A protection order is a crucial legal tool designed to enhance a person’s safety in situations involving abuse or threats. The legal system offers several safeguards, one of the most powerful being a protection order. When a person is at risk, a protection order can save his/her life. However, what exactly is a protection order, and how does it function? The information below answers this in detail.

California Restraining/Protection Orders

A protection order is a court-granted order issued to prevent abuse, harassment, stalking, or threats, and it is a crucial shield that assists individuals in avoiding danger. Four primary kinds of restraining orders cover various situations and relationships, each seeking to offer specific legal protection. The orders are legally different and address different scenarios of abuse, harassment, or danger.

1. Domestic Violence Restraining Order (DVRO)

A domestic violence restraining order is issued to prevent abuse by someone with whom the victim shares a close relationship. This also includes:

• Current or former spouses
• Registered domestic partners
• People who are dating or who used to date
• People who have a child together
• Close relatives like parents, children, and siblings

According to the Domestic Violence Prevention Act (DVPA), abuse does not simply refer to physical harm. It is a broad term that includes intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing another person in reasonable fear of imminent serious physical injury, and a range of other actions that disturb the peace of the other party. These actions could include stalking, verbal threats, or destruction of property.

2. Civil Harassment Restraining Order (CHRO)

The civil harassment restraining order is applied when there is no close family or intimate relationship between the parties. The civil harassment order is usually filed against neighbors, work colleagues, acquaintances, and strangers. Under a CHRO, harassment includes:

• Unlawful violence
• Credible threats of violence
• A threat of violence that appears credible
• A pattern of conduct that causes a person serious alarm, annoyance, or harassment, has no legitimate purpose, and causes substantial emotional distress.

These can be unwanted contact that does not cease, stalking, or disturbing behavior that recurs. The CHRO offers a legal solution to those who are harassed in a way that is not domestic.

3. Dependent Adult or Elder Abuse Restraining Order (EARO)

An elder or dependent adult abuse restraining order (EARO) is designed to protect vulnerable adults. This applies to those 65 years of age and above or dependent adults between 18 and 64 years with a physical or mental disability that impacts their daily lives.

An EARO is broad in scope and includes:

• Physical abuse
• Neglect
• Financial exploitation
• Abandonment
• Isolation
• Abduction
• Any treatment that results in bodily harm, pain, or mental suffering

It also covers cases where a caregiver denies the elder or dependent adult access to goods or services needed to prevent harm. This order acknowledges that these populations are especially vulnerable and affords them crucial legal protection.

4. Gun Violence Restraining Order (GVRO)

A gun violence restraining order is a particular form of order that specifically targets gun-related violence. It enables the short-term confiscation of guns and ammunition from someone who is considered a serious threat to themselves or others. A GVRO differs from other restraining orders because it focuses on access to weapons rather than interpersonal behavior.

A GVRO can be requested by law enforcement, immediate family members, employers, coworkers, roommates, and specific school or healthcare professionals when there is strong evidence that a person is at risk of personal injury with a firearm.

This order is a proactive measure to avert potential tragedies related to gun violence.

What a Protection Order Can Do

Once a court issues a protection order, a judge can issue various conditions to keep the protected person safe. These orders are binding legal directives, not mere suggestions. Orders are a proactive measure to avert potential tragedies related to gun violence, and their breach can cause severe punishment. The scope of these orders can be customized to protect multiple aspects of the petitioner's life and sources of possible vulnerability.

No-Contact Order

One of the essential ones is the no-contact order. This order clearly states that the restricted individual shall not in any way make contact with the safeguarded individual. It includes contact through phone calls, text messages, emails, social media communication, letters, or communication with third parties. The objective is to do away with all types of direct and indirect communication, hence harassment and emotional stress.

Stay-Away Order

The stay-away order requires the restrained individual to keep a certain distance between him/her and the person to be provided protection. This distance is typically 100 yards and applies to the protected person’s home, place of employment, school, or daycare of the children, and even their car.

A stay-away order establishes a physical separation so the person under protection can go about his/her daily routine without fear of running into the restrained individual.

Residence Exclusion Order

A judge may grant a residence exclusion order (move-out) when the parties live in one house. This order legally requires the restrained individual to vacate the shared residence, whether he/she owns the home or is a tenant. This is especially important when it comes to domestic violence, which could require the immediate physical separation and the ability of the protected person to stay at home away from the abuser.

Temporary Child Custody and Visitation Orders

Moreover, in the case of children, there are temporary child custody and visitation orders in a protection order. A judge can assign temporary physical and legal custody to the protected parent and provide specific terms for visiting the restrained parent. These terms are written with the child's interests and safety as the primary concern. They almost always involve supervised visitation or other limitations to allow the child to be in a safe environment.

