FAQ

In California, several types of restraining orders can be issued to protect individuals from potential harm, harassment, or abuse. The main types of restraining orders recognized in the state are as follows:

• Domestic Violence Restraining Order (DVRO) — This type of restraining order is intended to protect victims of domestic violence, which includes abuse or threats of abuse by a current or former spouse, cohabitant, a person with whom the victim has had a dating relationship, or the other parent of the victim's child. A DVRO can encompass various protective provisions, such as ordering the restrained person to stay away from the victim's home, workplace, or school, and may also include child custody and visitation orders.
• Civil Harassment Restraining Order — This type of restraining order is designed to protect individuals who are not in a domestic relationship but have experienced harassment, stalking, threats, or violence from someone else. It can be sought against neighbors, acquaintances, or strangers who pose a credible threat to the petitioner's safety.
• Elder or Dependent Adult Abuse Restraining Order — This type of restraining order specifically protects elderly individuals (65 years and older) or dependent adults (18 to 64 years with certain disabilities) who have been subjected to abuse, neglect, or financial exploitation.
• Workplace Violence Restraining Order — This type of restraining order applies when an employee has been a victim of violence, threats of violence, or harassment in the workplace. It seeks to protect the employee from further harm while they are at work.
• Gun Violence Restraining Order (GVRO) — This type of restraining order allows concerned family members, law enforcement officers, or employers to seek the temporary removal of firearms and ammunition from individuals who pose a significant risk of harm to themselves or others. It aims to prevent gun-related violence and suicides.

Each type of restraining order serves a specific purpose and offers different levels of protection, depending on the nature of the threat or danger faced by the petitioner. Additionally, keep in mind that violating a restraining order can lead to serious legal consequences for the restrained person.

The common targets of restraining orders are individuals perceived to pose a threat or potential harm to others. The purpose of a restraining order is to protect victims from harassment, abuse, stalking, or violence.

Therefore, the most frequent targets of restraining orders include the following:

• Domestic abusers — Spouses, former spouses, cohabiting partners, or individuals with whom the victim has had a dating relationship can be targeted with restraining orders if they have committed acts of domestic violence or pose a threat to the victim's safety.
• Stalkers — Individuals who engage in persistent and unwanted behavior, such as following, monitoring, or harassing someone, may be subject to restraining orders.
• Harassers — People who engage in a pattern of harassment, making repeated unwanted communication or threats, may become the target of a restraining order.
• Workplace aggressors — Co-workers or others in the workplace who have shown violent or threatening behavior toward an employee can be targeted with workplace violence restraining orders.
• Sexual offenders — Individuals who have committed sexual assault or abuse may be subject to restraining orders to prevent contact with the victims.
• Elderly or dependent adult abusers — Those who have abused or neglected elderly individuals (65 years and older) or dependent adults (18 to 64 years with certain disabilities) may face restraining orders.

It is essential to understand that a restraining order is not a criminal charge or conviction. Instead, it is a civil court order designed to protect potential victims and prevent harmful behavior. The target of a restraining order has the right to defend themselves during the court proceedings and challenge the allegations brought against them.

If you are facing a restraining order or believe you have been wrongfully accused, it is crucial to seek legal counsel immediately. An experienced attorney can help you understand your rights, prepare a strong defense, and ensure your side of the story is heard in court.

In California, individuals who believe they are at risk of harm or harassment from another person can apply for a restraining order. The law recognizes that certain situations require legal protection to ensure the safety and well-being of potential victims.

Therefore, the following individuals may apply for a restraining order:

• Domestic violence victims — People who have experienced abuse or harassment from a spouse, former spouse, current or former cohabitant, someone they have dated, or their child's other parent can seek a restraining order for protection.
• Harassment victims — Those who have been subjected to stalking, threats, or other forms of harassment by someone not listed in the domestic violence category can also apply for a restraining order.
• Elderly or dependent adults — Elderly individuals (65 years and older) or dependent adults (18 to 64 years with certain disabilities) who have suffered abuse or neglect can seek a restraining order for their protection.
• Workplace violence victims — Employees who have been threatened, harassed, or suffered violence in the workplace can apply for a workplace violence restraining order against the individual responsible.
• Sexual assault victims — People who have experienced sexual assault or abuse may also be eligible for a restraining order to prevent further contact with the perpetrator.

Restraining orders are meant to provide protection to potential victims and prevent further harm. When applying for a restraining order, the applicant must provide sufficient evidence and details of the incidents or threats that justify the need for legal protection.

