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This page explains restraining orders in San Diego from the point of view of the person who has been served: the types of orders, how the restraining order process works, and what an order does to your home, children and firearms.
A temporary restraining order can be granted without the restrained person present (Family Code § 246), and the hearing is generally set within 21 days, or 25 days for good cause (Family Code § 242). Vikas Bajaj represents people who have been served with a request for a restraining order, as well as people with a criminal case where the court has issued a protective order.
Three Different Orders, Three Different Courts
- Domestic Violence Restraining Order (DVRO): a civil order under the Domestic Violence Prevention Act (Family Code § 6211 lists the qualifying relationships, such as a spouse, dating partner, co-parent or close family member).
- Criminal Protective Order (CPO): issued by the judge in a criminal case under Penal Code § 136.2, which also allows an order of up to 10 years after a domestic violence conviction. See criminal protective orders.
- Civil Harassment Restraining Order (CHRO): covers harassment by people without a close relationship, under Code of Civil Procedure § 527.6.
A person can face more than one at once. A civil DVRO and a CPO in a domestic violence criminal case can run side by side, and anything said in one can be used in the other.
How a DVRO Case Moves in San Diego
- Request and temporary order. The protected party files a request (form DV-100), and a judge decides the temporary order (DV-110) under Family Code § 246.
- Service. The papers must be personally served by an adult who is not protected by the order and is not involved in the case.
- Response. You can file a response (DV-120) with your own declaration and evidence. This is the first chance to tell your side in writing.
- Hearing. Generally within 21 days, or 25 days for good cause (Family Code § 242). The restrained party is entitled to one continuance as a matter of course (Family Code § 245).
- Decision. An order after hearing can last up to five years and can be renewed (Family Code § 6345).
What a Restraining Order Does to Your Firearms
A restrained person must relinquish firearms and ammunition within 24 hours of service, unless the court orders otherwise, and file proof with the court (Family Code § 6389). Federal law separately bars firearm possession while a qualifying order is in effect (18 U.S.C. § 922(g)(8)).
Other Consequences People Do Not Expect
A DVRO can also include move-out orders (Family Code § 6321) and temporary terms that limit the restrained person’s custody and visitation time with children (§ 6323). Violating any term is a crime under Penal Code § 273.6 (see violating a court order). Orders are entered into the state’s law enforcement system (Family Code § 6380).
Penalties for Violating an Order
Violating a restraining order is generally a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000 (Penal Code § 273.6). Owning or possessing a firearm while subject to an order is a separate offense (Penal Code § 29825).
How an Order Can Affect a Restrained Parent
For a restrained person who is a parent, a finding of domestic violence within the past five years creates a rebuttable presumption against that person receiving custody (Family Code § 3044). That consequence is one reason the restraining order hearing itself is so important to the defense.
Civil Harassment Orders
A civil harassment order under Code of Civil Procedure § 527.6 follows a similar path: a temporary order, a hearing generally within 21 or 25 days, and an order after hearing of up to five years.
Preparing for the Hearing
- Follow every term of the temporary order, including no contact.
- Keep texts, call logs, emails and social media posts.
- If there is an open criminal case, talk to a lawyer before you testify or file a declaration.
Civil Harassment Restraining Orders Under CCP § 527.6
A civil harassment restraining order is available against a neighbor, coworker, acquaintance or other person outside the relationships covered by domestic violence law. Under Code of Civil Procedure § 527.6, harassment means unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys or harasses that person and serves no legitimate purpose. Constitutionally protected activity is not included.
- Standard of proof: the judge issues an order after hearing only if harassment is shown by clear and convincing evidence (§ 527.6(i)).
- Duration: up to five years, and the order can be renewed (§ 527.6(j)).
- Firearms: the restrained person may not own or possess firearms or ammunition while the order is in effect and must relinquish them (CCP § 527.9).
- Workplace orders: an employer can seek a similar order on behalf of an employee under CCP § 527.8.
Gun Violence Restraining Orders Under Penal Code § 18100
A gun violence restraining order (GVRO) prohibits a person from having firearms and ammunition when a court finds a significant danger of injury to self or others (Penal Code § 18100 and following sections).
- Who can petition: law enforcement and, under § 18150, an immediate family member, an employer, a coworker or certain school employees.
- Temporary orders: a temporary emergency order requested by law enforcement (§ 18125) or an ex parte order (§ 18150) generally lasts up to 21 days, until a hearing.
- Order after hearing: requires clear and convincing evidence and can last one to five years (§ 18175). The restrained person may submit one written request for a hearing to terminate the order during each period the order or a renewal is in effect (§ 18185).
- Violation: knowingly possessing a firearm or ammunition in violation of a GVRO is a misdemeanor (§ 18205).
Federal Law and Out-of-State Enforcement
Protection orders issued in California are enforceable in other states under the federal full faith and credit provision (18 U.S.C. § 2265). Crossing state lines to violate a protection order is a separate federal offense (18 U.S.C. § 2262). Repeated conduct that violates an order can also support a stalking charge (Penal Code § 646.9).
Restraining Order FAQs
Do I need a lawyer for a restraining order hearing in San Diego?
You are not required to have one. The hearing can affect your home, your children and your firearms.
Can a restraining order be dropped?
The protected party can ask the court to end or change a DVRO, but only the judge can do it. Until the judge signs a new order, the existing one stays in effect.
What if the accusation is false?
The hearing is your chance to respond. See evidence to gather after a false domestic violence accusation.
If you have been served, call (619) 525-7005 or request a confidential consultation. Every case turns on its own facts, and no outcome can be promised.
Do I need a lawyer if I have been served?
You are not required to have one. Still, the hearing comes quickly, the order can last up to five years, and what you say can be used in a related criminal case.
What if the other person contacts me?
The order restrains you, not them. Do not respond. Keep the messages and talk to your lawyer.
What is the difference between a civil harassment order and a gun violence restraining order?
A civil harassment order under CCP § 527.6 restricts contact and conduct toward the protected person. A GVRO under Penal Code § 18100 is focused on removing access to firearms and ammunition, and it does not by itself order the person to stay away from anyone.
Does a restraining order create a criminal record?
A civil restraining order is not a criminal conviction, but it is entered into the state law enforcement database, and violating it can lead to criminal charges under Penal Code § 273.6.
This page provides general information about California and federal law. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change, and every case depends on its own facts.