After you file for a restraining order, a judge reviews your request quickly and sets a hearing within a few weeks. Those weeks can feel like the most exposed stretch of the case, because the person you fear is about to learn what you told the court. Knowing what happens after you file for a restraining order lets you stay ahead of every deadline and every move the other side makes.
At Hurwitz Law Group, we stand beside people throughout Southern California who have asked the court for protection and prepare them for the hearing ahead. Our team also defends people who have been served, so we understand the arguments the other side often raises. If you have already filed, reach out to us before your hearing date.
A temporary restraining order is a short-term court order that protects you until the full hearing. In California, Family Code section 246 requires a judge to grant or deny a temporary order requested without notice on the same day you submit your petition. If you file too late in the day for an effective review, the ruling comes by the next day of court business.
A denial at this stage does not end your case. Family Code section 242 requires a hearing within 21 days, or 25 days if the court finds good cause, from the date the court grants or denies the temporary order. If the hearing doesn't happen within that window, a granted temporary order stops being enforceable unless the court extends it.
Read the signed order closely, because its terms, not your request, define what the other person may not do. We review those terms with you and flag any protection the judge did not include.
Family Code section 243 requires personal service, meaning someone must hand the papers directly to the person you filed against at least 5 days before the hearing. Those papers include your petition, any temporary order, and the notice of hearing. The court can shorten that deadline, and once you serve the papers, the other person may file a response that explains or denies your allegations.
The California courts’ guide to serving restraining order papers explains that a sheriff or marshal will serve your papers for free. You cannot serve them yourself, and anyone else who serves them must be at least 18 and not part of your case. Once the other person is served, police can arrest them for violating the temporary order.
Serving someone who dodges contact can take several attempts. We push for early service, track each attempt, and plan ahead if the deadline gets close.
If the other person has not been served yet, or you are unsure service was done correctly, call Hurwitz Law Group at (323) 244-4147. We will review your papers and explain your next move before the deadline passes.
Service gives the other person time to prepare, too. Expect some or all of the following:
We plan for each of these moves before your hearing date.
Because our restraining order representation includes defending people who have been served, we understand how these responses are typically built.
At the hearing, the judge decides whether your temporary protection becomes a long-term order. You may have limited time to speak, so preparation matters.
The state court guide to preparing for your court date explains that the judge usually hears from the person who filed first, and both sides get a chance to speak. A support person can sit beside you, but that person cannot speak for you. The judge usually decides that day but may ask both sides to return if more information is needed.
Take these steps before your court date:
We work through each step with you so your presentation stays focused.
In a domestic violence case, Family Code section 6300 allows an order when the court finds reasonable proof of a past act or acts of abuse. The court may issue that order based solely on your sworn statement or testimony. For example, a dated screenshot of a threatening text, paired with a witness who saw what happened next, gives the judge something concrete to weigh.
California civil harassment cases, which usually involve neighbors, coworkers, or acquaintances, follow Code of Civil Procedure section 527.6. There, the judge must find clear and convincing evidence of unlawful harassment, a higher bar than most civil cases require. The restrained person in those cases may also file a cross-petition, meaning their own request for an order against you.
A signed order after the hearing gives you longer protection. It also brings follow-up steps and the risk of violations.
Under Family Code section 6345, a domestic violence order issued after a hearing can last up to 5 years. You can request renewal during the 3 months before it expires, and the judge may renew it for 5 or more years, or permanently, without proof of new abuse. Our guide to modifying or extending a restraining order covers that process.
The signed Restraining Order After Hearing (form DV-130) is your actual order. The state court guide for after a judge grants your order advises keeping a copy with you at all times and giving copies to people who need to know, such as your child’s school.
California treats a violation of your order as a crime. Under Penal Code section 273.6, an intentional and knowing violation is a misdemeanor that carries up to 1 year in county jail, a fine of up to $1,000, or both. Our article on the consequences of violating a restraining order explains how those cases unfold.
A criminal case against the other person can also produce a criminal protective order, a separate order issued by the criminal court. The state court guide to domestic violence restraining orders confirms that you can still ask for your own restraining order in that situation. A criminal order ends if the criminal case is dismissed, and it may not include protections such as child custody orders.
Because Hurwitz Law Group focuses on criminal defense, we watch both courtrooms and flag conflicts early. Our breakdown of criminal protective orders explains how they operate alongside a civil case.
Police can arrest the other person for violating a temporary order only after they are served. That is why we push for service as early as possible.
You can ask the court for a new hearing date, and the judge can keep your temporary order in effect until then. We help you document each service attempt.
Yes, because your petition must be personally served on them. We help you keep your statement factual and specific.
Yes, a support person can sit beside you, but that person cannot speak for you. When we represent you, we handle the legal argument.
In civil harassment cases, the restrained person may file a cross-petition asking for an order against you. Hurwitz Law Group prepares you to answer those claims at the hearing.
No, you can still request your own restraining order, and we can help you pursue it. A criminal protective order ends if the criminal case is dismissed.
If the sheriff has just served the person you filed against, the clock toward your hearing is already running. Brian Hurwitz brings more than 10 years of criminal defense experience to every restraining order case we take. Hurwitz Law Group has earned more than 100 five-star reviews, along with recognition from Super Lawyers and The National Trial Lawyers.
We track your service deadline, study the other side’s response, and stand beside you in courtrooms throughout Southern California. Our team is available 24/7, and we offer payment plans so cost does not keep you from getting help.
Bring your filed papers, and we will walk through your next deadline together. Call (323) 244-4147 or contact us online for a free case evaluation about what happens after you file for a restraining order in California.
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