A restraining order is a court order that prevents one person from harassing another. It may specify that the person against whom it has been issued may not communicate with or come near the person it is intended to protect. In some instances, it may prevent the person against whom it has been issued from owning a firearm or require them to move out of a shared home.
In California, a person who has grounds to request a restraining order must do so at their county’s superior court. If you are in danger, the police can help you get an emergency restraining order. This gives you time to go through the court process and get a court-issued restraining order. You may need to request an ex parte restraining order to cover the time before your court date.
Grounds For Requesting a Restraining Order In California
You can get a restraining order against a person who assaults you, stalks you, threatens you, verbally abuses you, damages your property, financially abuses you, or coerces you. If they pose a threat to your children or even your pets, you can apply for a restraining order.
Anyone who is physically or psychologically endangered can ask for a restraining order against their harasser. This includes spouses, unmarried partners, elders, colleagues, and neighbors.
Specific types of restraining orders may apply depending on the circumstances. For example, there are domestic violence restraining orders, workplace violence restraining orders, elder or dependent abuse restraining orders, and civil harassment restraining orders.
How a Restraining Order Protects You
A restraining order is a court order that prohibits certain behaviors or actions. If a person violates the order, it is a serious criminal offense. Its provisions will depend on the dangers it is meant to protect you from and what is reasonably needed for your well-being.
For example, domestic violence restraining orders may require an abusive partner to:
- Stop harassing or contacting you, your children, and even your family pets.
- Maintain a specified physical distance.
- Relinquish custody of the children to you.
- Give you sole care of household pets.
- Give up any firearms and ammunition.
- Make child and spousal support payments.
- Pay certain expenses incurred because of their previous behavior.
- Temporarily relinquish ownership of certain shared assets.
- Meet certain financial obligations, for example, mortgage repayments.
- Attend counseling.
When there is no family or care-related relationship, restraining orders may be much simpler. For example, they may simply require a harasser to stay away from a person and not attempt any form of contact.
How Long Does a Restraining Order Last in California?
An emergency restraining order only lasts for five working days or seven calendar days if a weekend intervenes. A temporary restraining order lasts until your court date or up to 21 days.
Court-issued restraining orders last for a time determined by a judge and can be in force for as long as five years. If you still think you are in danger, you must apply for a renewal before the restraining order expires.
What Happens if Someone Violates a Restraining Order?
Violation of restraining orders is addressed under Penal Code § [Section] 273.6(a). If the person knew about the restraining order and chose to violate it, they will be convicted. They can face a year in jail and a substantial fine even if they did not injure anyone or cause any damage. If they do cause harm, they may face 3 years in jail and up to 25 years for repeated violations. Fines can amount to as much as $10,000.
Should You Get Representation When Seeking a Restraining Order in California?
A restraining order may affect your personal safety or, if you are the respondent, your ability to do a variety of things. Either party may have an attorney to represent them. If you are the petitioner and have very strong evidence in your favor, you may be able to get a restraining order without a lawyer.
However, the evidence is not always indisputable, especially when abuse occurred in private. It may be wise to hire a domestic violence attorney to protect your rights when applying for a restraining order.