Legal Question in Criminal Law in California

Re: temporary restraining order

A restraining order is a civil matter, separate from your criminal charges. If it is made permanent at the hearing, then you lose your firearms rights, as you've discovered. You can try to 'fight' it with whatever evidence and persuasive arguments you may have, including your job loss, but being arrested for battery gives pretty good grounds for the court to issue the RO upon request. If you're serious enough about trying to fight it to hire counsel, feel free to contact me.

Re: temporary restraining order

Better get represented as every case is fact specific and a personal professional opinion is requried. Contact me directly.

Re: temporary restraining order

Law enforcement is authorized, with a judge's approval, to issue a temporary restraining order in certain situations - domestic violence and sexual assault allegations to name a couple.

Ordinarily, a TRO is only good for a limited period of time and unless charges are filed and a new restraining order is issued or the alleged victim goes to court and seeks a permanent restraining order, they will expire on their own.

The DA has up to a year to file charges on this matter, so just because the DA hasn't yet filed anything doesn't necessarily matter. Even if the DA's office says they will not be filing charges ever, it's a different standard of proof and a judge can make their own determination of whether or not they will grant a request for a restraining order.

If you've gotten notice of a hearing on a permanent restraining order, then yes, you have to show up or it will more than likely be granted against you by default.

What do you say to the judge? Before you say anything, think about this - anything you say can potentially be used against you in a criminal prosecution. You really should consult with a criminal defense attorney about this situation before you go to the hearing.

You say you can't work without the firearms. I don't know what you do for a living, but even more reason to consult an attorney to try and keep you employed. Not having a gun to protect yourself because of a restraining order against you isn't sufficient reason to not have one put against you.

Re: temporary restraining order

Criminal charges are brought by the state. Restraining orders are sought by the petitioners. That the state hasn't charged you (yet) has no bearing on whether your alleged victim can seek -- or win -- a restraining order against you.

A restraining order can be based upon conduct that isn't criminal at all. The lack of pending charges against you is thus completely irrelevant to the restraining order case.

You should get a lawyer to defend you against the petition for the restraining order, even if only to prevent you from saying something in your defense that might be used against you if you end up being charged with a crime.

Feel free to contact me directly if you want to discuss this further.