Practice area – Restraining Orders
Facing a restraining order in a Riverside County DV case?
Civil and criminal restraining orders carry serious consequences – gun rights, custody, employment. The difference between EPO, TRO, and permanent matters.
Available 24/7
What you’re facing
Restraining orders in California come in multiple forms with different durations and consequences. Emergency Protective Orders (EPOs) are issued by law enforcement, lasting up to 7 days. Temporary Restraining Orders (TROs) are issued by a court, lasting up to 25 days. Permanent DV restraining orders can last up to 5 years and are renewable. Violation of any RO is a separate crime under PC 273.6: misdemeanor for a first violation, wobbler for repeat violations. ROs immediately trigger federal firearm prohibitions and can affect custody, immigration, and employment.
Defenses I build
Restraining order proceedings move fast – especially when a TRO is issued ex parte. I review the underlying allegations for factual basis, dispute hearsay statements, and challenge petitioner credibility through cross-examination. I argue scope and duration – even when an RO will issue, the terms can be narrowed. I file modification motions to remove or limit terms that overreach. For criminal cases with parallel ROs, I coordinate the defense across both proceedings.
Restraining Order Case Results
Charged With
Case result available on consultation
Outcome
Placeholder
RO Defense – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
Placeholder
RO Defense – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
RO Defense – Riverside Co.
Charged With
Case result available on consultation
Outcome
Placeholder
RO Defense – Riverside Co.
Charged With
Case result available on consultation
Outcome
12 Years
RO Defense – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
RO Defense – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
RO Defense – Riverside Co.
Common Questions
What is the difference between an EPO and a permanent RO?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
Can I get a restraining order dropped?
The alleged victim cannot unilaterally drop an RO once issued – especially in criminal contexts where the court has jurisdiction. But the order can be modified or terminated through proper motions. Modification motions narrow the scope (peaceful contact vs. no contact, lower distance, workplace exceptions). Termination motions seek to end the order entirely. Both require demonstrating changed circumstances or factual errors in the original order.
What happens if I violate a restraining order?
Violation is a separate crime under PC 273.6. First-time violation is a misdemeanor: up to 1 year jail and $1,000 fine. Repeat violations are wobblers – chargeable as felony with up to 3 years state prison. Each contact event is a separate count. Even innocent or accidental violations can be prosecuted. If you have an RO against you, document any unavoidable contact and notify your attorney immediately.
Types of Restraining Orders I Handle
Restraining orders come in several forms with different scopes and durations:
Emergency Protective Order (EPO)
Issued by police at the scene. Up to 7 days. No hearing required.
Temporary Restraining Order (TRO)
Court-issued. Up to 25 days. Hearing within 25 days.
DV Permanent Restraining Order
Up to 5 years. Renewable. Issued after contested hearing.
Civil Harassment Restraining Order (CHRO)
For non-intimate relationships – neighbors, coworkers, strangers.
Workplace Violence Restraining Order
Employer-initiated. Up to 3 years.
Elder Abuse Restraining Order
Protective orders for elder abuse cases. Up to 5 years.
Gun Violence Restraining Order (GVRO)
California red flag law. Triggers firearm surrender.
Violation of RO (PC 273.6)
Separate crime. Misdemeanor first; wobbler after.
Gun Rights and Other Consequences
Restraining orders trigger consequences beyond the order itself:
- Federal firearm prohibition while the order is in effect (18 USC 922(g)(8))
- California firearm prohibition (10-year minimum)
- Cannot purchase, possess, receive, or hold firearms or ammunition
- Custody determinations in family court are significantly affected by RO findings
- Immigration consequences can be severe for non-citizens
Restraining order proceedings are often the first front in a larger DV case. How they are handled affects the criminal case, custody case, and immigration case that follow. Coordinated defense across all proceedings is essential.
