If I have a restraining order against me, what should I do in California? 14 Answers as of April 04, 2011

Please help me. My ex-girlfriends mom does not want me to see her daughter anymore, even though we are friends still. We broke up about three weeks ago, but her mom called me and told me she is filing a restraining order to keep me away from her. I have no idea what to do, and I have never been in trouble with the law before. I do not have any charges against me. Do I need a lawyer?

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The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
The only person you should be asking this question is your parole officer given the fact that they are the one that can violate you and have you sent back to prison. Even assuming you could, if your parole officer disagrees with you then the answer is no. The fact that you are in a sober living certainly doesn't help your argument. It is probably not an issue you want to take on as it could potentially land you back in prison. Good luck.
Answer Applies to: California
Replied: 4/4/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If you do not wish to have a restraining order, I strongly suggest that you retain counsel. You may be entitled to attorney fees and costs if you prevail.
Answer Applies to: California
Replied: 4/4/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You should follow the order. a restraining order has to have a reason from your conduct to be granted. If there is a is a hearing date on the order you have you should go to the hearing and plead your side to the judge.
Answer Applies to: California
Replied: 1/15/2011
Law Office of Gregory W. Fox
Law Office of Gregory W. Fox | Gregory W. Fox
If you have been served with a restraining order you should obey any temporary orders that may have been made by the court. The order should have a date that you will need to appear in court. You should consider contacting an attorney to assist you if this occurs.
Answer Applies to: California
Replied: 1/14/2011
Law Offices of Ramona Hallam
Law Offices of Ramona Hallam | Ramona Hallam
You honestly should seek the advise of an attorney. She needs to show a credible threat of violence or ongoing harassment. If you do not appear or refute theallegations she will likely obtain the restraining order. The courts tend to err on the side of keeping people safe. Please take my advice and at least speak with an attorney when you are served.
Answer Applies to: California
Replied: 1/14/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    If you are served with a Temporary Restraining Order contact me right away, as the consequences are very serious. Even with these limited facts, I believe a restraining order can be successfully defended.

    Beware of the false declaration which happens VERY OFTEN. That is, someone "says" they served you the notice of the hearing, and they do not serve the Notice. They go to court, you never have the right to defend yourself, and you end up with a 3 year restraining order against you. One way to prevent this is to hire me, I authorize and require service of papers to this office, then there can be no trickery. Just a thought.
    Answer Applies to: California
    Replied: 1/14/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If and when you are served with a temporary restraining order, it will have a court date for a hearing. You can hire an attorney to represent you in that hearing, to try to convince the judge there is no need for a permanent order. If serious about doing so, feel free to contact me. Keep in mind that a restraining order has similar effects to a felony conviction in such areas as employment, and it results in you being barred from possessing firearms or ammunition.
    Answer Applies to: California
    Replied: 1/14/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    You should file papers opposing the restraining order and be prepared to defend your position at the hearing. In your papers, attach a declaration from your ex-girlfriend saying that you have never threatened, annoyed, or harassed her and that she does not want a restraining order.

    This will be a little difficult to do if the mom has already obtained a "temporary restraining order" prohibiting you from having communication or contact with your ex-girlfriend.

    Feel free to contact me if you are in the Bay Area and want legal representation.
    Answer Applies to: California
    Replied: 1/14/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    Well, at this point in time, you should stay away from her. You can call the Sheriff's Department and find out if a temporary restraining order has been filed.

    You can also call the district attorney's office and find out if charges have been filed. Either way, find a new girl to hang out with.

    Should you have any questions or concerns, feel free to contact my office. If charges are filed, you should hire private counsel to handle your case.
    Answer Applies to: California
    Replied: 1/14/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If you are served with a request for such an order, a court appearance will be scheduled at which the judge will decide if a restraining order is warranted. if you do not appear it will be granted. If you wish to oppose it you should file a response and then appear. If your ex-girlfriend has an attorney I strongly recommend you hire one too. If she doesn't you have a better chance winning with an attorney than without one.
    Answer Applies to: California
    Replied: 1/14/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    A restraining order is a civil action. If they apply for a restraining order against you, then you would receive notification, and given a chance to "answer" the complaint. If there is a restraining order filed, I would recommend that you get an attorney to file the answer on your behalf, and handle the hearing to determine whether or not a permanent restraining order is filed. You don't want a restraining order against you for many reasons if it can be avoided. If you are served with a restraining order, call me at (818) 336-1384 to discuss further.
    Answer Applies to: California
    Replied: 1/13/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Well, first of all let's see what she does. It may be that she is trying to scare you. You should tell your ex-girlfriend to tell mama to get a life. IF she gets a restraining order it will be TEMPORARY and order you to stay 100 feet away from ex-girlfriend, her house, place of employment, etc. If you violate those terms they can jail you. Now, when the TRO is about to expire you will get notice to come to court where you can argue that this is nonsense. It would be great if your girlfriend comes along and tells the judge you are no threat to her and she doesn't want you kept away from her. Maybe you can compromise by agreeing not to come to her mom's house but nothing else. At least through this hearing you don't need a lawyer.
    Answer Applies to: California
    Replied: 1/13/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    You can show up to the hearing and argue against a restraining order. If there is no domestic violence, you should have a good chance. You may hire an attorney for this, and I recommend hiring one, but you can fight this on your own as well.
    Answer Applies to: California
    Replied: 1/13/2011
    Tomas M. Flores, Esq.
    Tomas M. Flores, Esq. | Tomas M. Flores
    I get this question all the time. Yes - the short answer is: yes, you should talk to a lawyer ASAP. Like a cavity, this problem gets a lot worse if you don't do anything about it. While a civil harassment action is not a criminal matter, a violation of a court order is a crime and can land you in jail for up to one year.

    Please see my article on what do when served with a restraining order at my website. If you have any questions, feel free to call my office.
    Answer Applies to: California
    Replied: 1/13/2011
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