What to Do When You Are Served with a Restraining Order

Being served with a restraining order is a serious and stressful situation. If this happens to you, knowing the steps you should take to avoid further legal issues is crucial. In most cases, a restraining order is served by the sheriff’s department, and in some instances, it may come with a “Kick-Out Order,” which requires you to immediately leave your home if you share it with the protected party. Understanding your legal obligations and how to respond appropriately is key to protecting yourself and your rights.

No Contact: The First and Most Important Rule 

Once you are served with a restraining order, the first thing to understand is that no further contact is allowed between you and the protected party. This includes direct forms of communication like phone calls, text messages, emails, or physical meetings, as well as indirect contact through friends, family, or any third party. Violating this rule can have serious consequences, including criminal charges for contempt of court.

Even if the situation seems unfair or you want to explain your side of the story, you must follow the restraining order’s terms. Any contact with the protected party will be viewed as a violation and can be used against you in court.

Attend Your Court Date

On the front page of the restraining order, you will find a date for your court hearing. This date is crucial because it is your opportunity to defend yourself against the allegations made by the protected party. If you choose not to attend, the court may issue a permanent restraining order against you, which could have long-lasting consequences on your personal life, career, and, most importantly, your custody of any children involved.

It’s also vital to remember that if you have violated the terms of the restraining order before your court date, the protected party will likely inform the court. Violating a restraining order shows that you do not respect court orders and may reflect poorly on your ability to follow future legal obligations.

Review the Documents Carefully 

Once served, carefully review all the documents you have received. These papers will outline why the protected party has filed for a restraining order. It’s essential to review the claims line by line and assess whether the allegations are accurate or exaggerated. If you believe that the statements made against you are false, start building your defense immediately.

Gather any evidence to counter these claims, such as text messages, emails, or witnesses who can testify on your behalf. Knowing what you are up against is the first step in preparing your defense for the court hearing.

Seek Legal Help, Especially If Children Are Involved

If children are involved in the case, it’s highly recommended that you consult with a family law attorney. If the protected party alleges that your children were present during the incident that led to the restraining order, you could lose custody of your children under California Family Code Section 3044. This law presumes that awarding custody to someone accused of domestic violence is not in the best interest of the child, making it critical that you have an experienced attorney to help defend your case.

Hiring an attorney who specializes in defending against domestic violence temporary restraining orders can also help you understand the legal intricacies of your case. An experienced attorney will review the evidence, examine the credibility of the protected party’s claims, and help ensure your rights are protected.

The Financial Implications

One aspect of restraining order cases that people may not always consider is the financial component. If you lose the hearing, the prevailing party can request that you pay their attorney fees. This can add a significant financial burden to an already stressful situation.

Why You Need An Attorney Like JWB Family Law

When you’re served with a restraining order, there is a lot at stake, including your reputation, finances, and custody of your children. Family law attorneys with experience in these cases understand the complexities and can provide advice tailored to your unique situation.

JWB Family Law offers a complimentary 30-minute consultation to help you understand your options and the best way forward. If you’ve been served with a restraining order, don’t wait—contact us today at (619) 777-5842 or visit our website at jwbfamilylaw.com.

For more insights on this topic, you can also watch our informative video here.