Restraining or protective orders are protective legal tools issued by the court after an individual petitions for the restraint of another party’s conduct, such as harassment, abuse, or violence, for safety or security reasons. California has several types of restraining orders (ROs), each protecting victims of different relationships or situations. Judges do not just issue these orders for no reason. You must have circumstances that compel the court to issue these orders. Here are the various types of restraining orders, the duration of the orders, and the common reasons courts grant them.

Kinds of Protecting or Restraining Orders

Before delving into the reasons why courts issue protective orders, it is crucial to understand the various kinds of restraining orders. The general forms of California ROs include the following:

Domestic Violence Restraining Orders (DVROs)

The court grants a DVRO decree in situations where there is a qualifying relationship and proof of physical or emotional assault or abuse threats. A qualifying relationship under domestic violence involves partners who are:

  • Married
  • Registered domestic partners
  • Divorced
  • Separated
  • In a romantic relationship or used to be in one
  • Biological parents of a child
  • Living or used to live together
  • In a close familial relationship

Examples of people in close familial relationships include:

  • Parent
  • Grandparent
  • Brother
  • Child
  • Sister
  • Grandchild

Civil Harassment Restraining Orders (CHROs)

CHROs are decrees the court grants against an individual; you, the protected party, are not related to or someone you do not have any intimate relationship with, such as a neighbor, colleague, or landlord. Additionally, the restrained party can be a distant relative, such as a nephew, uncle, or any other party not outlined under domestic violence. Other restrained parties in CHROs include:

  • Someone who has harassed you, threatened you, or emotionally or physically harmed you
  • A stalker
  • Someone who has harassed, threatened, or stalked you online

The court issues these orders against these parties for any form of violence, including battery, a viable threat of violence, or a behavior pattern that scares, harasses, or annoys you.

Elder or Dependent Adult Abuse Restraining Order

The court grants elder abuse ROs to safeguard senior citizens 65 or older or individuals aged between 18 and 64 with disabilities who are dependent on others. The decree not only protects against physical and sexual abuse. The court can grant the orders to safeguard against financial abuse, neglect, and abandonment.

Workplace Violence Restraining Order

The employer requests workplace violence ROs on behalf of workers to safeguard them from stalking, credible violence threats, physical violence, sexual harassment, or any other pattern of behavior that causes someone else to fear for their safety in the work setting. If an employee wants protection after harassment, they can only request a CHRO from the court and not a workplace violence RO.

If you have been harassed, assaulted, or threatened and you need protection, consult an experienced restraining order attorney to explain your circumstances and identify the RO type that best suits your situation.

The Duration of the Restraining Order

If you are considering a restraining order, it is normal to want to know how long you will enjoy the court’s protection. Each court decree lasts for a given time, depending on the grounds for issuance. Your RO attorney should explain the kind of decree you need and how long it will serve you.

  1. Emergency Protective Orders (EPOs)

EPOs are court decrees issued to safeguard individuals with an imminent threat of domestic violence. Also, a judge can issue the orders if you face a civil harassment situation, such as stalking, and you call law enforcement.

Unlike other ROs, you can request an EPO by calling 911 or making a distress call to law enforcement. If the police respond, they will evaluate your situation to determine if you are in imminent threat of domestic violence. If you are, they will call the judge or commissioner on standby, regardless of whether it is at night, on a weekend, or on a holiday, and request an EPO on your behalf.

The decree takes effect immediately and lasts for five business days or seven days. The orders protect you from the victim pending an application for a temporary or permanent RO. If you live in the same home with the abuser, the abuser must move out immediately and avoid contact or communication with you or the children until the decree lapses or the court gives new instructions.

  1. Temporary Restraining Order (TRO)

A TRO is a short-term court order issued to protect a petitioner from threats, harassment, or assault pending a hearing on the petitioner's restraining order application. The petitioner becomes the protected party, while the abuser is the restrained party. TROs remedy the situation pending the court's determination of the same matter. They prevent the restrained party from calling or talking to the petitioner, maintain a certain distance from the petitioner, and avoid places or activities that the restrained party and the petitioner engaged in together in the past.

If the court grants you a TRO, it stays in effect for 20 to 25 days, although you could request an extension if the pending hearing is delayed. Typically,  a TRO lasts until the judge rules on a permanent protective order. You can obtain the decree after a domestic violence, elder abuse, or civil harassment incident.

