A restraining order, also known as a protective order, protects a specified person, known as the protected person, from abuse or harassment by another person. A restraining order can have several components, including a stay-away or move-out order. If a restraining order is issued, it is unlawful for the restrained person to violate it, and a violation can lead to an arrest and criminal charges.

The Basics Of Restraining Orders In California

Restraining orders are designed to protect victims from harassment, threats, or abuse. A restraining order prohibits the restrained person from accessing the victim, their home, workplace, and even their children's school. Some of the common types of restraining orders include:

  • Elder or dependent adult abuse restraining orders are filed by seniors or dependent adults who have experienced financial exploitation, neglect, or physical abuse. A caregiver or a relative can also file an elder abuse restraining order on behalf of a senior.
  • Employers file workplace violence restraining orders to protect their workers from violence or threats at work.
  • Civil harassment restraining orders are filed by a victim who is not related to the abuser, like a coworker, roommate, or neighbour.
  • Domestic violence restraining orders (DVROs) are filed by a victim who is in a close relationship with the abuser, like a partner, spouse, relative, or ex-spouse.

Each restraining order serves a specific purpose and requires different forms of evidence. A victim can request a restraining order against the defendant through the following procedure:

Determining Eligibility For A Restraining Order

The victim must determine if he/she meets the restraining order requirements before filing. An applicant can only qualify if:

  • The accused person harassed, stalked, threatened, or physically abused the victim
  • The defendant is in a close relationship with the victim
  • The victim provides evidence like witness statements, emails, text messages, or police reports
  • The victim fears for his/her safety or the safety of his/her children, pets, or property

Completing Essential Forms

The applicant must fill out the required court forms if he/she qualifies for the restraining order. The forms are easily accessible online through the courts’ websites or local courthouses. The following are crucial forms that must be filled out:

  • Temporary restraining order (TRO) (DV-110) — The victim can fill this form to request a temporary order against the abuser if he/she requires immediate protection.
  • Notice of court hearing (DV-109) — An attorney can fill this form to let the victim know of the court date
  • Confidential CLETS information (CLETS-001) — The police will use this form to enter the restraining order imposed into their system.
  • Request for domestic violence restraining order (DV-100) —This is a form often used by victims to file a domestic violence restraining order

The above forms require detailed information, including cases of harassment, threats, and abuse.

Filing The Forms With The Court

The victim is required to present the forms after filling them out. The forms must be filed in the courthouse closest to where the abuse occurred or the county where the victim lives. The victim must produce at least three copies of each form and forward them to the court clerk, who will stamp and return them.

Securing A Court Date And Temporary Restraining Order

The judge will set a hearing date once the forms have been filed. The judge can issue a temporary order against the defendant, effective 21 days, usually until the hearing. The victim should do the following:

  • Keep a copy of the temporary restraining order
  • Inform the police

Serve The Restrained Person With The Order

The victim serves the restrained person with a copy of the order before the hearing. This order can be served through someone over 18 years, a private process server, or the sheriff’s office.

Attending The Hearing

A restraining order can only take effect if the victim provides sufficient evidence to support the allegations during the hearing. If the defendant receives the restraining order notice but fails to attend the hearing, the judge can rule even in the defendant’s absence.

Understanding Domestic Violence - Family Code 6320

It can be challenging and overwhelming to understand and navigate domestic violence laws in California, particularly if children are involved in a case. Ideally, you understand the procedures and definitions related to Family Code 6320, whether you are the perpetrator or the victim of domestic violence. This can help you develop and implement the best legal strategy to protect your children and family, whether you are the victim or the restrained person.

Ex Parte Orders In California Domestic Violence Lawsuits

The court can impose an ex parte order on the defendant in response to the victim’s request without the defendant’s presence or without serving the defendant with a notice. Typically, an ex parte order offers immediate protection to the person experiencing threats of violence in a domestic setting. These orders can be temporary requirements or restrictions against the defendant.

The judge can order an ex parte order under Family Code 6320 to prevent the restrained person from doing the following against the victim:

  • Harassing the victim, like calling him/her repeatedly
  • Destroying the victim’s property
  • Sexually assaulting, battering, molesting, threatening, attacking, stalking, or striking the victim
  • Staying within a certain distance of the victim
  • Reaching out to the victim directly or indirectly through any means

In situations involving other family members facing threats of actions outlined in Family Code 6320, the judge can extend the order to include the protection of these households. Notably, the animals can also be protected by this order. You should seek the services of an experienced family attorney to learn more about ex parte orders. An attorney can help you understand and navigate the complex legal landscape related to these orders.

Disturbing The Peace

The judge can also impose an ex parte order to prevent the restrained person from disturbing another person's peace. However, it can be hard to determine and define disturbing the peace in some cases. Under Family Code 6320, disturbing the peace is any act that affects someone else's emotional and mental calm and is based on the general circumstances involved.

Disturbing the peace can include direct or indirect actions, including behavior that uses means like:

  • Interaction through social media
  • Phone calls
  • Text messages, and
  • Online communication

Additionally, a third party can be accused of disturbing someone else's peace.

