Family, Divorce & Safety · Safety and restraining orders
When someone is served with a restraining order request
In this guide
- A temporary restraining order is enforceable as soon as the person is served.
- The person served can file a written response and attend the hearing to tell their side.
- Most restraining orders require turning in or selling firearms, generally within 24 hours.
The papers
A person who is served receives the request, any temporary order, and a notice of the hearing date. A temporary order must be obeyed right away, even before the hearing. Violating a restraining order is a crime.
Responding
Each order type has its own response form, such as DV-120 for domestic violence and CH-120 for civil harassment. The response is filed with the court and served on the other side before the hearing. The person can also bring evidence and witnesses to the hearing.
Firearms
Most restraining orders prohibit owning or possessing firearms and ammunition. Firearms generally must be turned in to law enforcement or sold or stored with a licensed gun dealer within 24 hours of being served, and proof must be filed with the court.
Other effects
A domestic violence restraining order can affect child custody orders and may appear in background checks. The court self-help pages describe these effects in more detail.
Time frames (general)
- Firearm surrender after service: generally within 24 hours
- Response: filed and served before the hearing date; the court’s instructions for each order type give exact timing.
Common questions
Can the hearing be postponed?
Either side can ask the court to reschedule a hearing, and the temporary order usually stays in effect until the new date. The court decides whether to allow it.
Official sources for this guide
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