Dealing with restraining orders can feel overwhelming—but you’re not alone, and you have options. Whether you’re defending against a domestic violence restraining order filed by an ex-partner in San Luis Obispo, seeking a protective order against someone threatening or harassing you, or facing violation allegations that could result in criminal charges, understanding restraining orders and their consequences is the first step toward protecting your rights and freedom.
At Central Coast Criminal Defense, we’ve helped San Luis Obispo residents navigate restraining order proceedings since 2010. We know the courts, the procedures, and—most importantly—we know how to fight for results that protect what matters most to you.
What Are Restraining Orders in California?
Restraining orders in California are court orders that prohibit one person (the restrained party) from contacting, harassing, threatening, or coming near another person (the protected party). California law provides several types of restraining orders including domestic violence restraining orders (DVRO) under Family Code Section 6200 for intimate partners and family members, civil harassment restraining orders under Code of Civil Procedure Section 527.6 for non-family relationships, workplace violence restraining orders for employer-employee situations, and elder or dependent adult abuse restraining orders. Restraining orders can require the restrained party to stay away from homes, workplaces, schools, and children, move out of shared residences, have no contact directly or through third parties, surrender firearms, and attend batterer intervention programs. Temporary restraining orders (TRO) can be issued immediately without notice based solely on written declarations, while permanent restraining orders require hearings where both parties present evidence.
In San Luis Obispo and throughout San Luis Obispo County, restraining order cases are filed and heard in San Luis Obispo County Superior Court. Domestic violence restraining orders commonly arise from breakups and custody disputes where one party seeks tactical advantage by obtaining orders that evict the other from homes and establish presumptive custody of children, allegations made during heated arguments without actual violence or threats, false accusations fabricated to gain leverage in divorce or family law proceedings, and situations where both parties engaged in mutual combat but only one files for protection. Civil harassment restraining orders in San Luis Obispo typically involve neighbor disputes, roommate conflicts near Cal Poly campus, stalking allegations, workplace harassment claims, and online harassment or cyberbullying. The San Luis Obispo County Superior Court processes hundreds of restraining order petitions annually, and judges issue temporary restraining orders based on written allegations before restrained parties have opportunities to respond—meaning you can be evicted from your home and prohibited from contacting your children based solely on unproven accusations.
What many people involved in restraining order cases in San Luis Obispo don’t understand is that restraining orders have serious consequences beyond just stay-away requirements. Domestic violence restraining orders result in lifetime federal firearm prohibitions under 18 USC 922(g)(8), create rebuttable presumptions against child custody under Family Code 3044, appear on background checks affecting employment and housing, and can be used as evidence in criminal domestic violence prosecutions. Additionally, violating restraining orders is a criminal offense under Penal Code Section 273.6 punishable by up to one year in jail, and allegations of violations often result in immediate arrest even when contact was accidental or initiated by the protected party. Without aggressive representation that contests false allegations, presents evidence of your innocence, and protects your rights to your home and children, you risk having restraining orders issued that destroy your life based on lies or exaggerations.
- Legal Definition: Restraining orders are court orders under California Family Code and Code of Civil Procedure prohibiting contact, harassment, or proximity between parties, issued as temporary orders without notice based on written allegations or as permanent orders after contested hearings, with violations prosecuted as criminal offenses under PC 273.6.
- Why They’re Issued: California courts issue restraining orders to protect individuals from domestic violence, harassment, stalking, or threats by prohibiting contact and proximity, provide immediate relief through temporary orders before full hearings, prevent escalation of conflicts through enforceable stay-away requirements, and give victims legal tools to enforce boundaries and report violations to law enforcement.
- Common Situations: Domestic violence restraining orders filed during breakups and custody disputes in San Luis Obispo, civil harassment orders involving neighbor disputes and roommate conflicts near Cal Poly, workplace violence orders for employment situations, allegations made during divorce proceedings to gain tactical advantage, and violations charged after accidental contact or contact initiated by protected parties.
