What is the process of contesting a restraining order in state of CA

Asked almost 6 years ago - San Francisco, CA

Friends of my roommate are having domestic issues and the woman filed a restraining order against the man. The man wants to know if and how he can contest it since he says it's a bunch of lies. They're not married, but they do have a child who was living with them (the mother of the girl currently has him with her in another city). The man holds the lease to the house and pays for it. The location is San Francisco, California.

Can he contest the restraining order?
Can he no longer live in his house?:
Does he need a lawyer?

Thank you.

Additional information

I'm a disabled american veterans, 65 years old. My wife submitted a restraining order with lies and the lady judge believed my wife,or one way favored my wife. She also included our two minor children. THEN SHE CHANGED My social security benefit to her name, she's 47 years old and not working. What isw the best way to contest the restraining order? How can I regain my social security benefit ? I want to divorce her and have the custody of my minor children, I'm sure I can guide my children to have a good futures. I can pay you by money order. Respectfully...N.

Attorney answers (3)

  1. David Carl Beyersdorf

    Contributor Level 13

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    Lawyer agrees

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    Answered . Yes. Yes. Yes.

    Of course the man can contest the restraining order,. Typically th eprocess is that one party makes allegations against another party. If the court determines that the facts alleged are bad enough, a temporary order is issued pending a hearing on the matter. The party requesting the order must have the pother party served with the orders and notice of the hearing. On those papers it clearly indicates that the respondent should file a response if they intend to contest the request for restraining order. There should also be a date by which that response whould be filed with the court and served on the requesting party(petitioner). Get a lawyer and have him/her help with the response. Don't file the papers on your own and then hope an attorney can just appear at the hearing and win. A good defense takes planning and preparation. Good Luck

    David C. Beyersdorf

  2. Christopher Francis Morales

    Pro

    Contributor Level 9

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    Answered . On the restraining order there should be a date for a hearing. If not go to the court on McAllister street to ask for a hearing. Yes, he can contest it. The best way is to look at the declaration that the moving wrote asking for the restraining order. If any part of the declaration is false or misleading then the restraining order was issued based on a false or misleading declaration and should be invalid. Each restaining order is a little different so read it carefully, i've never heard of a restraining order that forced someone to move out of their house.

  3. Debra Sarah White

    Pro

    Contributor Level 11

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    Lawyer agrees

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    Answered . 1. Absolutely he can contest the Restraining Order (RO). When he was first served with the order, it should have been a Temporary Restraining Order (TRO). The TRO provides notice of an Order to Show Cause (OSC) hearing which is the hearing to contest the allegations in the TRO. If he failed to appear at this hearing, a RO may have been automatically granted against him. Nevertheless, he can file papers in the court that issued the order to challenge it's validity or to request a modification of the terms of the order.
    2. If the current order is valid AND specifies that he cannot be near her, then he can't be near her, even in his own house! He must go to court and explain the living situation and get an order that she move out of his house.
    3. His chances of success are greatly increased with the assistance of a qualified attorney. Also, an attorney can contact the woman or he attorney to try to get her to move or modify the order, whereas his order probably prohibits him from any such contact wither directly or through a third party.

    Best Regards,
    Debra S. White

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