If you've been served with a restraining order, you must immediately begin the process of preparing your defense. That process should start by consulting with a qualified, local attorney to discuss your options and to coordinate your strategy. A competent attorney will understand the types of arguments that are likely to be effective, and how to present admissible evidence to support your position.
If you possess firearms, you must surrender them to the local police or to a licensed gun dealer within 48 hours. You may not simply sell them to a friend or ask a family member to hold them for you. The police or the gun dealer will prepare some paperwork that you must file with the court. Before your hearing, the judge will confirm that any firearms registered in your name have been accounted for.
Most importantly, though, you must resist the impulse to make matters worse. Do not contact the petitioner in any way. Do not ask someone else to contact the petitioner or to pass along a message on your behalf. Do not try to "fix" the situation yourself by apologizing or by attempting to "smooth things out". Remember, a temporary restraining order IS a restraining order. If you violate it, you will be arrested and prosecuted. Your violation will also be used against you at your hearing. If the judge finds that you have violated the temporary order, he or she will almost certainly grant a permanent restraining order against you, even if the original petition was weak or deficient. As the court sees it, your violation of the temporary order demonstrates that you are impulsive, you don't respect the law, and you are probably dangerous.
Even if the petitioner attempts to contact you while the temporary restraining order is in effect, you may not respond. This seems unfair, and it is, but remember that the temporary restraining order prohibits you from contacting the petitioner, not vice versa. If a judge has ordered you not to contact the petitioner, the petitioner cannot simply grant you permission to disobey the judge.
If you have some valid reason why you NEED to contact the petitioner before your hearing (e.g. you need to pick up your medication from her house, etc.), or you want to negotiate a dismissal outside of court, that communication must be done through your attorney. Your lawyer is the ONLY person who may contact the petitioner or pass along messages to her on your behalf.
If you or a loved one has been served with a temporary restraining order in Southern California, call us for a free attorney consultation. 714 449 3335. Ask for John.
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