Articles
Restraining Orders in California
By: Owen Chen
Updated: April 10, 2022
Disclaimer:
I am not a lawyer. This article is general information and not legal advice. Consult a qualified legal professional for your specific situation. No liability is assumed for any consequences resulting from using this information.
What Is A Restraining Order?
Restraining orders can protect a person from stalking, harassment, or abuse by another person. The person getting the restraining order is called the “protected person,” and person the restraining order is against is the “restrained person.” The restrained person may be prohibited from contacting or coming within a certain distance of the protected person, owning firearms, and may be required attend counseling or even move out if they share a home with the protected person.
The Four Types of Restraining Orders:
Domestic Violence
Civil Harassment
Elder or Dependent Adult Abuse
Workplace Violence
Domestic Violence vs Civil Harassment:
Domestic violence restraining orders applies when the two parties have, or previously had, an intimate relationship (significant others, spouses, ex-spouses, etc). Civil harassment restraining orders generally apply in cases that are not domestic violence, elder or dependent adult abuse, or workplace violent.
The Three Levels of Protection:
Emergency Protective Order (EPO): EPOs can only be requested by law enforcement offices, usually when a police officer has reason to believe a person is in need of protection from an immediate danger. They are effective for a week (7 days) immediately after being issued by a judge or commissioner.
Temporary Restraining Orders (TRO): TROs are issued by a judge in situations of immediate danger, and last between 20 to 25 days. A hearing will be held at the end of the restraining order so the judge can determine whether a permanent restraining order is needed.
Permanent Restraining Orders (PRO): PROs are issued after at the hearing that occurs after the end of a TRO upon approval from a judge. The duration of the restraining order depends on the situation, with generally 5 years for domestic violence and 3 years for civil harassment.
Restraining Order Violations:
Violating a restraining order can lead to severe consequences for the restrained person, even if the protected person consents to actions taken by the restrained person. Consequences include but are not limited to criminal charges leading to probation or jail time, citations for contempt of court, loss of child visitation rights, and fines.
Dismissing Restraining Orders:
Dismissing a restraining order requires the decision of a judge in a court hearing. Both parties will have the opportunity to present evidence pertaining to the case, and the protected person must give uncoerced agreement for the restraining order to be lifted. Although restraining orders can be dismissed, misusing restraining orders is not recommended because it can lead to severe criminal charges for the accused, especially in the case of falsely reporting domestic violence.
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