Domestic violence restraining orders (DVROs) can be issued quickly—and the consequences can be immediate and severe. Even before a criminal case moves forward, a restraining order can restrict where you live, who you can contact, and your access to firearms. Many defendants underestimate how serious these hearings are, assuming they are informal or temporary. That misunderstanding often leads to avoidable, long-term damage.
Restraining Orders Are Civil—But the Consequences Are Not
DVRO hearings take place in civil court, which leads many people to believe the stakes are lower. In reality, the outcome can affect criminal proceedings, custody rights, employment, and housing.
A restraining order may:
- Force you out of your home
- Limit contact with a spouse, partner, or children
- Impact child custody and visitation
- Prohibit firearm ownership
- Create a permanent court record
Violating a restraining order—even accidentally—is a separate criminal offense.
Mistake #1: Treating the Hearing as “No Big Deal”
One of the most common mistakes is failing to prepare. Temporary restraining orders are often granted based on one-sided allegations. The hearing is your opportunity to challenge those claims—but only if you present evidence and argument effectively.
Showing up without legal representation, witnesses, or documentation puts defendants at a serious disadvantage.
Mistake #2: Assuming the Judge Will “See Through” False Claims
Judges must prioritize safety, which means allegations are taken seriously—even when they are exaggerated or false. The court is not there to investigate on your behalf.
If false statements aren’t challenged with evidence, the judge may have no choice but to grant the restraining order.
Effective defense requires presenting:
- Contradictory evidence
- Text messages, emails, or call logs
- Witness testimony
- Context that undermines credibility
Mistake #3: Communicating With the Protected Party
After a temporary restraining order is issued, any contact—direct or indirect—can be a violation. Many defendants make the mistake of responding to messages, attempting to explain themselves, or asking mutual friends to pass along information.
Even well-intentioned contact can result in arrest and additional charges. Once a restraining order is in place, communication should stop unless explicitly allowed by the court.
Mistake #4: Ignoring How DVROs Affect Criminal Cases
Statements made during restraining order hearings are often recorded and can be used later in criminal proceedings. Defendants who testify without legal guidance may inadvertently create evidence against themselves.
A coordinated defense strategy considers both the civil hearing and any potential or pending criminal case.
Mistake #5: Overlooking Long-Term Consequences
Restraining orders can remain on record for years. Even after they expire, they may appear in background checks or influence future court proceedings.
What feels like a short-term issue can become a lasting obstacle if not handled properly from the start.
Why Legal Representation Matters in DVRO Hearings
An experienced defense attorney understands how restraining order hearings work and how to challenge weak or unsupported allegations. Legal counsel helps ensure that evidence is presented effectively and that your rights are protected throughout the process.
Simmons Wagner, LLP represents clients in domestic violence restraining order hearings with a focus on limiting damage and preventing unjust outcomes.
Take DVRO Hearings Seriously—From Day One
A restraining order can reshape your life in a matter of days. Treating it casually is a mistake you may not be able to undo.
If you’re facing a domestic violence restraining order in California, contact Simmons Wagner, LLP at (949) 439-5857 to discuss your options and protect your rights before the hearing takes place.