  1. Permanent Restraining Order (PRO)

The court issues a PRO when you lodge a formal petition to protect yourself from DV, elder abuse, workplace violence, or civil harassment. A PRO bars the perpetrator from making contact and prohibits them from continued harassment, stalking, or assault.

You will require the help of a seasoned RO attorney when preparing and filing this petition because you bear the burden of proof and must give solid reasons as to why the court should protect you. The decree lasts for 60 months and is updated in the police database. So, when the restrained party violates the restraining order, they risk arrest and criminal charges.

Common Reasons the Court Grants Various Forms of Protective Decrees

There are several grounds for issuing restraining orders. These include:

Domestic Abuse

One of the most common reasons why the court issues restraining decrees is domestic violence or abuse, which is prevalent in many families. Domestic violence (DV) refers to any actions, threats, or attempts to inflict physical injuries on an intimate partner or close family member. The judge issues DVROs to protect the petitioner from continued violence or threats of violence.

Unfortunately, abuse between intimate partners or individuals in immediate familial relationships is prevalent. Therefore, you can petition the court for a DVRO if you are an eligible party, regardless of your gender, job, age, income, race, or religion.

Domestic violence can happen in various ways, and these are grounds for the issuance of restraining orders. The first way is sexual abuse. If you have been sexually assaulted by your intimate partner or immediate family member, the court can offer you protection by granting a DVRO. Sexual assault refers to any unwanted or unwelcome sexual behavior, including:

  • Forced intimacy
  • Unwanted sexual touching
  • Rape
  • Sexual coercion

If you have been a victim of the conduct in the past or are currently going through sexual abuse, you have grounds to file for a DVRO.

Another reason the court will grant a DVRO against a restrained party is if they are engaging in any action that could cause physical harm, such as slapping, shoving, kicking, punching, or any other unwanted use of bodily force. The court will issue the decree even if the perpetrator only attempts or threatens to inflict physical harm, even when there are no physical injuries. The court focuses on the fact that you felt under imminent threat of physical harm. Examples of attempts to inflict physical injuries include throwing objects or raising a hand to threaten a slap. If you have been through physical abuse, you have grounds for a DVRO.

Additionally, perpetrators of DV can accomplish the illegal conduct through harassment. Harassment involves unwanted, annoying, or persistent calls, text messages, emails, or social media messages. If you can prove to the court that there is a pattern of these behaviors, it will grant a DVRO.

Emotional and psychological abuse can also be grounds for seeking a DVRO. Any behavior that destroys your emotional or psychological well-being under California law amounts to disturbing the peace. Emotional abuse happens when an abuser makes a threat that causes you to act against your will. Conversely, psychological abuse happens when the victimizer intimidates you with threats, such as taking away the children or sharing private information that could shame you publicly.

Additionally, DV perpetrators can accomplish the crime through coercive control by interfering with your free will or freedom.  They accomplish this by isolating you from your loved ones and monitoring your communication, routines, and movements, controlling your finances, or threatening to hurt you. Even though this behavior can seem protective at first, it is a form of domestic abuse and sufficient grounds for the court to grant a DVRO.

Also, the court can grant a DVRO in a case of economic abuse where the victimizer manages your financial resources in a way that makes you dependent on them and unable to support yourself.

Lastly, destruction of property can be grounds for issuing a DVRO. The destruction of property during a disagreement at home amounts to domestic violence. The judge will issue a DVRO if you can prove that your abuser directed violence to your personal property by breaking the phone, television, or causing other damage to your property or jointly owned property.

Civil Harassment

Another common ground for the court to grant an RO is in a civil harassment case. The court issues a CHRO if the perpetrator of the abuse, stalking, harassment, threats, or assault is an immediate family member or intimate partner. The restrained parties in CHROs are roommates, neighbors, colleagues, or any other parties with whom you do not have a close familial relationship.

Harassment refers to illegal violence, credible threats of violence, or any other pattern of intentional acts aimed at annoying or alarming you. Further, harassment is defined as any action that creates a serious and imminent risk of application of physical force. Harassment is accomplished when an individual reasonably fears for their safety or freedom.

For the court to grant your CHRO petition, you must demonstrate that:

  • You suffered illegal violence, such as assault
  • The victimizer intentionally and knowingly made a statement or engaged in behavior that caused you to feel scared or unsafe, reasonably.
  • Your were harassment
  • You have no close familial relationship with the perpetrator

Examples of behavior that should compel you to seek a CHRO include:

  • Your neighbor is repeatedly yelling at you
  • Your roommate is making threats of harming you
  • A distant relative is harassing you

If you are experiencing civil harassment, contact an experienced attorney to begin the process of filing a CHRO.