Firearm Restriction Orders

Under this order, the restrained individual is supposed by law to hand over any firearms he/she could have. This would involve selling them to a licensed gun dealer or handing them over to law enforcement. This measure significantly boosts safety because it eliminates access to weapons and thus the risk of serious injury.

Getting a Restraining Order in California: Step-by-Step Process

Obtaining a protection order in California is a formal legal process meant to facilitate due process and promptly grant relief to the affected parties. These steps are critical to protect the court.

Step 1: Acquiring and Completing the Necessary Legal Documents

The first step is to obtain and correctly fill in the required legal documents. The forms necessary will vary depending on which type of restraining order is sought. For example:

• Those requesting a domestic violence restraining order will use Form DV-100 (Request for Domestic Violence Restraining Order), DV-109 (Notice of Court Hearing), and DV-110 (Temporary Restraining Order).
• In the case of a civil harassment restraining order, the initial form is CH-100, Request for Civil Harassment Restraining Orders.

These forms demand specific accounts of the events of the abuse or harassment, dates, times, and actual actions, which are the basis of the petitioner's case.

Step 2: Filing the Documents With the Superior Court

As soon as the forms are carefully filled in, they should be filed with the Superior Court within the proper county. The filing is usually done at the clerk's office. The law is also unique in the sense that the domestic violence restraining orders and elder or dependent adult abuse restraining orders have no filing fee. Therefore, the most significant protection is available to victims, irrespective of their financial status. Other restraining orders may have a filing fee, but waivers can be granted to those who qualify.

Step 3: Judicial Review and Issuance of a Temporary Restraining Order (TRO)

After the filing, a judge will consider the paperwork submitted to understand whether a temporary restraining order (TRO) must be issued. In many counties, the review is conducted on the same day the forms are filed, and more importantly, it is ex parte in nature, that is, without the presence of the other party. A TRO will be issued if the judge discovers enough evidence of immediate and irreparable harm or a credible threat that is believable. This temporary order grants immediate protection, which can be enforced by law enforcement, and lasts till the court hearing, which usually happens within a few weeks. The TRO provides a time of safety to the petitioner until a more detailed hearing can be held.

Step 4: Serving the Restrained Individual

It is a legal requirement that the restrained individual be served with the orders. This ensures the person under restraint is formally notified of the proceedings and the orders against him/her. The petitioner cannot serve these documents. Instead, service should be done by an outside party at least 18 years old, not a party to the case. This can be a professional process server, a county sheriff, or another adult over 18 who is not involved in the case.

The server should physically provide copies of all documents filed, including the TRO, assuming it has been issued, and the Notice of Court Hearing to the restrained person. Once successful service is done, the server is supposed to complete and file a form known as Proof of Service with the court to show that the other party was duly notified.

Step 5: The Court Hearing and Final Order

The last procedure towards getting a permanent restraining order is the court hearing. This is where the petitioner and the restrained individual can state their own side of the story before the judge. Each side can testify, introduce evidence through photographs, text messages, emails, medical records, or police reports, and summon witnesses.

A judge will hear everything presented to him/her and, relying on the evidence and the letter of the law, will decide whether to grant a long-term restraining order. When granted, these final orders may last up to five years and thus offer longer-lasting legal protection.

Consequences of Violating a Restraining Order

A permanent restraining order is a serious legal document, and its breach leads to serious legal consequences under Penal Code 273.6. Any deliberate and willful breach of a restraining order is a criminal act.

This also encompasses violating any particular condition, like no contact, stay-away orders, or other ordered conduct. This express classification as a crime highlights the seriousness with which the legal system takes these court orders to help save people from more harm.

In case of violation, the person being protected must call 911. Police officers have the right to arrest if they have reasons to suspect a restraining order violation. This rapid response aims to protect the person under protection and avoid further incidents.

Consequences for breaching a restraining order differ depending on the situation.

Misdemeanor Violation

A first violation of Penal Code 273.6 may result in:

• Up to one year in county jail
• A fine of up to $1,000, or both

The court can also impose other payment forms, including donations to shelters or reimbursement of victim costs.

Felony (Wobbler) Violation

A second offense of violating an order within seven years, particularly an act of violence or a credible threat of violence, may be charged as a wobbler offense, either as a misdemeanor or a felony. When charged as a felony, you could face:

• A sentence of 16 months, two years, or three years in state prison
• A fine of up to $10,000 or both

The Protected Individual Suffered Physical Injury

A violation that causes physical injury to the victim is punishable by:

• A minimum of 30 days in county jail to a maximum of one year
• A fine of up to $2,000, even on the first offense

Further violations that cause injuries may be followed by more severe punishment, like increased minimum jail sentences.

Firearms Prohibition

A restrained person is legally prohibited from possessing, owning, purchasing, or acquiring firearms. A breach of this prohibition can result in separate misdemeanor or felony charges, and felony convictions may carry up to three years in state prison.

