Individuals in California can obtain restraining orders from the court to ensure their safety and peace of mind if they are threatened or abused. If someone is harassing you, abusing you, or being violent, you should first look into these orders to find legal help. Since every situation differs, California has restraining orders to match each and ensure proper protection.

Restraining orders help people maintain safety at home, at work, or in cases involving elder abuse by allowing you to set boundaries and seek justice. Deciding on the proper restraining order is necessary to align with your situation, give you the best protection, and move through the process correctly. Below, we look into California's four main restraining orders and how they can help keep you safe and at peace.

Domestic Violence Restraining Orders (DVROs)

The purpose of a Domestic Violence Restraining Order (DVRO) is to shield someone from abuse when the abuser is someone they are closely linked to. With a restraining order, victims of domestic abuse can find a safe and effective way to protect themselves. Notably, when it comes to DVROs, the special requirement is that a relationship connects the parties.

To secure a DVRO, the victim must have a relationship with the abuser as stated in Family Code 6211. This means current or former spouses, registered domestic partners, current or former cohabitants, people dating or used to date, and individuals with a child together. Family members like parents, children, siblings, grandparents, or grandchildren are also included in the relationships that a DVRO could address.

A DVRO defines abuse covering many acts that can cause distress and fear, not only physical harm. Among the types of abuse are physical abuse, sexual assault, and credible threats of violence. It also deals with incidents like harassment, stalking, and disturbing the peace of the protected person, which may include unwanted communication, threatening behavior, or emotional manipulation. Abuse can also exist when someone destroys their partner’s possessions, as this can be a form of control and intimidation. Because these definitions are so broad, victims are safeguarded from risks threatening their safety and well-being.

A DVRO provides many protections designed to make the victim feel safe. These protections consist of orders that forbid any contact and orders that require the abuser to keep a certain distance from the protected person’s home, workplace, children’s school, or other places that are specified. A DVRO may include temporary orders for child custody and visitation, prioritizing the child’s best interests as per Family Code Section 3020. In some situations, temporary child and spousal support orders are set to ensure both parties have enough money. Moreover, DVROs can take away the restrained person’s access to guns, require them to hand over all their firearms, and include directions for keeping pets safe.

Typically, the first step in securing a DVRO is to petition the court for a Temporary Restraining Order (TRO), usually with the help of forms like DV-100. If granted, the TRO will offer immediate protection that lasts only for a short while, until the next hearing occurs. At the hearing, a judge will look at the evidence and listen to both parties' testimonies to decide if a permanent DVRO should be granted.

A DVRO can last up to five years and be renewed if needed, helping the victim stay protected for a long time.

Civil Harassment Restraining Orders (CHROs)

A Civil Harassment Restraining Order (CHRO) is issued to prevent harassment, stalking, abuse, or serious threats when the people involved are not in a qualified relationship for a:

  • Domestic Violence Restraining Order (DVRO)

  • Elder Abuse Restraining Order (EAARO) or

  • Workplace Violence Restraining Order (WVRO)

A CHRO is important for people who feel threatened by the actions of acquaintances, neighbors, colleagues, or even strangers. It provides a necessary legal defense for circumstances that do not fit into the other types of restraining orders.

Anyone who is harassed and does not qualify for another restraining order could be eligible for a CHRO. If you are experiencing troubling conduct from someone not your spouse, family member, elder caregiver, or employee, and this conduct does not meet the requirements for a specific restraining order, then a CHRO is probably the best option. Examples include:

  • When neighbors keep having disagreements

  • A former acquaintance keeps stalking you, or

  • A stranger regularly contacts you and makes you feel very concerned

Under Code of Civil Procedure 527.6, the conduct included in a CHRO is well defined. You can be charged if you carry out unlawful violence, threaten someone with violence, or keep on annoying, alarming, or harassing someone with no good reason. If a statement or action by someone leads a reasonable person to worry for their safety or that of their immediate family, it then becomes a credible threat of violence.

A course of conduct means a pattern of behaviour that happens regularly over a short period, but still shows a continuity of purpose. Persistent unwanted calls, emails, or text messages, repeatedly following someone, or online harassment that crosses the line into a credible threat. The conduct must be serious enough to make most people emotionally distressed.

The protections granted by a CHRO focus on ending the harassment and ensuring the petitioner's safety. Most often, these orders include:

  • A “no-contact” provision that prevents the restrained person from reaching out to the petitioner

  • A “stay-away” provision that requires them to stay a certain distance away from the petitioner’s home, workplace, vehicle, or other important places

Unlike DVROs, CHROs are not usually made for temporary child custody, visitation, or support issues, since they are not meant for domestic or family matters.

The first step in securing a CHRO is to submit a request for a Temporary Restraining Order (TRO) by using forms like CH-100. If the TRO is granted, it gives the person immediate relief until a full court hearing occurs. The judge will review all evidence and listen to witnesses at the hearing to decide whether a “permanent” CHRO is needed. A CHRO can last up to five years and may be renewed upon its expiration. The court may grant a shorter duration based on circumstances if the harassment still exists. This ensures continued protection from the damaging actions.

