How Do I Defend Myself at a TRO Hearing in California?

Full question:

I live in Dublin, CA and I received TRO (Temporary Restraining Order) and notice of hearing by a mother/son who live in the HOA next to us. The accusations are pretty extreme. My HOA has signs of No Trespassing posted in several locations throughout the community. This issue is the son continually trespassed on our property and skateboards/jumps the curbs in our community. I have asked this kid, repeatedly not to skate as we don't allow it. I also explained that our residents would have to pay for new sidewalks and that his skating is increasing the deterioration on the sidewalk. This kid frequently brings friends with him How do I present myself at the hearing so that the TRO is dropped and protect myself from future legal action by the mother. The bottom line is that this kid is trespassing. Other neighbors have also asked him to stop. I ask the most because I walk my dog several during the day. The last time I saw the kid and his 3 friends I called the police and had the police file a trespassing report. 3 days after the officer filed the report the mother/son filed the TRO. Don't I have rights as a homeowner? The hearing is scheduled for 8/27/09 at 8:30 a.m.

• Category: Restraining Order
• Date: 04/07/2025
• State: California

Answer:

A restraining order may be issued to a person who is a victim of harassment. A restraining order is a court document that is an order signed by a judge. Typically, civil court orders are not published in newspapers, but violations of criminal restraining orders will become part of one's legal record. The restraining order may expire by statute or remain in effect until vacated by the court. The order may or may not be issued ex parte, or without both parties to the order present. In certain cases, a judge may require testimony by both sides before issuing a restraining order.

The testimony and evidence presented will depend on all the circumstances involved. I suggest contacting a local attorney who is experienced in handling such matters. Generally, a person is advised to appear in court on time, properly dressed, and act and speak respectfully to the court. The facts should be presently calmly, clearly and succinctly, rather than in a rambling or belligerent manner. Some of the evidence, among others, the court may consider in determining allegations of trespass include photos, such as a no trespasing sign, affidavits or oral testimony of witnesses and copies of HOA rules.

Please see the following CA statute:

527.6. (a) A person who has suffered harassment as defined in
subdivision (b) may seek a temporary restraining order and an
injunction prohibiting harassment as provided in this section.
(b) For the purposes of this section, "harassment" is unlawful
violence, a credible threat of violence, or a knowing and willful
course of conduct directed at a specific person that seriously
alarms, annoys, or harasses the person, and that serves no legitimate
purpose. The course of conduct must be such as would cause a
reasonable person to suffer substantial emotional distress, and must
actually cause substantial emotional distress to the plaintiff.
As used in this subdivision:
(1) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
(2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(3) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an individual,
making harassing telephone calls to an individual, or sending
harassing correspondence to an individual by any means, including,
but not limited to, the use of public or private mails, interoffice
mail, fax, or computer e-mail. Constitutionally protected activity is
not included within the meaning of "course of conduct."
(c) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with Section 527, except to the extent this section provides a rule
that is inconsistent. A temporary restraining order may be issued
with or without notice upon an affidavit that, to the satisfaction of
the court, shows reasonable proof of harassment of the plaintiff by
the defendant, and that great or irreparable harm would result to the
plaintiff. In the discretion of the court, and on a showing of good
cause, a temporary restraining order or injunction, issued under this
section may include other named family or household members who
reside with the plaintiff. A temporary restraining order issued under
this section shall remain in effect, at the court's discretion, for
a period not to exceed 15 days, or, if the court extends the time for
hearing under subdivision (d), not to exceed 22 days, unless
otherwise modified or terminated by the court.
(d) Within 15 days, or, if good cause appears to the court, 22
days from the date the temporary restraining order is issued, a
hearing shall be held on the petition for the injunction. The
defendant may file a response that explains, excuses, justifies, or
denies the alleged harassment or may file a cross-complaint under
this section. At the hearing, the judge shall receive any testimony
that is relevant, and may make an independent inquiry. If the judge
finds by clear and convincing evidence that unlawful harassment
exists, an injunction shall issue prohibiting the harassment. An
injunction issued pursuant to this section shall have a duration of
not more than three years. At any time within the three months before
the expiration of the injunction, the plaintiff may apply for a
renewal of the injunction by filing a new petition for an injunction
under this section.
(e) This section does not preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
(f) In a proceeding under this section if there are allegations or
threats of domestic violence, a support person may accompany a party
in court and, if the party is not represented by an attorney, may
sit with the party at the table that is generally reserved for the
party and the party's attorney. The support person is present to
provide moral and emotional support for a person who alleges he or
she is a victim of domestic violence. The support person is not
present as a legal adviser and may not provide legal advice. The
support person may assist the person who alleges he or she is a
victim of domestic violence in feeling more confident that he or she
will not be injured or threatened by the other party during the
proceedings if the person who alleges he or she is a victim of
domestic violence and the other party are required to be present in
close proximity. This subdivision does not preclude the court from
exercising its discretion to remove the support person from the
courtroom if the court believes the support person is prompting,
swaying, or influencing the party assisted by the support person.
(g) Upon the filing of a petition for an injunction under this
section, the defendant shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may for good cause, on motion of the plaintiff or
on its own motion, shorten the time for service on the defendant.
(h) The court shall order the plaintiff or the attorney for the
plaintiff to deliver a copy of each temporary restraining order or
injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff. Each appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported harassment.
An order issued under this section shall, on request of the
plaintiff, be served on the defendant, whether or not the defendant
has been taken into custody, by any law enforcement officer who is
present at the scene of reported harassment involving the parties to
the proceeding. The plaintiff shall provide the officer with an
endorsed copy of the order and a proof of service that the officer
shall complete and send to the issuing court.
Upon receiving information at the scene of an incident of
harassment that a protective order has been issued under this
section, or that a person who has been taken into custody is the
subject of an order, if the protected person cannot produce a
certified copy of the order, a law enforcement officer shall
immediately attempt to verify the existence of the order.
If the law enforcement officer determines that a protective order
has been issued, but not served, the officer shall immediately notify
the defendant of the terms of the order and shall at that time also
enforce the order. Verbal notice of the terms of the order shall
constitute service of the order and is sufficient notice for the
purposes of this section and for the purposes of Section 273.6 and
subdivision (g) of Section 12021 of the Penal Code.
(i) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
(j) Any willful disobedience of any temporary restraining order or
injunction granted under this section is punishable pursuant to
Section 273.6 of the Penal Code.
(k) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
(l) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of the Civil
Code or by Division 10 (commencing with Section 6200) of the Family
Code. This section does not preclude a plaintiff from using other
existing civil remedies.
(m) The Judicial Council shall promulgate forms and instructions
therefor, and rules for service of process, scheduling of hearings,
and any other matters required by this section. The petition and
response forms shall be simple and concise, and their use by parties
in actions brought pursuant to this section shall be mandatory.
(n) A temporary restraining order or injunction relating to
harassment or domestic violence issued by a court pursuant to this
section shall be issued on forms adopted by the Judicial Council of
California and that have been approved by the Department of Justice
pursuant to subdivision (i) of Section 6380 of the Family Code.
However, the fact that an order issued by a court pursuant to this
section was not issued on forms adopted by the Judicial Council and
approved by the Department of Justice shall not, in and of itself,
make the order unenforceable.
(o) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
(p) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against the petitioner,
or stalked the petitioner, or acted or spoken in any other manner
that has placed the petitioner in reasonable fear of violence, and
that seeks a protective or restraining order or injunction
restraining stalking or future violence or threats of violence, in
any action brought pursuant to this section. No fee shall be paid for
a subpoena filed in connection with a petition alleging these acts.
No fee shall be paid for filing a response to a petition alleging
these acts.
(q) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process of a protective order, restraining order, or injunction to
be issued, if any of the following conditions apply:
(A) The protective order, restraining order, or injunction issued
pursuant to this section is based upon stalking, as prohibited by
Section 646.9 of the Penal Code.
(B) The protective order, restraining order, or injunction issued
pursuant to this section is based upon a credible threat of violence.

(C) The protective order, restraining order, or injunction is
issued pursuant to Section 6222 of the Family Code.
(2) The Judicial Council shall prepare and develop application
forms for applicants who wish to avail themselves of the services
described in this subdivision.