The duration of a restraining order in California can vary depending on the type of the order and the specific circumstances of the case. Generally, there are two main types of restraining orders in terms of their duration:

• Temporary Restraining Order (TRO) — When a petitioner files for a restraining order, the court may issue a temporary restraining order (TRO) if it believes the petitioner is in immediate danger or needs immediate protection. A TRO is typically granted without a full hearing and provides immediate, short-term protection until a formal hearing can be scheduled. In most cases, a TRO lasts about 15 days from the date it is issued or until the date of the scheduled hearing.
• Permanent Restraining Order — After the TRO is issued, a formal hearing will be scheduled to determine whether a permanent restraining order should be granted. At the hearing, both the petitioner and the respondent have the opportunity to present their evidence and arguments. If the court finds sufficient evidence to support the need for ongoing protection, it may issue a permanent restraining order, also known as a "permanent injunction" or "final order." However, it is important to note that the term "permanent" does not necessarily mean the order lasts forever. In California, a permanent restraining order can be issued for a fixed duration, typically lasting one to five years. The exact length of the order will depend on the circumstances of the case and the judge's decision.

The petitioner and the respondent must comply with the terms of the restraining order, regardless of its duration. Violating a restraining order can lead to serious legal consequences for the restrained person, including possible arrest and criminal charges.

If a petitioner wishes to extend the restraining order beyond its initial duration, they may apply for a renewal or extension before the order expires. Renewals are typically granted if the court determines that protection is still needed.

An Emergency Protective Order (EPO) is a type of restraining order issued by law enforcement officers in situations of immediate danger or potential harm. It is designed to provide immediate protection to victims of domestic violence, abuse, or harassment when the courts are closed or not easily accessible.

Here are the key features of an Emergency Protective Order (EPO):

• Issuance by law enforcement — Unlike other types of restraining orders issued by the court, an EPO is typically requested and issued by law enforcement officers at the scene of an incident involving domestic violence or a credible threat of harm.
• Immediate protection — The primary purpose of an EPO is to offer immediate and temporary protection to the victim. It allows law enforcement to take quick action to separate the parties involved and provide a safe environment for the victim.
• Short duration — An EPO usually lasts for a short period, often around 5 to 7 days or until the next court day when the court reopens. It provides a window of protection until the victim can seek a more extended restraining order through the court system.
• Prohibition of contact — Similar to other restraining orders, an EPO typically orders the restrained person to have no contact with the protected person, directly or indirectly, and to stay away from their home, workplace, and other specified locations.
• Notice of court hearing — After issuing the EPO, law enforcement officers are required to notify the protected person about the court hearing date where they can seek a more long-term restraining order, such as a Domestic Violence Restraining Order (DVRO).

An EPO is not a permanent solution, and the protected person should take further legal action to obtain ongoing protection if necessary. This may involve seeking a longer-term restraining order through the court, where both parties will have the opportunity to present evidence and arguments during a formal hearing.

The process of obtaining a restraining order in Los Angeles typically involves the following steps:

• Filing the petition — The process begins by filing a petition for a restraining order at the appropriate courthouse. The petitioner (the person seeking protection) will need to fill out the necessary forms, providing detailed information about the incidents of harassment, abuse, or violence and explaining why they need the restraining order.
• Reviewing the petition — After the petition is filed, a judge will review it to determine if sufficient evidence exists to issue a temporary restraining order (TRO). If the court finds that the petitioner is in immediate danger, a TRO may be issued without a full hearing.
• Serving the respondent — If the court grants a TRO, the restrained person (the respondent) must be served with a copy of the TRO, along with a notice of the date and time of the formal hearing for a permanent restraining order. Proper service is crucial to ensure that the respondent is aware of the order and the upcoming hearing.
• Formal hearing — A formal hearing will be scheduled, typically within a few weeks of issuing the TRO. Both the petitioner and the respondent are required to attend the hearing. At the hearing, the judge will consider the evidence and testimony presented by both parties and determine whether a permanent restraining order should be issued.
• Issuance of a permanent restraining order — If the judge finds sufficient evidence to support the need for ongoing protection, a permanent restraining order will be issued. The order will specify the duration of the restraining order, the specific terms of protection, and any other relevant provisions, such as child custody or visitation arrangements, if applicable.
• Enforcement of the restraining order — Once the permanent restraining order is issued, it becomes legally enforceable. Both the petitioner and the respondent must comply with the terms of the order. Violating a restraining order can lead to severe consequences, including potential arrest and criminal charges.

Violating a restraining order in California can lead to serious legal consequences for the person who has been restrained (the respondent). The penalties for violating a restraining order are aimed at deterring further harassment, abuse, or violence and ensuring the safety of the protected person (the petitioner).

