There are two types of court orders that have the effect of preventing you from having any contact with a particular person and/or from visiting a particular geographic location:

• A protective order is an order preventing you from having any contact (or no violent contact) with a particular person and/or visiting a particular place. This type of order accompanies certain types of criminal cases.
• A restraining order is civil matter and does not depend on the existence of a criminal case although they can also accompany criminal cases.

There are 4 types of restraining orders in California:

• Domestic Violence Restraining Order,
• Civil Harassment Restraining Order,
• Elder or Dependent Abuse Restraining Order, and
• Workplace Violence Restraining Order. 

Responding to a Restraining Order

If a Restraining order has been issued, you must be officially given notice (served) the Restraining Order. Being 'served' a Restraining Order means that formal copies of the Restraining Order Notice have been personally delivered to you. These copies must be both easy-to-read and include an Answer to Temporary Restraining Order (Form DV-120). This is your opportunity to respond to the allegations made by the Petitioner. The Respondent will have from 10 to 20 days before the hearing to file an answer to the Petitioner's statements.

While a temporary restraining order can be issued without the Respondent being present at the initial request, a more formal hearing is necessary for the order to remain in effect. At this hearing, the judge will decide whether or not to issue, change, or cancel the Restraining Order.

If the person who asked for protection changes his or her mind -- after the hearing, but before the time limit for the Restraining Order has run out - he or she is to file forms with the court.

• There are forms to change (modify) the Restraining Order.
• There are other forms to drop (dismiss) the Restraining Order.

It's very important that the person who asked for protection bothers to file these forms with the court so that the restrained person is not charged with violating a court order.

• The restrained person can also ask for the Orders to be modified.
• The restrained person can not ask for the Orders to be dropped.

If you have been served with a restraining order, or have questions regarding a court order, it is strongly suggested that you contact an experienced California defense attorney to discuss your situation. Our lawyers can help advise you regarding a response to an existing restraining order, and discuss the circumstances surrounding the order. Please contact us today - Online or 1-800-221-7798

Related Criminal Law Topics
- Restraining Orders
- Domestic Violence
- Assault & Battery