Imagine waking up one day and finding out that someone has petitioned the court for a protective order against you. This news could turn your world upside down immediately, leaving you wondering what it means for your life, freedom, relationships, and the future. It can be extremely embarrassing and nerve-wracking, but you must understand what to do.

A protective order is a court order issued in criminal and civil cases to protect alleged witnesses and victims from harm or harassment. The court is more likely to issue a protective order against you if the alleged offense is domestic violence, stalking, sexual assault, and/or any violence-related criminal case.

If you or a loved one is under investigation or arrest for a criminal case where the court may impose a restraining order against you, an experienced attorney can help you secure a desirable outcome.

What Protective Orders Mean

While many people know protective orders exist, few understand what they mean under the law and what they can and cannot do when issued against them. Also known as a restraining order, a protective order is not just a guideline or suggestion. Instead, a protective order is a legally binding court order that you must comply with when issued against you.

Penal Code (PC) 136.2 authorizes the court to use protective orders to protect against further harm, harassment, or retaliation during the pendency of certain criminal cases, particularly those involving domestic violence issues. In other words, the court issues a protective order when protecting the witness, victim, and their loved ones is crucial.

The most critical requirement of a protective order issued against you is the requirement to stay away from the victim, even if he/she is a mother or father of your children. That means if the order requires you to avoid making any contact with the victim, visiting his/her residence will be a breach of this requirement, and the court will attract a separate criminal charge under PC 273.6.

Depending on the facts of your unique case, a conviction under this statute could attract misdemeanor or felony penalties. However, with legal assistance of an attorney, you can request the court to allow limited contact with your loved ones.

Four Types of Protective Orders That You Should Know

Generally speaking, there are four types of protection, each addressing specific circumstances and offering varying degrees of protection to the petitioners. Understanding the requirements of the specific protective order issued against you is crucial to avoid committing acts that could attract additional criminal charges.

Here is an overview of the four primary types of protective orders, their purposes, and how they differ from each other:

1. A Domestic Violence Restraining Order (DVRO)

As the name suggests, the court issues a DVRO in domestic violence-related offenses. A domestic violence (DV) crime occurs when you commit certain acts against someone you have a close relationship with, such as:

• Current or former spouse
• Current or former domestic partner
• Someone you are in a dating relationship with
• Someone you have a child with
• A blood family member or in-law

If you are under investigation or arrest for certain crimes against these people, including stalking and physical abuse, the court could issue a DVRO against you. In addition to separating you from the victim or accuser, the DVRO may come with specific requirements regarding child custody, living arrangements, pets, and spousal support. Here are three versions of DVROs that you ought to know about:

• Emergency Protective Order (EPO) — An EPO is a short-term protection that police officers issue to victims of DV-related offenses to protect them from any imminent harm or danger. The police responding to a DV case will ask a judicial officer to issue a TRO, even if the court is currently closed. The EPO will last for a few days (typically up to seven days) to give the victim or accuser time to seek legal representation and long-term protection through the court
• Temporary Restraining Order (TRO) — When the victim or petitioner files for a DVRO, the court could issue a TRO. The TRO will typically last for a few weeks (typically up to 25 days), giving the court time to schedule a formal hearing to determine whether a permanent protective order (PPO) is necessary
• Permanent Restraining Order (PRO) — The court will issue a permanent restraining order after listening to the accusers' and your attorneys' testimony and evidence at the scheduled hearing. If, during the hearing, the victim can prove that he/she is receiving continuing threats or abuse from you, the respondent (abuser), the court will issue a PRO against you. Typically, the PRO will remain active for up to five (5) years, and the petitioner could request a renewal if necessary

As the respondent or accused in a DV-related case, it is important to understand what you can or cannot do while a CHRO is active to avoid unnecessary issues with the court or new criminal charges.

2. Civil Harassment Restraining Order (CHRO)

A CHRO focuses on protecting individuals from different acts of harassment. Harassment includes any willful act or conduct that annoys, alarms, or makes someone sustain emotional distress or reasonable fear for his/her safety. Examples of offenses that could make the court grant a CHRO include:

• Criminal threats
• Stalking
• Battery
• Assault

Unlike a DVRO, the court could issue a CHRO to the petitioner even if he/she has no domestic or intimate relationship with you, the accused. For example, someone could secure a CHRO against you even if you are his/her landlord, roommate, friend, acquaintance, or colleague. When issued against you, a CHRO could last for three (3) to five (5) years, but the court could extend this duration, if necessary.

However, like a PRO, the court will not automatically issue a CHRO to the petitioner. The court will schedule a full hearing, allowing the petitioner and your attorney to present their evidence or arguments. If the petitioner does not have adequate evidence to show that the CHRO would be necessary to protect him/her, the court will dismiss the case.

3. Workplace Violence Restraining Order (WVRO)

A WVRO aims to protect people from harassment, violence, or threats in the workplace. A WVRO is unique because only an employer can request it to protect his/her employee from harassment, violence, or threats in the workplace. Examples of unlawful violence that could make an employer secure a WVRO to protect his/her employee include battery, stalking, or assault.

