There are various restraining orders, each designed for specific situations in California. You can request a restraining or protective order if you have experienced harassment or threats from strangers or from someone you have a close or family relationship with.
A civil harassment order is meant to safeguard individuals from stalking, sexual misconduct, or serious harassment, including criminal threats. Domestic violence orders are specifically for the protection of those who have experienced domestic violence. You should understand the distinctions between these two restraining orders to determine which suits your situation. For assistance with filing restraining orders in California, you should seek legal advice from your attorney.
Here are some key differences between civil harassment and domestic violence restraining orders:
Reasons for Obtaining Civil Harassment or Domestic Violence Restraining Orders
In California, you can apply for a civil harassment restraining order to stop someone you are not closely related to from:
- Abusing
- Harassing
- Threatening or
- Stalking you
According to California Civil Code 527.6(b), harassment includes credible threats of violence. If someone behaves in a way that makes you feel unsafe or annoys you, you can request a CHRO against them. Before granting the order, the court must determine that the behavior could cause you emotional distress.
A domestic violence restraining order is a legal order in cases of domestic violence that requires the accused to avoid:
- Harassing
- Harming or
- Threatening the victim.
Because of the close relationship with the alleged abuser, the abuse may be physical or emotional. To help reduce domestic violence cases in the state, courts can provide an emergency protective order as you collect evidence and seek a domestic violence restraining order.
Offenses That Could Lead to Civil Harassment or Domestic Violence Restraining Orders
You can often seek protection through restraining orders if you are experiencing harassment, threats, or specific crimes. If you are a victim of certain domestic violence offenses or face a serious threat from your domestic partner, you might qualify for a Domestic Violence Restraining Order (DVRO).
Domestic Battery
Domestic battery or spousal battery involves unwanted physical contact by an intimate partner. If you can show that your spouse, cohabitant, or domestic partner touched you inappropriately, you can apply for a domestic violence restraining order. In this situation, you do not need to provide proof of physical injury.
Injury to a Spouse
According to California law, anyone who causes a physical injury that leads to a traumatic condition in another person may face charges for a felony, along with fines and possible imprisonment. This rule applies if the victim is the offender’s spouse, ex-spouse, cohabitant, fiancé, or the parent of the offender’s child.
Child Abuse
Domestic violence laws not only safeguard adults who face threats or harm from their partners but also aim to protect children in abusive environments. Child abuse occurs when someone causes harm or inflicts physical injuries on a child.
California has strict laws to protect minors, recognizing their vulnerability. If your child has experienced abuse from their other parent or your domestic partner, you can request a protective order for their safety.
Posting Harmful Content or Material Online
Under California PC 653.2, sharing harmful information about someone else online is illegal. This act is considered a form of cyber harassment and falls under domestic violence. If your spouse, cohabitant, or domestic partner engages in this behavior against you, you may qualify for a domestic violence restraining order.
Revenge Porn
This crime refers to sharing sexual videos or images of a partner without their consent, as defined by California PC 647(j)(4). While this act does not inflict physical harm, it can lead to significant emotional and psychological suffering for the victim. Victims of revenge porn may seek restraining orders in addition to pursuing criminal or civil legal action.
Additionally, civil harassment restraining orders can be granted to victims of these types of crimes:
Sexual Assault
Sexual assault occurs when someone touches another person’s private areas without their permission.
Criminal Threats
In California, a criminal threat is when someone makes comments that cause you to feel unsafe for yourself or your family. You can be considered a victim of criminal threats under PC 422 even if you have not been physically harmed. In such cases, the court can issue a Civil Harassment Restraining Order (CHRO) to keep the person who made the threats away from you.
Stalking
Stalking occurs when someone follows or harasses you to the extent that you feel unsafe. If there is proof of stalking, the court can provide a civil harassment restraining order to protect you.
