How do I Stop a False Restraining Order?

Restraining orders can be reversed upon hearing.

Restraining orders are obtained by petitioners who reasonably believe they are in danger by the respondent. Often referred to as an Order of Protection, the Order can restrict the respondent from making contact with a petitioner.

Temporary Orders

Due to the possible danger suffered by a petitioner, most jurisdictions will allow for emergency or temporary orders to be entered. Temporary orders can be entered ex parte---without the presence of the respondent. The petitioner will have to fill out a form stating the reasons for her request for the restraining order and answer a few questions before a judge, who will grant the order and set a return date.

Challenging the Order

When a temporary or emergency order is entered, the first time a respondent may ever hear of the case is when he is mailed a copy of the order. For an individual looking to contest the restraining order, it is important to remember that the temporary order will only be for a short time, and that a hearing will be set on the return date. The respondent should carefully examine the petitioner's order, which will contain the allegations she relied upon to persuade the judge to grant the order. He may then prepare his arguments for the hearing on the restraining or protection order. At the hearing, the judge will weigh the evidence and arguments of both parties before making a determination to either grant a formal or permanent order or to allow the temporary order to extinguish.

Violating an Order

Regardless of whether the respondent disputes the allegations contained in a restraining order, he may not violate the terms of the order. Violations of the order will be used by the petitioner to seek a permanent order and will also subject the respondent to criminal sanctions.

References

• California Courts: Restraining Order