How Restraining Orders Work in Domestic Violence Cases in San Diego

Posted on: July 4th, 2025 by Selena Moore

When domestic violence allegations surface, restraining orders often follow swiftly, creating immediate legal barriers that can dramatically alter your daily life within hours of an incident. These court-issued protective orders carry the full weight of criminal law, meaning violation can result in arrest, jail time, and additional criminal charges that compound your legal troubles.

Understanding how restraining orders function in San Diego domestic violence cases is crucial for protecting your rights and avoiding inadvertent violations that could worsen your situation. At Dod Law, we have guided clients through the restraining order process for over two decades, helping them navigate these challenging legal waters while building strong defenses against the underlying domestic violence charges.

Types of Restraining Orders in California Domestic Violence Cases

California law provides several types of restraining orders, each serving different purposes and timelines in domestic violence cases. Emergency Protective Orders (EPOs) can be issued by police officers at the scene of a domestic violence incident, taking effect immediately and lasting up to seven days. These orders require no court hearing and are designed to provide immediate protection while formal legal proceedings begin.

Temporary Restraining Orders (TROs) are issued by judges and typically last 20 to 25 days until a court hearing can be scheduled. The person seeking protection must file a petition with the court, but you are not present when the judge makes this initial decision. This ex parte process means the order is granted based solely on the petitioner’s allegations without your input or testimony.

Permanent restraining orders, despite their name, are not truly permanent but can last up to five years. These orders are only issued after a court hearing where both parties have the opportunity to present evidence and testimony. The judge must find by clear and convincing evidence that domestic violence occurred and that future protection is necessary.

What Restraining Orders Can Prohibit

Domestic violence restraining orders in San Diego can impose sweeping restrictions that affect multiple aspects of your life. Personal conduct orders prohibit any form of contact, harassment, stalking, threatening, or disturbing the peace of the protected person. This includes direct contact, indirect contact through third parties, and contact via social media, email, or text messages.

Stay-away orders establish specific distances you must maintain from the protected person, their home, workplace, children’s schools, and other locations they regularly visit. These orders often require you to stay at least 100 yards away, which can create significant challenges if you live or work in the same area.

Move-Out and Residence Orders

Courts can order you to move out of a shared residence, even if your name is on the lease or mortgage. This immediate displacement can occur regardless of your ownership rights or financial contributions to the household. The court prioritizes the safety of the alleged victim over property rights when issuing these orders.

Child custody and visitation provisions within restraining orders can temporarily alter your parental rights. The court may suspend your visitation rights entirely or require supervised visits through a third party. These restrictions remain in effect until modified by the court, making prompt legal action essential for protecting your relationship with your children.

The Restraining Order Process in San Diego Courts

The restraining order process begins when the alleged victim files a petition with the San Diego Superior Court. The petitioner must complete specific forms describing the incidents of abuse and explaining why they need protection. Courts are required to process these petitions quickly, often issuing temporary orders within 24 hours of filing.

Service of process is crucial for the restraining order to become legally enforceable against you. You must be personally served with copies of the restraining order and notice of the upcoming hearing. Until you are properly served, the order cannot be enforced, but once served, you are legally bound by all restrictions immediately.

The hearing typically occurs within three weeks of the temporary order being issued. Both parties can present evidence, call witnesses, and testify under oath. The judge will consider all evidence presented and determine whether to issue a long-term restraining order based on the preponderance of evidence standard.

Preparing for Your Restraining Order Hearing

Evidence preparation is critical for restraining order hearings. Gather all documentation that contradicts the petitioner’s allegations, including text messages, emails, photographs, medical records, and witness contact information. Character witnesses who can testify about your peaceful nature and relationship dynamics may prove valuable in challenging the petitioner’s credibility.

Cross-examination of the petitioner allows your attorney to expose inconsistencies in their testimony, challenge their credibility, and present alternative explanations for the events described in their petition. This process requires careful preparation and understanding of the legal standards for domestic violence restraining orders.

Consequences of Violating a Restraining Order

Restraining order violations are prosecuted as criminal contempt of court under Penal Code Section 273.6, carrying penalties of up to one year in county jail and fines up to $1,000 for first-time violations. Repeat violations or violations involving violence can result in felony charges with potential state prison sentences.

Even seemingly minor violations can result in arrest and prosecution. Accidental encounters in public places, responding to contact initiated by the protected person, or indirect communication through mutual friends can all constitute violations if they breach the specific terms of the order.

Law enforcement takes restraining order violations seriously, often resulting in immediate arrest regardless of the circumstances. Police officers have little discretion when responding to reported violations, making it essential to understand and strictly comply with all order provisions.

Defending Against Restraining Orders and Violations

Challenging a restraining order requires demonstrating that the petitioner’s allegations are false, exaggerated, or insufficient to meet California’s legal standards for domestic violence. We examine the credibility of witnesses, analyze physical evidence, and investigate the relationship history to build a comprehensive defense strategy.

False allegations in restraining order cases are more common than many people realize. Motivations for false accusations may include gaining an advantage in divorce proceedings, obtaining exclusive use of shared property, or influencing child custody decisions. We investigate these underlying motivations and present evidence that exposes the true reasons behind the restraining order petition.

Protect Your Rights with Experienced San Diego Domestic Violence Defense

Restraining orders in domestic violence cases carry serious immediate and long-term consequences that can affect your freedom, housing, employment, and relationship with your children. The skilled legal team at Dod Law has spent over two decades defending clients against domestic violence allegations and restraining orders throughout San Diego County. We understand the complex interplay between restraining order proceedings and criminal domestic violence cases, ensuring comprehensive protection for your rights.

Our approach combines aggressive advocacy in restraining order hearings with strategic defense planning for any related criminal charges. We work diligently to challenge false allegations, protect your constitutional rights, and minimize the impact of these proceedings on your life and future. Call us at our San Diego office (619) 814-5110 | Vista office (760) 814-6025 or schedule an appointment by filling out our online contact form to discuss the best way forward.