Orders in California
Appeal a restraining order in California for lack of due process
If the outcome of the court case was reached unfairly or in an abusive manner, the following outline will provide the process to change or end a restraining order.
- Make the request and fill out the proper details on Request for Order (Form FL-300)
- Make sure to have all forms reviewed at your court’s self-help center.
- Create three copies of each form. One for yourself, one for the other party, and one for the court.
- Provide your court clerk with these forms. The clerk will keep the original and provide you with your copy alongside a court date and time stamped on the first page.
- Serve the opposing party with all necessary court documents and information
- File your proof of service, so that the judge knows both parties knew of the court date and trial details
- Attend the court hearing
- During the court hearing, provide any evidence to suggest that your trial lacked due process. Evidence includes but is not limited to witness statements, photographs, text messages, etc.
- At the end of the trial, the judge will make a decision to overturn the previous trial ruling or to keep the restraining order in place.
Appeal domestic violence restraining order California
The process of appealing a domestic violence restraining order is outlined in the process above. A domestic violence restraining order would be considered an unlimited civil case.
- An unlimited civil case (civil case that involves an amount larger than $25,000 or a family law case) must file the notice of appeal on or before:
- 60 days following the mail notice that your case judgment has been officially filed
- 180 days following the entry of judgment
Penalty for violating restraining order California
Violating California penal code 273.6 is punishable by up to one year in county jail or a maximum fine of $1,000 (if charged as a misdemeanor). If charged as a felony, it is punishable by up to three years in state prison or a maximum fine of $10,000.
California restraining order false allegations
False allegations can be used in order to obtain a restraining order. If served with a restraining order that lies on the basis of false information, seek legal counsel immediately. Restraining orders can result in severe implications such as losing access to children, career opportunities, etc. Common reasons for false accusations include couples who got into a fight, roommates who want to clear out a room, or gaining advantages in family case law.
California penalties for filing a false restraining order
An individual that knowingly or willfully attempts to file a false or fraudulent restraining order is guilty of a felony upon conviction and is punishable by a fine of up to $5,000 or up to five years of imprisonment, or both.
Related: How to Terminate a Restraining Order in California
FAQs About Fighting a Restraining Order in California
How long does a restraining order stay on your record in California?
In California, a restraining order can show up on your record for up to five years after the order’s expiration date.
How long does a temporary restraining order stay on your record in California?
In California, a temporary restraining order can show up on your record for up to five years after the order’s expiration date.
What happens when a restraining order expires in California?
The restraining order will remain on your record for up to five years. All parts of the restraining order expire and the previous defendant is able to contact the previous plaintiff and go near the previous plaintiff etc.
How long do you go to jail for violating a restraining order in California?
The maximum is up to one year in a county jail for a misdemeanor violation and up to 3 years in state prison for a felony violation.
Can you appeal a civil harassment restraining order in California?
To appeal a civil harassment restraining order in California, the following deadlines apply. The deadline to file a notice of appeal changes based on the type of civil case the restraining order would fall into.
- A limited civil case restraining order (civil case that involves an amount of $25,000 or less), a notice of appeal must be served on or before
- 30 days following the mail notice that your case judgment has been officially filed
- 90 days following the entry of judgment
- An unlimited civil case (civil case that involves an amount larger than $25,000 or a family case law) you must file the notice of appeal on or before:
- 60 days following the mail notice that your case judgment has been officially filed
- 180 days following the entry of judgment
Contact Us
If you or a loved one needs help fighting a restraining order in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Criminal Defense Attorneys today!