Elder and Dependent Adult Abuse Restraining Orders (EAAROs)

An EAARO is a vital type of restraining order made to defend two specific populations:

  • Elders over 65

  • Dependent adults between 18 and 64 who have disabilities that make it hard for them to look after themselves

Victims of elder or dependent adult abuse may be unable to act on their own. That is why the right to file an EAARO is given to a conservator or agent with a valid power of attorney for the victim.

An EAARO covers various forms of abuse, reflecting the many ways elders and dependent adults may be harmed or exploited. The Welfare and Institutions Code mentions that abuse can take the form of physical abuse, neglect, as well as financial abuse, and includes abandonment, isolation, abduction, or any act that results in bodily harm, pain, or mental anguish.

Once granted, an EAARO offers significant protection to the elderly or dependent adult. These types of orders are called “no-contact” and “stay-away” orders, and they require the abuser not to contact the elder and to stay a certain distance from the elder’s home, work, or critical areas. Besides these basic protections, EAAROs can make orders that stop the abuser from further using the victim’s assets. This kind of security is important when the main risk is financial exploitation.

Usually, the process starts by requesting a Temporary Restraining Order (TRO) using forms like EA-100. A TRO offers temporary protection until the court decides the case. During this time, a judge will look at the evidence and listen to witnesses to determine if a permanent EAARO is needed. It is possible to obtain an EAARO for up to five years, and it can be renewed for further protection against abuse.

Workplace Violence Restraining Orders (WVROs)

A Workplace Violence Restraining Order (WVRO) is a crucial legal tool to address workplace safety. This order gives employees significant protection against any kind of violence or the serious threat of violence while they are working. An important difference between a WVRO and other protective orders is that the employer files it to help their workforce. With this approach, the employer is expected to ensure a safe work environment, which makes them responsible for seeking legal help to prevent workplace violence. When employers handle the legal aspects, they contribute to their staff’s mental health and ensure the company retains its operational integrity.

Only the employer can petition for a WVRO. At the same time, a person may be the direct victim, and the employer files for this kind of restraining order. In this situation, the employer officially begins the legal proceeding by presenting their case in court to secure the required order. This difference in process is highly valuable. It speeds up the legal approach to workplace safety issues. Thanks to WVRO, employers can step in and help their employees in danger, rather than letting them handle the legal issues by themselves. This way of thinking makes it easier and faster for companies to act when violence in the workplace is threatened.

All actions that fall under the purview of a WVRO are outlined under Code of Civil Procedure 527.8. The law focuses on actual violence, that is, assault or battery, and also on serious threats. A credible threat of violence is any comment or action that could make someone afraid for their safety or the safety of others. This broad definition could include actions like:

  • Direct threats

  • Overtly aggressive physical acts

This law mainly focuses on actions that put people in the workplace at risk, cause operations to be interrupted, and create a sense of fear.

A WVRO is put in place to guard the safety of workers and the most valuable assets at a workplace. In most cases, these orders stop the restrained person from contacting, harassing, or approaching the employee or employees involved in the threat or violence. Furthermore, the order usually requires the individual to stay away from the workplace. The individual may be kept out of the business premises, forbidden from interacting with specific staff members, or stopped from doing anything to disrupt the smooth and efficient operation of the business. The primary purpose of these broad restrictions is to ensure employees can work without fear or intimidation and feel safe, lowering their stress levels at work.

In most cases, the first step in obtaining a WVRO is the employer filing a Temporary Restraining Order (TRO), usually with the help of the standard WV-100 form. If the court approves the initial request, a TRO gives temporary, short-term protection until the court holds a full hearing. During this subsequent hearing, the judge analyzes all the evidence and testimony from the employer to see if a WVRO is required. If a permanent WVRO is granted, it stays in effect for a significant period, usually up to three years, and is also renewable. If the threats or violence do not stop, this provision allows the court to extend the legal protection for the workplace and its hard-working employees. It is an essential tool for ensuring a safe and effective workplace.

Find a Restraining Order Attorney Near Me

It is very important for anyone wanting to protect themselves or their loved ones to understand the rules for restraining orders. Every legal tool the state provides is carefully created to respond to specific threats and relationships. Whether it is a Domestic Violence Restraining Order for people in families or an order against Civil Harassment for those dealing with neighbors, acquaintances, or strangers, these orders help in a wide range of dangerous situations.

Moreover, California gives extra protection to those who need it by offering Elder and Dependent Adult Abuse Restraining Orders (EAAROs) for vulnerable people and Workplace Violence Restraining Orders (WVROs) for employees. Knowing about these instruments helps people take the right action to keep themselves and their families safe and at ease.

If you are seeking a restraining order or are on the receiving end of one, contact Goldman Flores Restraining Order Law Firm at 213-341-4087 for assistance.