Restraining orders are protective orders ordered by 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.
Kinds of San Diego Restraining Orders
Domestic Violence Restraining Order
This restraining order applies if someone abused you and you have/had a close relationship with him/her as in married, registered domestic partners, divorced, separated, dating or previously dating, have children together, currently or previously lived together other than as roommates, or a close relationship including parent, child, brother, sister, and grandparents. Your relationship to the other party by marriage (in-laws) or adoption also qualifies.
Elder or Dependent Adult Abuse Restraining Order
This restraining order applies if you are 65 years or older (or between 18 and 64 years old and you have certain mental or physical disabilities that keep you from being able to perform normal activities or protect yourself), and you are a victim of physical abuse or financial abuse, neglect or abandonment, treatment that has injured you physically or mentally, or caregiver deprivation of basic items or services that you need or you will suffer physically, mentally or emotionally. Learn more about Elder or Dependent Adult Abuse Restraining Orders
Civil Harassment Restraining Order
This restraining order applies 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. Learn more about Civil Harassment Restraining Orders
Workplace Violence Restraining Order
This restraining order applies if an employer seeks protection for an employee who is suffering serious harassment, stalking, violence or a credible threat of violence at the workplace.
Gun Violence Restraining Orders
A Gun Violence Restraining Order 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).
If you have been harassed or abused, we can help you prepare and file a request for the Restraining Order that fits your needs. Contact the law firm of attorney Timothy Riley and let him help you.
What is a Restraining Order?
The California Code of Civil Procedure and Family Code allow for a person who has suffered harassment, abuse, or threats to request an order prohibiting the person who harassed them from engaging in specific conduct. A Restraining Order prohibits the restrained party (Respondent) from interacting with the protected party (Petitioner) and from coming within a specified distance from Petitioner, their home, their work, or their vehicle. Additionally, a Restraining Order may give the Petitioner sole care, possession, and control of a pet, if necessary. Domestic Violence Restraining Orders and Elder/Dependent Adult Abuse Restraining Orders may also have the restrained party removed from their home if they share a residence with the protected party.
Four Types of Restraining Orders
Temporary Restraining Orders
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
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
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 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
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.
What are the Effects of a Restraining Order against You?
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 induvial, 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 and ammunition. When served with a Temporary Restraining Order you will need to store or sell your firearms and ammunition with a law enforcement agency or an authorized firearms dealer. If a Permanent Restraining Order is issued against you, you will not 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, you may have it revoked.
Can I File a Request for a Restraining Order as a Minor?
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 is the person you need restrained is also a minor, which may be necessary if you are being bullied by a classmate or other peer.
Have you been served with a Request for a Restraining Order against you? If ordered, the effects of a Restraining Order can be serious. We can help you respond to the request and defend against the allegations in court. Contact the law firm of attorney Timothy Riley and let us help you.
