Restraining Orders are protective orders which are ordered by the court to protect someone from being harassed, threatened, physically or sexually abused, or stalked. A Restraining Order can also include a protected person’s family or household members.
Civil Harassment Restraining Orders
Civil Harassment Restraining Orders apply to you if you are being harassed, threatened, abused, or stalked by someone that you are not in a close relationship with or were not in such a relationship with previously. This may include friends, coworkers, neighbors, strangers, and more.
Domestic Violence Restraining Orders apply to you if someone abused you and you have/had a close relationship with him/her. Close relationship is defined as a romantic, sexual, or familial relationship. Familial relationships may also include those through marriage or adoption.
Elder or Dependent Adult Abuse Restraining Orders apply to you if you are age 65 or older, or if you have certain mental or physical disabilities which effect aspects of your day-to-day life, and you have been harassed, threatened, or abused by anyone. Someone with the legal right to make decisions for the Elder or Dependent Adult may ask for a Restraining Order on their behalf.
Workplace Violence Restraining Orders apply to you if you are an employer seeking protection for an employee/s who is suffering serious harassment, stalking, violence or a credible threat of violence at the workplace. This includes harassment or abuse by other current or former employees, by customers, and by any other persons regularly on company property (even if they are trespassing).
Gun Violence Restraining Orders are unique because they can only be requested by a member of law enforcement, a family member, an employer (against an employee), or an elementary or high school teacher (against a student) against someone who they believe is a serious threat to the public or to themselves due to their access to firearms.
Post Secondary School Violence Restraining Orders are unique because they can only be requested by an administrative officer or security officer of a private post secondary school against a person who has made a threat to commit an act of violence against one or more students on the school campus.
A Temporary Restraining Order (TRO) is a Restraining Order issued by the court immediately following the filing of a Request for Restraining Orders. This order only stays in place until the court hearing. After a judge has reviewed the Request for Restraining Orders, they will decide if a Temporary Restraining Order is necessary. If the judge is not convinced the conduct occurred or finds that the conduct does not meet the criteria for a Restraining Order, a Temporary Restraining Order will not be issued. Whether or not a Temporary Restraining Order is issued in your case, you will be given a hearing date where the court will determine whether a Permanent Restraining Order is necessary.
Permanent Restraining Orders (Restraining Orders After Hearing)
Despite being referred to as “permanent,” a Permanent Restraining Order does not last forever. Another name for Permanent Restraining Orders is “Restraining Order After Hearing.” These are the Restraining Orders issued by the court after a court hearing has been held to determine if the Respondent needs to be restrained. A Permanent Restraining Order can last between 1 and 5 years, and the duration is determined at the judge’s discretion. Before the order expires, a protected party may request for a Permanent Restraining Order to be extended if needed. To obtain a Permanent Restraining Order the protected party must prove to the court that the harassing or abusive conduct is ongoing, knowing and willful, and serves no legitimate purpose.
Emergency Protective Orders (EPO)
An Emergency Protective Order (EPO) can only be issued by law enforcement personal. A member of law enforcement can, at any time, request that an emergency order be issued immediately. These orders may only last for seven days and cannot be extended. This order is to give you protection while you file a Request for a Restraining Order.
Criminal Protective Orders (CPO)
A Criminal Protective Order (CPO) is issued by the court in a criminal matter to protect a victim or witness. A judge will order a Criminal Protective Order if the facts of the alleged crime deem one necessary for the safety of the victim or witness.
Frequently Asked Questions
What are the Effects of a Restraining Order?
The effects of having a Restraining Order issued against you may be severe. A Restraining Order will prevent you from communicating with or going near a specific individual, or individuals. This includes staying away from their home, place of work, and vehicle/s. If a protected party shows up to a location you are already at, you must leave. Restraining Orders go into a state-wide database that is available to all members of law enforcement, including federal. Some out-of-state law enforcement agencies also have access to this database. You may be asked about the Restraining Order during traffic stops or other interactions with law enforcement.
You will be prohibited from owning, possessing, or having access to firearms, fire parts, ammunition. and body armor. When served with a Temporary Restraining Order you will immediately need to store or sell your firearms, fire arm parts, ammunition, and body armor with a law enforcement agency or an authorized firearms dealer. If a Permanent Restraining Order is issued against you, you will not be allowed to retrieve any firearms you have stored until the order expires. You will also not be permitted to purchase any new firearms for the duration of the Restraining Order. If somebody you know owns a firearm, you may not have their firearms in your possession or have access to them. If you need to carry a firearm for work (law enforcement, military, security, etc.) you may be granted an exception to carry a weapon on duty if eligible.
If you travel internationally, you may be stopped by Customs or Border Control and asked to go through secondary screening due the Restraining Order. You also may be deemed ineligible for Sentri or Global Entry. If you are already a member of Sentri or Global Entry, the Department of Homeland Security may revoke it while there is an active Temporary Restraining Order or Permanent Restraining Order against you.
Can a Minor File a Request for Restraining Orders?
Yes! If you are under the age of 18 and are being harassed and abused, you can a file a Request for Civil Harassment Restraining Orders or a Request for Domestic Violence Restraining Orders. You can even file a Request for a Restraining Order if the person you need restrained is also a minor, which may be necessary if you are being bullied by a classmate or other peer. If you are between the ages of 13 and 17, you do not need a adult to file a Restraining Order for you. You may file a Request for Restraining Order on your own, however, a parent or guardian may still as as “Guardian Ad Litem” on your behalf if you wish. If you are under 13 years old, a parent or guardian must file the Restraining Order for you and act as “Guardian Ad Litem” on your behalf. A Restraining Order filed by, or on behalf of, a minor will be put in the minors name. If you or your parents/guardians do not want your name to be part of the public court record you may apply to make certain aspects of your case confidential, such as your name and address.
What Happens if a Restraining Order is Violated?
The violation of a court order, otherwise known as “contempt of court,” is a crime in California. If you are charged with contempt by a prosecutorial agency and found guilty you may be sentenced to up to six months in jail, and/or a $1,000 fine. A criminal contempt charge may also subject you to up to three years of informal probation. If you are not charged with contempt by a prosecutorial agency the protected party may petition the civil court to find you in contempt. If you are found in contempt by a civil court you may be subject to $1,000 fine and up to five days in jail per count of contempt.
Can I Extend My Restraining Order?
Yes! A court may issue a Restraining Order for a period of time between one and five years. If you are approaching the expiration of your Restraining Order and still feel like you need to be protected you may file a Request to Renew Restraining Order at any point with in three months before the expiration of the order. If the court grants your renewal the judge can decide to renew the Restraining Order for any period of time between one and five years. You may continue to request further renewals of the Restraining Order but the burden of proof becomes much higher after the first renewal is granted.
Do you need protection from someone who is abusing or harassing you? Were you served with a Request for a Restraining Order against you? We can help you find the protection you need or defend against the allegations against you.