Elder or Dependent Adult Abuse

California PEN 368 prohibits financial, physical, or psychological harm to a senior citizen. Financial abuse is the misappropriation of an elder's financial resources. The restrained party can be a family member, caregiver, or an individual entrusted with the senior citizen’s finances. The judge will grant an elder abuse restraining decree for many reasons.

The first is abandonment by a caregiver or family member of an elderly or dependent adult. Abandonment places these parties at risk of physical harm or death. Abandonment does not mean the perpetrator is actively harassing the protected party. Instead, they are neglecting or abandoning the person in violation of the law, which is sufficient grounds for the court to grant a protective order.

Similarly, the court will issue a protective order if a family member or caregiver to a vulnerable person neglects the party by failing to provide food, medical care, clothing, and shelter. Additionally, a senior citizen or dependent adult needs protection from hazardous conditions. Failure to perform these duties to these people amounts to neglect and grounds for the court to issue a restraining order against those involved.

Also, financial abuse against the elderly or dependent adults can be grounds for a protective order. The abuse happens when an individual commits fraud that affects the victim’s property, assets, or money. The vulnerable in society receive many benefits, including pensions and disability benefits. If the beneficiary has a mental health condition, they might not be able to handle finances. They end up relying on caregivers or family members to handle the property and bank accounts. Unfortunately, some people exploit these situations. If you file a protective order against such a party, the court will likely grant it to protect the senior citizen or dependent adult.

Another ground for the court to grant an elder abuse protective order is physical abuse. Restrained parties in these cases are usually caregivers who use physical force to control the vulnerable persons under their care. Other caregivers use physical force when the vulnerable persons they are caring for become agitated because of their illnesses. Whatever the circumstances of the physical abuse, if proven, the court will grant a protective decree.

Emotional abuse against the vulnerable also qualifies for an RO. For the court to grant the decree, you, the petitioner, must reasonably demonstrate that the perpetrator engages in acts that cause the elder mental anguish. When the court grants your petition, the party will be barred from contacting the victim or from continuing gestures or language that agitate the victim.

If you notice any of these behaviors against a vulnerable party, you can initiate a civil proceeding to obtain an elder abuse protective order to stop the abusive conduct.

Workplace Violence

The court can issue a workplace violence protective decree to protect you, an employee, from workplace violence, harassment, or stalking. The order prohibits the restrained party from making threats or contact with the protected party.

The employer petitions for this decree to protect a worker or workers who feel threatened or have suffered violence on the job. Because the violence could extend to your home, the petition seeks protection for your home or immediate family members.

The orders take effect on the date of issuance and remain in effect for no more than 36 months.

The Proof you Need to File a Protective Order Petition

The court requires compelling evidence to grant a decree, ensuring that only parties who require protection receive it and that the orders are not abused by those seeking an undue advantage in a divorce proceeding or custody hearing.

In DVRO, the court considers the totality of the circumstances, meaning you do not need a recent incident of domestic abuse to obtain the decree. However, for civil harassment cases, you must prove with clear and convincing evidence, which is a higher evidentiary standard than in a DVRO petition, that you were harassed for the court to grant your petition.

The proof you will require to support your grounds for a protective order petition includes:

  • Photos of the property damage or injuries
  • Social media messages, text messages, or emails containing threats
  • The police report, if you made a distress call and the police responded
  • A medical report showing the extent of your injuries
  • Witness statements from people who witnessed the abuse or threats
  • Call log records showing you called for assistance

Consult with an attorney early to help you gather the evidence you need to file a strong petition and increase the chances of the court granting the decree.

Find a Competent Restraining Order Attorney Near Me

California criminal statutes provide victims of domestic abuse, elder abuse, workplace violence, or civil harassment with restraining orders to keep victims safe. The court grants a restraining order if you have grounds or reasons to prove you reasonably feel scared or unsafe.

At Goldman Flores Restraining Order Law Firm, we can help you petition for a restraining order and lodge criminal charges against the perpetrator. So, if you are experiencing violence, credible threats, harassment, or stalking, call us today at 213-341-4087 to file for a restraining decree in Los Angeles.