What to do if you are served with a restraining order
How to handle the restraining order hearingYou should not attend a restraining order trial alone, and should have counsel present. She or he will know the evidentiary rules and your viable defenses. Make sure you are on time, dress in business casual attire and address the court as "your honor" when and if spoken to. Do not become angry or agitated under any circumstances. In a domestic violence situation the standard of proof is preponderance of the evidence which is a relatively low standard. In civil restraining orders such as a neighbor dispute, the standard is higher, in that it is clear and convincing evidence. The judge will have to decide once he/she hears both sides of the story which side is more persuasive and the crucial evidence.
If a restraining order is granted do not violate itMany people end up in criminal court because they don't know that when they violate a restraining order it is contempt of court or a Penal Code 166 which carries a maximum of 6 months in the County jail and up to $2,000 in fines. Violating a restraining order can be as simple as contacting a third party such as a friend or relative of the person who has the restraining order against you. Be sure to obey everything on the court order which can vary from state to state such as dispensing of all firearms. Make sure to read the expiration date because many people violate their restraining order just days before it is supposed to end.