The consequences of violating a restraining order may include the following:

• Arrest — Law enforcement officers can arrest the respondent without a warrant if they have reasonable cause to believe that the restraining order has been violated. This means that the respondent can be arrested on the spot if there is evidence of a violation.
• Criminal charges — Violating a restraining order is considered a criminal offense in California. The respondent may be charged with a misdemeanor for the first violation, which can result in fines and potential jail time.
• Enhanced penalties — The penalties can be more severe for subsequent violations or if certain aggravating factors are present. Repeat violations may result in increased fines and longer jail sentences.
• Protective custody — If the respondent is arrested for violating the restraining order, they may be held in protective custody to ensure the protected person's safety and prevent further incidents.
• Probation — The court may impose probation as part of the sentencing for violating the restraining order. Probation conditions may include mandatory counseling, anger management programs, or stay-away orders from specific locations.
• Criminal record — A conviction for violating a restraining order will result in a criminal record, which can have long-term consequences for the respondent's employment, housing, and other areas of life.
• Restraining order modification — The court may modify the existing restraining order, making it more restrictive if the respondent continues violating it.

Both the petitioner and the respondent must take restraining orders seriously and abide by their terms. If the protected person believes the restraining order is no longer necessary, they can seek to modify or terminate it through the court. However, until the court officially modifies or lifts the restraining order, both parties must comply with its terms.

If you find yourself subject to a restraining order that you believe to be unjust or unnecessary, you have the right to contest it in court. To begin, it is crucial to secure a copy of the petitioner’s application and thoroughly review it.

Seeking guidance from an experienced attorney is essential during this time. A skilled legal professional can assess the specifics of your situation, advise you on the best course of action, and support you throughout the legal process.

As part of your case preparation, gather relevant evidence that can refute the petitioner's claims or demonstrate the order's unwarranted nature. This evidence could include text messages, emails, photographs, witness statements, or other compelling documentation.

The next step involves requesting a hearing to challenge the restraining order. During this hearing, you will have the opportunity to present your evidence and arguments before a judge. Before the hearing, you may be required to file a written response outlining your objections to the order and stating the reasons why you believe it should be modified or revoked.

At the hearing, remain respectful and composed while presenting your side of the story. Address any inaccuracies or misleading information that may influence the order's issuance. Additionally, you have the right to cross-examine any witnesses presented by the petitioner, allowing you to challenge their credibility or dispute their statements.

Adhering to court procedures and deadlines is crucial throughout the process. Failure to comply with these requirements can weaken your case or result in unfavorable outcomes.

Always maintain a respectful demeanor and avoid any behavior that could be interpreted as a violation of the existing temporary restraining order. If the judge upholds the restraining order, you can consider appealing their decision.

When a protected person believes that the circumstances that led to the issuance of the restraining order have changed, they may seek to terminate the order. To navigate this process effectively, consulting with an experienced attorney is crucial, as they can guide the petitioner through the legal steps involved.

The first step is for the protected person to assess whether termination is appropriate. They should evaluate if the threats or harassment that prompted the restraining order have ceased and if they feel safe enough to have it lifted.

After consulting with an attorney, the petitioner must file a formal request with the court to modify or terminate the existing restraining order. This request is typically submitted at the courthouse, where the original restraining order was issued.

In the request, the protected person should clearly explain the reasons for seeking termination. Providing a detailed account of the changed circumstances and improved relationship, if any, with the restrained person (the respondent) is essential.

Supporting evidence, such as communication records with the respondent or statements from witnesses, can reinforce the petitioner's claim that the restraining order is no longer necessary. Depending on the court's procedures, a hearing may be scheduled to review the request for termination. During the hearing, the petitioner has the opportunity to present their arguments and evidence supporting the need for lifting the restraining order.

Alternatively, the court may offer mediation as an alternative to a formal hearing. Mediation allows both parties to discuss their concerns and attempt to reach a mutual resolution.

Ultimately, the judge will make the final decision based on the best interests of the petitioner's safety. If the judge determines that the request for termination is justified, they may modify or lift the restraining order. However, if the judge believes the order is still necessary to protect the petitioner, it will remain in effect until its specified duration or until further legal action is taken.

Terminating a restraining order is a legal process and may not always be granted. The court's primary concern is the safety and well-being of the petitioner, and they will carefully evaluate the situation before making a decision. Seeking the guidance of an attorney can help ensure that all necessary steps are followed and the petitioner's interests are effectively represented during this process.