Important: Whether you’re defending against a restraining order or seeking protection, time is critical. Temporary restraining order hearings typically occur within 21 days. Call +1 (805) 621-7181 now for immediate guidance.
Restraining Order Services We Provide in San Luis Obispo
We help San Luis Obispo County residents with all restraining order matters, whether you’re defending against orders or seeking protection:
Defending Against Restraining Orders
- Domestic Violence Restraining Order Defense (DVRO)
Contesting false allegations in restraining orders filed by intimate partners or family members | Goal: Prevent issuance of permanent restraining order protecting gun rights and custody - Civil Harassment Restraining Order Defense
Defending against harassment allegations from neighbors, roommates, or acquaintances | Goal: Dismiss restraining order preventing employment and reputation damage - Workplace Violence Restraining Order Defense
Contesting employer-filed restraining orders affecting employment | Goal: Protect employment and professional reputation
Seeking Restraining Orders for Protection
- Filing Domestic Violence Restraining Orders
Obtaining protection from abusive intimate partners or family members | Goal: Secure temporary and permanent restraining orders with stay-away and no-contact provisions - Filing Civil Harassment Restraining Orders
Seeking protection from stalkers, harassers, or threatening individuals | Goal: Obtain court orders prohibiting contact and harassment - Filing Elder or Dependent Adult Abuse Restraining Orders
Protecting elderly or dependent adults from abuse or financial exploitation | Goal: Secure protection for vulnerable individuals
Restraining Order Violations and Modifications
- Criminal Violation Defense (PC 273.6)
Defending against criminal charges for violating restraining order terms | Goal: Avoid conviction and jail time for alleged violations - Restraining Order Modifications
Petitioning to modify or terminate existing restraining orders | Goal: Reduce restrictions or terminate orders when circumstances change - Mutual Restraining Order Challenges
Contesting mutual orders that restrict both parties without justification | Goal: Remove unjustified restrictions on your freedom
Additional Restraining Order Matters
- Emergency Protective Orders (EPO) – Addressing emergency orders issued by police at domestic violence scenes
- Criminal Protective Orders – Contesting protective orders issued in criminal domestic violence cases
- Gun Violence Restraining Orders (GVRO) – Defending against or seeking orders prohibiting firearm possession
- False Allegation Defense – Presenting evidence exposing fabricated restraining order accusations
- Custody Impacts of Restraining Orders – Addressing Family Code 3044 presumptions in family law cases
- Move-Away Restrictions – Challenging geographic restrictions in restraining orders
- Child Custody and Visitation Orders – Securing or modifying custody orders within DVRO proceedings
- Firearm Relinquishment – Addressing requirements to surrender weapons and seeking return after dismissal
- Contempt Proceedings – Defending against contempt charges for alleged order violations
- Interstate Restraining Orders – Enforcing or defending against out-of-state restraining orders under VAWA
- Restraining Orders in Immigration Cases – Addressing immigration consequences of restraining orders
- Professional License Impacts – Protecting professional licenses threatened by restraining order allegations
- Background Check Impacts – Understanding how restraining orders appear on employment screening
- Restraining Order Expungement – Seeking dismissal of restraining order records when possible
- Appeals of Restraining Orders – Appealing erroneous restraining order decisions to appellate courts
Facing restraining order issues? Whether you’re defending against false allegations or seeking protection from abuse, time is critical and procedures are complex. Call +1 (805) 621-7181 immediately—we’ll explain your situation and options in plain English.