Difference Between Individuals Targeted by a DVRO or a CHRO
The key difference between a CHRO and a DVRO is the relationship between the protected person and the individual named in the order. A CHRO is issued when you need protection from people such as:
- Neighbors
- Acquaintances
- Coworkers
- Distant relatives like uncles, aunts, and cousins
A civil harassment restraining order restricts the restrained person from:
- Coming to your workplace
- Contacting you or your family
- Owning or carrying a firearm
- Approaching your children or anyone living in your home
In contrast, a DVRO is issued against those who threaten the safety of their domestic partners or spouses. Since domestic violence involves harm from someone close, the following individuals may receive restraining orders for being a threat to you:
- Spouse
- Domestic partner
- Someone you are dating
- Someone with whom you share a child
- A close family member, including in-laws
- A person you live with
The person under restraint must follow these rules after receiving the domestic violence restraining order:
- Do not cause physical harm.
- Refrain from making any contact, whether in person or through electronic means.
- Avoid reaching out to your family members.
- Maintain a specified distance from you.
Domestic Violence Restraining Orders Last Longer Than Civil Harassment Orders
Most cases of domestic violence require an urgent response to ensure the victim’s safety. If you are in immediate danger from a partner or spouse, you can request an emergency protective order, which can keep the abuser away for several days. After that, you can secure a temporary restraining order once your hearing is set.
At the hearing, you should prove that you are in danger. If the judge deems it necessary, they can issue a permanent restraining order against the abuser. Given the severity of domestic violence and the existing relationship between the victim and the abuser, the domestic violence restraining order (DVRO) can be renewed for up to five years for further protection.
You can ask the court to extend the restraining order up to three months before it expires. It can be done by filing Form DV-700 online or delivering it to the court. To renew the DVRO, you must demonstrate that threats to your safety still exist or that there is a risk of ongoing abuse once the order ends.
A civil harassment restraining order (CHRO) has a shorter duration than a DVRO. A judge can issue an emergency protective order while you pursue a permanent restraining order, but you must provide clear evidence of potential harm or harassment.
A CHRO lasts a shorter duration than a DVRO since the court issues it against individuals not closely related to the protected person.
Violating a CHRO and a DVRO
Breaking a court-issued restraining order can lead to arrest and criminal charges in California. Different types of orders have various consequences. If you violate a Civil Harassment Restraining Order (CHRO), you may be charged with a misdemeanor, which could lead to up to one year in jail.
On the other hand, violating a Domestic Violence Restraining Order (DVRO) is considered a wobbler, meaning it can be charged as either a felony or a misdemeanor based on the situation's specifics.
Additional Provisions in DVROs That Do Not Relate to CHROs
The provisions for a CHRO focus on keeping the civil harassment victim away from the restrained person. In contrast, a domestic violence restraining order includes extra rules that the restrained individual must follow to avoid arrest for breaching the protective order.
Some common rules that come with a domestic violence restraining order are:
Child Support Payments
California law prioritizes the safety of minors. As a result, someone who has committed domestic violence may be considered unfit to care for children. If you secure a DVRO against your spouse, they should pay child support for the duration of the order.
Surrendering Firearms
In California, individuals over eighteen without a felony record can buy and own guns. If a DVRO is issued against you, you must hand over all firearms to the police until the order is no longer in effect.
Alimony Payments
Alimony, or spousal support, is given to one spouse after a divorce to help them maintain a lifestyle similar to what they had during the marriage. Divorce can lead to heightened tensions, often resulting in domestic violence cases. A restrained person may still be required to pay alimony even if they cannot have contact with the protected individual.
Do Not Alter Your Insurance Policies
Domestic Violence Restraining Orders (DVROs) are granted to protect individuals from those who harass, threaten, or abuse their partners. Typically, these individuals share joint accounts and insurance policies. If the protected person is named a beneficiary on your insurance policy, you cannot change that policy after receiving the protective order.
Completing the Batterers Program
A judge will issue a domestic violence restraining order when there is enough evidence to show that someone has committed domestic violence against their partner, spouse, or cohabitant. One requirement of the DVRO is that the person restrained must participate in a batterers program, which can last up to 52 weeks.
Choosing the Appropriate Restraining Order for Your Case
Here are some factors to keep in mind when choosing the right restraining order:
Evaluate the Relationship
Consider these questions:
- Do I have a close or family relationship with the person who is harassing or abusing me?
- Is this abuse happening in a domestic setting (like living together, shared finances, children, etc.)?
- If you answer “yes,” a Domestic Violence Restraining Order (DVRO) is likely the better choice. If “no,” a Civil Harassment Restraining Order (CHRO) might be more suitable.