Coercive control is also deemed a conduct that involves disturbing someone else's peace. Examples of coercive control include:

  • Coercing a victim through intimidation, threat, or force
  • Isolating another person from social support networks and groups
  • Keeping another person from basic requirements and necessities

Family Code 6320 also covers threats associated with the victim’s immigration status.

Coercive control can also involve controlling and monitoring the victim’s:

  • Economic resources
  • Daily conduct
  • Communications, and
  • Access to services

Certain behaviors involving reproductive coercion are also considered coercive control, including:

  • Pressuring the victim to get pregnant
  • Forcing certain pregnancy outcomes
  • Interfering with or tampering with the victim’s contraception

Disturbing the peace constitutes the comprehensive and multidimensional nature of domestic violence. It not only affects the mental health of the victim, but it can also have a negative impact on the physical outcomes and general well-being.

Understanding the ‘’Safe At Home’’ Program

California’s Safe at Home program is considered a beacon of hope in situations where personal safety and privacy are vital. The Safe at Home program plays a major role in the lives of survivors of domestic violence, human trafficking, sexual assault, and stalking. The California Secretary of State’s office often administers this confidential address program. This program is meant to offer privacy and physical safety to victims who are at risk. The victims are permitted to use a substitute mailing address rather than their normal home address. This program works as follows:

A Lifeline For Survivors

The need for domestic violence survivors to retain anonymity from their abusers is acknowledged in the Safe at Home program. This helps the survivors escape further harm. The legal substitute address enables the victims to participate in activities like:

  • Filling out government documents without fearing
  • Registering to vote
  • Opening a bank account, and
  • Receiving mail

The victim can use this address wherever public agencies need it. This offers protection that enables victims to rebuild their lives with enhanced security.

It is not only survivors of domestic violence who qualify for the Safe at Home program. The following groups of people can also access this program:

  • Reproductive health care clinic employees, patients, and volunteers facing violence or threats
  • Human trafficking victims
  • Survivors of sexual assault
  • Victims of stalking

The above wider eligibility criterion gives most victims living in fear a chance to secure refuge under the protective umbrella of the Safe at Home program.

Comprehensive Protection Beyond A Mailing Address

The substitute mailing address is a vital aspect of the Safe at Home program, but the benefits of this program extend further by enhancing the safety of the victim. These include:

  • Confidentiality in developing new public records. This ensures that the new records developed do not inadvertently show the victim’s location.
  • Confidential voter registration, where the victims are allowed to exercise their voting rights without revealing their location

This program's comprehensive approach to safety and privacy underscores the commitment to protecting the most vulnerable people in California.

A Step Towards Healing and Empowerment

The Safe at Home program represents more than just a series of protective measures to most victims of domestic violence. This program embodies a bridge to an empowered and safer life. The Safe at Home program plays a major role in healing by safeguarding personal information and offering a semblance of normalcy. This program acknowledges the courage it takes for victims to speak out and offers them the required support towards recovery and independence.

Civil Harassment Restraining Order - Code Of Civil Procedure Section 527.6

The court can impose a civil harassment restraining order to stop the restrained person from harassing or threatening someone else. The requirements for this order differ slightly from those of a typical restraining order. A civil harassment restraining order is meant to stop the defendant from harassing the victim in situations where an intimate or domestic relationship does not exist. This order offers a legal intervention that restrains the accused. Any person can pursue a civil harassment restraining order against an abuser.

The victim must provide evidence of the conduct that amounts to harassment.

The requirements for a civil harassment restraining order are covered under Code of Civil Procedure section (CCP) 527.6. The victim filing a petition under this law must provide evidence showing that harassment exists or a credible threat of violence. According to CCP 527.6, a credible threat of violence is willful behavior that serves no legitimate purpose. The behavior can put a reasonable person in fear for his/her safety or the safety of his/her immediate family.

Harassment is also defined under CCP 527.6(b)(2) as a credible threat of violence, unlawful violence, or a knowing and willful course of behavior directed at a particular individual. The defendant’s behavior can be annoying, alarming, or harassing and serves no legitimate purpose.

Unlawful violence under CCP 527.6(b)(3) involves stalking, battery, or assault. A behavior can only amount to harassment under 527.6 if it has a series of acts or patterns of conduct.

The Burden Of Proof In A Civil Restraining Order Case

A civil restraining order covers victims who do not have a qualifying relationship for a domestic violence order. These cases often encompass business partners, co-workers, neighbors, and sometimes strangers. The judge requires a much higher standard of evidence in these cases. The relationship between the victim and the abuser is often far less than that of family or spouses.

The victim can only secure a permanent civil restraining order against another person if he/she provides clear and persuasive evidence. Convincing evidence exceeds simple declarations. The victim must table sufficient evidence apart from his/her written statements and testimony in court. In this case, the victim can provide emails, texts, photographs, or other physical evidence supporting the allegations. The evidence must also include specific acts of harassment, physical harm or threats.

Find An Experienced Restraining Order Attorney Near Me

Restraining orders seek to protect victims of abuse or harassment. Also known as protective orders, there are various restraining orders, including immediate, temporary, and permanent ones. Violating a restraining order can lead to criminal charges that can attract jail time or fines. For more information on restraining orders or legal assistance in filing or fighting against a restraining order in California, contact the Goldman Flores Restraining Order Law Firm. Call us at 213-341-4087 to speak to one of our attorneys.