Restraining Order Defense
A restraining order can remove you
from your home — before you say a word.
Restraining orders in California are issued on an ex parte basis — meaning a judge can grant one based solely on the petitioner's account, without notice to you and without your opportunity to respond. The consequences are immediate, broad, and can affect your home, your children, your employment, and your professional license.
Defend Your Restraining Order HearingTypes of Restraining Orders in California
Not all restraining orders are the same.
Neither is the defense.
Domestic Violence Restraining Order
Issued in cases involving intimate partners, spouses, cohabitants, or family members. Can prohibit contact, require you to leave your home, restrict access to children, and affect firearm rights. A permanent DVRO can have lasting consequences on custody proceedings and professional licensing.
- Temporary (TRO) — 21 days, issued ex parte
- Permanent — up to 5 years, issued after hearing
- Criminal protective order — issued by criminal court
Civil Harassment Restraining Order
Issued in cases involving neighbors, coworkers, acquaintances, or strangers. Requires proof of harassment, stalking, or threats. Civil harassment orders are frequently sought in neighbor disputes, online harassment situations, or contentious workplace circumstances.
- Issued in civil court, not family court
- Lower burden of proof than criminal standard
- Can restrict presence at home, work, or school
Workplace Violence & Elder Abuse Orders
Employers may seek workplace violence restraining orders on behalf of employees. Elder or dependent adult abuse orders protect vulnerable individuals. Both follow similar procedural paths but have distinct legal standards and consequences.
- Workplace orders filed by employers
- Can affect employment directly
- Elder abuse orders — family or care facility based
The Hearing — Your Opportunity
The restraining order hearing is
your chance to tell your story.
A Temporary Restraining Order is issued based solely on the petitioner's account. But it is temporary. The full hearing — typically scheduled within 21 days — is your opportunity to present your evidence, cross-examine the petitioner, and demonstrate that the order should not be made permanent.
Most people make the mistake of attending the hearing unprepared or unrepresented. The petitioner has had time to gather evidence, prepare their testimony, and often appears with an attorney. Appearing without counsel in this proceeding is a serious disadvantage.
Sam Ahmadpour prepares every restraining order hearing with the same thoroughness as a jury trial — because the consequences of losing can be just as severe. He cross-examines the petitioner, presents counter-evidence, challenges the legal sufficiency of the allegations, and argues the law.
When criminal and restraining order proceedings overlap
Restraining orders frequently arise in connection with criminal charges — domestic violence arrests routinely result in both a criminal protective order and a civil DVRO proceeding. The two proceedings must be managed carefully and strategically together, because statements or admissions in one can affect the other.
Learn more about domestic violence defense →Consequences of a permanent restraining order
- Removal from your home — including if you own it
- Restricted contact with your children
- Loss of firearm rights (DVRO)
- Professional licensing consequences
- Employment restrictions — especially in healthcare and education
- Immigration consequences for non-citizens
- Violation of the order is a criminal offense
- Permanent record accessible in background checks
Speak With Sam Ahmadpour
Your hearing date is set.
Be ready.
A restraining order hearing is not a formality — it is a legal proceeding that can permanently affect where you live, whether you see your children, and whether you keep your professional license. Call Sam Ahmadpour now.
Schedule a Confidential Consultation Or call directly: 424-226-7810