Assess the Nature of the Abuse
If you are facing physical harm or controlling behavior, this indicates a pattern of domestic abuse that a DVRO can help with. On the other hand, if the situation involves ongoing harassment (such as threatening calls, stalking, or unwanted messages) but does not include physical violence or strong domestic connections, then a CHRO may be the right solution.
Seek the Advice of an Attorney
Numerous courts provide self-help centers or online resources to assist you in determining the appropriate type of restraining order for your needs. For example, the Superior Court of California offers clear guidelines on applying for civil harassment orders compared to domestic violence orders.
When your safety is in jeopardy, obtaining legal advice is essential. A knowledgeable attorney can aid you in gathering evidence, completing required paperwork, and effectively presenting your case in court.
Collect Evidence
The type of evidence needed varies:
For CHROs:
- You should gather records of repeated communications, such as emails, texts, and voicemails, along with any witness statements that demonstrate the effects of the harassment.
For DVROs:
- Collect medical records, photos of injuries, police reports, and any other documents that show a pattern of domestic abuse. Testimonies from friends or family who have seen the abusive behavior can be compelling.
Do These Differences Between a CHRO and a DVRO Matter?
For victims seeking protection, knowing the difference between a CHRO and a DVRO can help you to:
Select the Right Order
If you are facing abuse, you should identify which order fits your situation. Filing under the wrong type could leave you unprotected. For instance, if the abuser is someone you have an intimate relationship with, a DVRO can include terms like custody arrangements or exclusive access to the family home, which a CHRO does not cover.
Know the Right Evidence to Gather For Your Case
The type of evidence you need will depend on the order you are pursuing. Victims of domestic violence should document instances of physical or emotional abuse, while those seeking a CHRO should focus on evidence of ongoing harassment or stalking.
Seek Help From the Right Attorney
Due to the specific differences between these orders, you should consult with a lawyer. An attorney specializing in family or civil law can guide you through the process, help you file correctly, and ensure you receive the best protection under the law.
For individuals served with restraining orders, these differences can help you:
Understand the Consequences of the RO
DVROs often come with more rules and harsher enforcement procedures, which can lead to more serious consequences—impacting your housing situation, custody arrangements, and even your right to own firearms. Awareness of these differences can help you grasp the full extent of your legal challenges.
Defending Yourself
If you are responding to a case, you should know whether the order is a CHRO or a DVRO, as this can shape your legal defense. For example, if you are up against a DVRO and believe the evidence does not support claims of domestic abuse, you can contest the validity of the order.
On the other hand, if the claims stem from isolated harassment incidents with someone you do not have a domestic relationship with, you might argue that a CHRO is more suitable as part of your defense.
What To Expect If the Underlying Charges Are Withdrawn in a DVRO?
Restraining orders are commonly issued when someone faces charges for specific domestic violence offenses, such as:
- Domestic battery under Penal Code 243e1
- Causing bodily harm to a partner under Penal Code 273.5
A restraining order is sometimes granted even if the related criminal charges are later dropped. In these cases, the order might still stay in place or be canceled, depending on the type of order issued.
Generally, a person can request to end a restraining order by proving that:
- A significant change in the circumstances led to the order.
- The law related to the order has changed.
- Ending the order would serve justice.
Whether the order is dismissed also depends on its specific wording. If dismissal is not automatic, the individual must submit a written request to the presiding judge. The court may then schedule a hearing.
Contact a Competent Restraining Order Law Firm Near Me
In California, the primary types of restraining orders are for domestic violence and civil harassment. These legal orders can be obtained by those who can show they have experienced threats, stalking, harassment, or domestic abuse. Abuse can take many forms, and your relationship with the accused plays a key role in determining the appropriate type of order. Domestic violence and civil harassment restraining orders vary in several ways, including the reasons for requesting them, the individuals they are aimed at, and the procedures for obtaining them.
If you require the protection that restraining orders provide, you should hire an experienced attorney to assist you in obtaining either a civil harassment or domestic violence restraining order. A knowledgeable lawyer will guide you through the necessary steps and help you present adequate evidence to the judge to support your request for a restraining order. We at Goldman Flores Restraining Order Law Firm offer expert legal advice for clients seeking restraining orders in California. Call us today at 2213-341-4087 to schedule your consultation with us.
