What should I do in a restraining order?

My girlfriend and I got into an argument. It was not physical but we were just screaming at each other and the police came. The neighbors called them and they just took down some information and left. But now my girlfriend says that she went to the court to put a restraining order against me. What do I have to do now?

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Answered By: Law Offices of James C. Bechler, A.P.C.

You can go to court and fight the Restraining Order. Here is your problem: She will get a Temporary Restraining Order (TRO) without much proof from the Judge. However, the Judge will set a formal hearing in a couple of weeks to hear evidence on whether to make the Order Permanent (5 years). You can write a Response (a Declaration of the Facts, under penalty of Perjury) to the Petition for the Restraining Order (also known as a Stay-Away Order), and submit it to the Court (the Judge) before the Hearing. If you want to win (which you do- read further) you need to get a lawyer to help you write the Response and go with you to the Hearing to argue your side of the case. IF YOU LOSE- you run the risk of violating the Restraining Order and Being arrested- it happens all the time!

Answer Applies to: California
Replied: 9/2/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg

She has a temporary restraining order. It does not take effect until you are legally served. When you read over the order it will give you the restrictions and a date for a hearing on the order. At the hearing you will be given a chance to tell your story and she will tell hers. The judge will then decide if the order should remain in place or be dismissed.

Answer Applies to: California
Replied: 9/1/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Prometheus: A Social Justice Law Firm

This is a very serious situation and you should hire an attorney to defend you as soon as possible. I handle such matters, and you can contact my office for an initial consultation.

Answer Applies to: California
Replied: 8/31/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Nelson & Lawless

If and when you are served with notice of a restraining order and court hearing on it, you can go to court, file Opposition pleadings and declarations of witnesses, and fight the charges. Since she says she filed, and if you have not been served, you should go to court and check the records to see if she did file, and maybe told the court you have already been served. People lie to get their way. If you are serious about hiring counsel to represent you in this, feel free to contact me. Understand that a restraining order on your record is much like a felony conviction in its effect on you. You will lose your firearms rights, you will have difficulty in getting employment, etc.

Answer Applies to: California
Replied: 8/31/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.