Most people learn how California restraining orders work only when one is served on them, and by then, time is already running short. Power Trial Lawyers, the Los Angeles firm behind The Restraining Order Law Firm, is urging the public to learn their rights before that moment arrives. According to the firm, a temporary restraining order can be granted in about a day, and the full hearing may be only about three weeks away. "That isn't much time to understand what the order says, gather your evidence and decide how to respond," said Matthew Barhoma, the firm's founder. "People make the worst mistakes in those first few days, usually because nobody told them the rules."
Barhoma has practiced law in California since 2017 and has appeared as a legal analyst on CNN and Fox News, breaking down live trials, cross-examination and evidentiary rulings. He has also been quoted by Forbes and the Associated Press. His firm sees a range of restraining order situations, including domestic violence orders arising from breakups or separations, civil harassment orders from disputes with neighbors or roommates, elder abuse orders stemming from family conflicts over aging parents, and gun violence restraining orders sought by family members or police officers concerned about firearm access.
For individuals served with a restraining order, the firm recommends immediate steps: follow every term exactly, even if it seems unfair, because violating a restraining order is a crime in California even if the other person initiates contact. Stop all contact with the protected person, including texts, social media and messages passed through friends. Comply with firearm or move-out terms by the deadlines in the order. Save evidence such as texts, call logs, emails, photos and receipts before they disappear. And talk to a lawyer before saying anything on the record, especially if there is also a criminal case, where the right not to testify may apply.
"A restraining order can follow you well past the courtroom," Barhoma said. "Depending on the type, it can last up to five years, affect your right to own a firearm and, in domestic violence cases, weigh against you in a custody decision. You have the right to a hearing and the right to tell your side. Those rights matter most when you use them early." The standard of proof varies by type: domestic violence restraining orders require a showing that it is more likely than not that abuse occurred, while civil harassment and gun violence restraining orders require clear and convincing evidence, a higher bar.
For those seeking protection, the firm advises that a clear, well-supported request carries more weight than a long one. It recommends writing down specific dates and exact words, keeping copies of messages and police or medical records, and asking for protections that fit the situation, such as stay-away, firearm and move-out terms. "Whichever side you're on, the judge is going to look at the evidence, not the emotion," Barhoma said. "The people who come to court prepared are the ones who get heard."
The firm has taken restraining order cases to trial. In one recent Riverside County case, a civil harassment restraining order was defeated at trial and more than 40 firearms were released to the client. Prior results do not guarantee a similar outcome in future matters. Power Trial Lawyers handle restraining order cases in Los Angeles, Orange, Riverside and San Bernardino counties. People with questions can visit https://www.restrainingorderlawfirm.com/. The firm, founded by attorney Matthew Barhoma, also handles criminal appeals and post-conviction work, with offices at 835 Wilshire Blvd. in Los Angeles and 695 Town Center Drive in Costa Mesa. Learn more at powertriallawyers.com.