What’s at Stake: Consequences of Restraining Orders
Restraining orders don’t just restrict contact—they can impact every aspect of your life. Here’s what you could be facing:
Immediate Consequences
- Eviction from your San Luis Obispo home even if you own or lease the property
- Immediate loss of contact with your children and presumption against custody
- Requirement to surrender all firearms to law enforcement within 24 hours
- No-contact orders prohibiting any communication directly or through third parties
- Stay-away orders requiring distance from homes, workplaces, schools, and Cal Poly campus
- Criminal prosecution for violations with up to 1 year jail time under PC 273.6
Long-Term Consequences
- Lifetime federal firearm prohibition under 18 USC 922(g)(8) for domestic violence orders
- Rebuttable presumption against child custody under Family Code 3044 in family court
- Restraining orders visible on background checks affecting employment and housing in San Luis Obispo
- Immigration consequences including deportation and inadmissibility for non-citizens
- Professional license impacts for teachers, healthcare workers, and law enforcement
- Permanent record of restraining order affecting future relationships and legal proceedings
⚠️ Time is critical. Restraining order hearings happen quickly, often within 2-3 weeks. The earlier we start preparing your defense or petition, the better your outcome. Request your free consultation now.
Why Hiring an Attorney for Restraining Orders Is Essential
Temporary Restraining Orders Issued Without Your Input
California law allows judges to issue temporary restraining orders immediately upon request based solely on the petitioner’s written declarations—without requiring any proof, without notifying you, and without giving you opportunity to respond. This means you can wake up to discover you’ve been evicted from your San Luis Obispo home, prohibited from seeing your children, and ordered to surrender your firearms based entirely on allegations you’ve never had chance to contest. We’ve successfully represented hundreds of San Luis Obispo residents at restraining order hearings by presenting evidence contradicting false allegations, exposing inconsistencies in petitioner’s declarations, demonstrating ulterior motives including custody disputes and property division, presenting witnesses who contradict petitioner’s claims, and showing judges that temporary orders were issued based on exaggerations or complete fabrications. Without aggressive representation at the permanent restraining order hearing, temporary orders often become permanent based on judges’ tendency to defer to petitioners who “feared” enough to seek protection.
Restraining Orders Are Tactical Weapons in Custody and Divorce
We’ve represented countless San Luis Obispo residents who are victims of restraining order abuse—situations where ex-partners file false domestic violence restraining orders not because they fear violence, but because they want tactical advantage in custody battles and divorce proceedings. Once a domestic violence restraining order is issued, the restrained party faces presumption against custody under Family Code 3044, is evicted from the family home giving petitioner exclusive possession, and appears to be the “bad guy” in family court proceedings. We aggressively challenge these tactical restraining orders by demonstrating through text messages, emails, and social media that petitioner doesn’t actually fear respondent and continues contact, presenting evidence of petitioner’s statements threatening to “get a restraining order” during arguments, showing that allegations are timed to coincide with custody or divorce filings, and exposing that petitioner’s true motive is gaining advantage in family court not genuine fear for safety. Successfully defeating false restraining orders is often the difference between maintaining relationships with your children versus being marginalized as the “abusive parent” who lost custody.
Lifetime Gun Prohibition for Domestic Violence Restraining Orders
Federal law under 18 USC 922(g)(8) prohibits anyone subject to domestic violence restraining orders from possessing firearms while the order is in effect. This federal prohibition applies even to California restraining orders and requires immediate surrender of all guns. For law enforcement officers, military personnel, armed security guards, and gun enthusiasts, domestic violence restraining orders effectively end careers and eliminate constitutionally protected gun rights. We structure defense strategies specifically to prevent domestic violence restraining order findings by pursuing civil harassment restraining order dismissals instead when relationships don’t qualify as “intimate partners,” negotiating agreements where petitioners withdraw requests in exchange for voluntary stay-away commitments, and fighting to prevent any restraining order issuance that would trigger federal firearm prohibitions. For clients whose livelihoods or lifestyles depend on firearms, avoiding domestic violence restraining orders is absolutely critical.