All restraining orders granted are recorded in the California Law Enforcement Telecommunications System (CLETS) database to make enforcement easy. This is a statewide police database that gives law enforcement agencies in the state instant access to information regarding active restraining orders. This ensures that law enforcement across California can efficiently verify and enforce restraining orders. The officers can easily confirm the existence and conditions of the order, and the enforcement process becomes more effective and a lifeline to the complaining party.

What to Do When a Restraining Order is Filed Against You

It may be stressful to be served with a restraining order, but you should know the steps you need to take to defend yourself and provide your side of the case. A cool and well-thought-out strategy can make a huge difference.

Step 1: Go Through Each Page of the Order

Start by reading every page of the temporary restraining order (TRO). This document mentions certain restrictions. Having a clear idea of these constraints because misunderstandings may cause unintentional breaches. The TRO will also indicate the date of your permanent restraining order hearing.

Step 2: Immediately and Wholesomely Obey the TRO

After this review, comply with the temporary restraining order immediately. Refusal to follow its orders, regardless of whether you feel the accusations against you are untrue, is a criminal offense with severe implications. The breach may result in arrest, fines, and imprisonment, despite the final results of the permanent restraining order hearing. This strict compliance will save you further legal hassles pending the case.

Step 3: Make Your Legal Response

Prepare your legal response. It entails submitting the required paperwork to the court, including the DV-120 (Response to Request of Domestic Violence Restraining Order), which will officially express your objections to the order.

At the same time, gather any counter-evidence that disproves the petitioner's arguments. This may be in text messages, emails, statements of witnesses, or any other documentation proving your version of events and why the restraining order should not be permanent.

You will also have to have these forms served correctly on the petitioner. It means that a copy must be delivered to the petitioner by someone over 18 (not you), and a form called a "Proof of Service" must then be filed with the court.

Step 4: Appear at the Hearing

It is unacceptable to miss the arranged hearing in court. Your attendance will allow you to present your evidence and arguments to the judge face-to-face. Not showing up will lead to the judge issuing a long-term restraining order against you by default because the court will only have one side of the story to go on. Your presence ensures that your side of the story is heard and considered, and your defense is considered before making a final decision.

California Restraining Order Duration, Renewal, and Modification

Knowledge of the lifecycle of a restraining order, its length, its possible renewal, and the possibility to change or cancel helps the people under the protection and those who are the subjects of a restraining order understand the process. These orders are not always permanent in the absolute sense, but their effects may be long-term.

A "permanent" restraining order usually lasts a defined period, often not more than five years. Judges set the duration based on the severity of the abuse, the need for continued protection, and the perceived necessity of continuous protection.

Although labeled as permanent to contrast with the temporary order, it generally represents a fixed term, unless the court explicitly states that the order has no expiration date. Unless a definite expiry term is mentioned in the order, it usually lapses within three years.

The protected person could ask the court to renew the restraining order before it expires. This request may be done as early as three months before the expiration date of the existing order. To grant a renewal, the judge will determine whether there is a reasonable fear of future abuse or harassment. The judge does not need to demonstrate that new acts of abuse have occurred since the judge issued the initial order. He/she could rely on the initial evidence and the continued fear of the protected person. The court can even renew the order indefinitely in situations where there is a history of violence. The order would have no end date and offer continued legal protection out of safety concerns.

Furthermore, either party may go to the court and request a change or end of an existing restraining order before its expiration. To make that happen, the party filing the request should prove that there has been a change in circumstances since the judge first issued the order. For example, a respondent might present proof of completing anger management classes and that there is no danger anymore. Alternatively, a petitioner may want to change the conditions because of a change in safety requirements, such as exchanging children. The court will examine the new facts and determine whether to modify or terminate the order. It will ensure that modifications will still ensure the safety of the protected party and uphold fairness in legal proceedings. These requests often require filing forms like FL-300 (Request for Order) and FL-320 (Responsive Declaration to Request for Order).

Find a Protection Order Lawyer Near Me

A protection or restraining order is an essential legal instrument to protect a person against harm, harassment, or abuse. It is a court order that forbids a particular behavior of one individual towards another, including contact, threats, or being nearby. These crucial legal orders help establish a safe environment for at-risk individuals and have profound legal implications. The breach results in serious consequences.

In case you require protection in California, there are resources to help you through the process. Contact your domestic violence hotlines or local courthouse, or seek legal aid organizations or a restraining order attorney for professional help. On the other side of the protection order, you should know your rights and the consequences of violating a restraining order.

Talk to the Goldman Flores Restraining Order Law Firm as soon as possible to have your side of the story heard and to get through the legal process smoothly. Your security and legal rights are essential. Contact us at 213-341-4087 for a case assessment.