Restraining orders in California move faster than most people expect, and the consequences can last for years. Power Trial Lawyers, a Los Angeles firm behind The Restraining Order Law Firm, is urging the public to understand their rights before a restraining order becomes part of their life. The firm's founder, Matthew Barhoma, said a temporary restraining order can be granted in about a day, with the full hearing often only about three weeks away. That leaves little time to understand the order, gather evidence, and decide how to respond.
Barhoma, who has practiced law in California since 2017 and has appeared as a legal analyst on CNN and Fox News, said people make their worst mistakes in the first few days, usually because nobody told them the rules. The implications are significant: a restraining order can last up to five years, affect the right to own a firearm, and in domestic violence cases, weigh against a person in a custody decision. The firm sees four common situations: a breakup or separation leading to a domestic violence restraining order, often with custody or a shared home at stake; a dispute with a neighbor, roommate, or acquaintance turning into a civil harassment restraining order; a family conflict over an aging parent leading to an elder or dependent adult abuse restraining order; and concerns about firearm access prompting a gun violence restraining order.
For those served with an order, the firm recommends immediate steps. Follow every term exactly, even if it seems unfair, because violating a restraining order is a crime in California even if the other person reaches out first. Stop all contact with the protected person, including texts, social media, and messages passed through friends. Follow any firearm or move-out terms by the deadlines in the order. Save evidence now, as texts, call logs, emails, photos, and receipts can disappear. And talk to a lawyer before saying anything on the record, especially if there is also a criminal case, where the right not to testify may apply.
The standard of proof also changes by type. A domestic violence restraining order requires showing it is more likely than not that abuse occurred. Civil harassment and gun violence restraining orders require clear and convincing evidence, a higher bar. For those seeking protection, the firm says a clear, well-supported request carries more weight than a long one. It recommends writing down specific dates and exact words, keeping copies of messages and police or medical records, and asking for protections that fit the situation, such as stay-away, firearm, and move-out terms.
Barhoma emphasized that the judge will look at evidence, not emotion, and that people who come to court prepared are the ones who get heard. The firm has taken restraining order cases to trial. In one recent Riverside County case, a civil harassment restraining order was defeated at trial and more than 40 firearms were released to the client. Prior results do not guarantee a similar outcome. Power Trial Lawyers handle restraining order cases in Los Angeles, Orange, Riverside, and San Bernardino counties. People with questions can visit Power Trial Lawyers. The firm also provides information about its founder, Matthew Barhoma, and additional resources at powertriallawyers.com.