Local Experience Makes the Difference
Restraining order proceedings in San Luis Obispo County Superior Court require understanding which judges are skeptical of false allegations versus those who grant orders liberally, how to effectively present evidence in the compressed hearing format, and what local resources exist for both petitioners and respondents. We’ve handled hundreds of restraining order cases in San Luis Obispo County, know the local judges and their tendencies, understand the court’s procedures and local rules, and can quickly prepare compelling presentations in the limited time available before hearings. We also understand San Luis Obispo specifically—the dynamics of domestic violence allegations during Cal Poly student breakups, neighborhood disputes in downtown San Luis Obispo residential areas, and the unique challenges restraining orders create for people whose work and lives are centered in the relatively small San Luis Obispo community where stay-away orders can be practically impossible to follow.
How Central Coast Criminal Defense Handles Restraining Order Cases
Since 2010, we’ve helped San Luis Obispo residents navigate restraining order proceedings with a proven approach:
- Immediate Case Assessment
We immediately review temporary restraining order paperwork and allegations to identify false statements and provable defenses, assess evidence available to support or oppose restraining order, evaluate tactical motivations including custody disputes and divorce proceedings, determine relationship type and whether domestic violence or civil harassment standards apply, and explain restraining order consequences including gun rights loss and custody presumptions. - Evidence Gathering and Investigation
We gather text messages, emails, and social media posts contradicting fear allegations or showing petitioner initiated contact, obtain witness statements from friends, family, and neighbors who observed the relationship, collect evidence of petitioner’s statements threatening to file restraining orders during arguments, document petitioner’s history of false allegations or manipulative behavior, and gather proof of respondent’s character and non-violent nature through character letters. - Hearing Preparation and Strategy
We prepare detailed trial briefs addressing each allegation in petitioner’s declarations, organize evidence and exhibits for effective presentation at hearing, prepare respondent’s testimony and cross-examination questions for petitioner, line up witnesses who can testify to contradict petitioner’s claims, and develop themes emphasizing false allegations and ulterior motives. - Restraining Order Hearings
We appear at restraining order hearings in San Luis Obispo County Superior Court to vigorously contest petitions, cross-examine petitioners on inconsistencies and false statements, present respondent testimony and witness testimony supporting defense, introduce text messages, emails, and documentary evidence contradicting allegations, and argue that petitioner has not met burden of proof for restraining order issuance. - Negotiation and Resolution
When appropriate we negotiate with petitioners and their attorneys for voluntary dismissals in exchange for stay-away agreements, mutual agreements to leave each other alone without formal restraining orders, limited duration orders with specific terms rather than broad prohibitions, and civil harassment findings rather than domestic violence findings to preserve gun rights. - Violation Defense and Modifications
For clients accused of violating restraining orders we defend criminal violation charges under PC 273.6 in San Luis Obispo County Superior Court, present evidence that contact was accidental or initiated by protected party, demonstrate that alleged violations didn’t actually occur or were misconstrued, and for existing orders that need modification, file petitions to modify terms or terminate orders when circumstances change.
Our restraining order practice is built on successfully representing San Luis Obispo residents in complex and emotionally charged proceedings. We’ve secured outright dismissals of restraining order petitions by exposing false allegations, prevented domestic violence findings by demonstrating relationships didn’t qualify as intimate partner status preserving gun rights, negotiated voluntary dismissals avoiding restraining orders entirely, successfully defended criminal violation charges when contact was accidental or initiated by protected parties, and modified or terminated existing orders when circumstances changed and restrictions were no longer necessary. We understand that restraining orders are often weapons in custody and divorce battles, and that many people facing restraining order allegations are victims of false accusations not perpetrators of abuse.
When restraining orders threaten your freedom, your home, your children, and your gun rights, you need more than just legal representation—you need an advocate who knows San Luis Obispo courts inside and out. That’s exactly what you get with Central Coast Criminal Defense.
Get Your Free Consultation Today
Don’t wait to protect your rights. Restraining order hearings happen quickly, and preparation time is limited.