If an employer files for a WVRO against you, he/she will receive a TRO, which will last for up to twenty-five (25) days pending a full hearing. During this hearing, a judge will consider various factors when determining whether there is enough evidence to warrant the order.

• Whether you and the protected individual have any job-related contact
• Your First Amendment rights

The court could impose “stay-away” and “no contact” orders if you have no job-related contact with the alleged victim or protected individual. If issued, the WVRO will last for up to three (3) years and is renewable.

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

Law enforcement officers do not tolerate abuse of adults and elderly individuals who cannot take care of themselves. Caretakers and staff of these people have the legal right to report any kind of abuse that they witness. EARO addresses all forms of abuse that do not fall under a CHRO or a DVRO, including neglect, financial exploitation, and deprivation of care.

An EARO protects people who are either 65 years or older or dependent adults aged between 18 and 65 years who have specific physical or mental health disabilities. Aside from the victim, his/her guardian, conservator, trustee, or attorney can also file for an EARO against you. If the court grants an EARO, the order will last for up to five (5) years and is renewable, if necessary.

Understanding Common Conditions of Protective Orders

If a restraining order is issued against you, you must adhere to the set terms and conditions. Here are common conditions the court requires you to comply with while the protective order is active:

Avoid Contacting the Victim

Several people misunderstand the scope of no-contact orders, leading to easily avoidable mistakes or violations. A no-contact order means you cannot contact the victim directly or indirectly through messengers or intermediaries. Also, you cannot text, call, send written letters, email, or message the victim via any social media platform.

Live Far From the Victim

In addition to the communication restrictions, a protective order will also require you to stay away from the victim. That means if you shared a house or home with him/her, you have to find another alternative house to live in, as your case continues.

While the court's main priority is to ensure the victim is safe, this displacement could significantly impact your life because it could last for several months or years, pending the judgment of your case. You will be required to comply with this house restriction for the duration of your case, which could be several weeks, months, or even years.

Agree to Surrender Your Firearms

If the alleged offense involves violence or the use of a firearm, the court will require you to surrender any firearm registered under your name pending the outcome of your case. As long as the protective order is in effect, you cannot own, possess, carry, or receive a firearm that could significantly impact your life.

Continuing to keep or failing to surrender your firearms could attract additional charges under PC 29825 and make the underlying offense more serious.

While the conditions of protective orders are strict, they are not permanent or unchangeable. With the legal assistance of your attorney, you can challenge the protective order issued against you or convince the court to modify its terms and requirements.

Nonetheless, if someone has secured a restraining order against you, complying with its terms is crucial even if you think it is unnecessary or uncalled for. If you are unsure of what to do and not do while a protective order issued against you is in effect, you should consult with your attorney to avoid unnecessary legal repercussions.

Potential Penalties You Could Face for Violating a Protective Order

As mentioned in the previous sentence, violating a protective order is a criminal offense under PC 273.6. To secure a PC 273.6 violation conviction against you, the prosecutor must prove the following elements of the crime at trial beyond a reasonable doubt:

• The court had issued a restraining or protective order against you
• You were aware of the order
• You willfully or intentionally violated the order
• You had the mental and physical ability to follow or adhere to the order requirements

In most cases, the prosecutor will file a PC 273.6 violation as a misdemeanor and will attract the following possible penalties after a conviction:

• A jail time of up to one year
• A fine not exceeding $1,000

However, under the following circumstances, the prosecutor will file a PC 273.6 violation as a wobbler, meaning you could face felony or misdemeanor penalties after a conviction:

• Your violation involved acts of violence
• You have a record for a PC 273.6 violation conviction

If your PC 273.6 charge is a felony, a conviction could result in a fine of up to $10,000 and a jail sentence of not more than three (3) years. Additionally, a PC 273.6 violation could lead to the revocation of your bail. That means if you were out of jail on bail as your case continues, the court will order a re-arrest, and you may end up behind bars as your case continues.

How to Challenge a Protective Order Issued Against You

If someone has secured a protective order against you, the steps you will take can significantly influence the outcome of your case. Here are top-notch legal defenses your attorney can use to challenge a restraining or protective order issued against you:

You are a Victim of False Allegations

Your attorney can help challenge the protective order by proving that the allegations you are facing are fabricated, untrue, or exaggerated. By scrutinizing the accuser's statements, your attorney could determine the motive of the accuser for fabricating or exaggerating the case.

In domestic violence-related cases, a person could falsely accuse you of a crime to take revenge or gain an advantage over you in a child custody battle. If this legal defense works in your favor, the TRO will expire, meaning the court will not convert it to a permanent restraining order.

The Evidence Presented Against You is Insufficient

If the petitioner or his/her attorney can provide clear and sufficient evidence to prove you harassed, threatened, or abused him/her, the court could dismiss the protective order.

You Were Factually Innocent

Arguing that you are factually innocent is another great legal defense to challenge a protective order. The court could accept this legal defense if your attorney can provide evidence to show your whereabouts during the time and date the alleged offense occurred, including emails, photographs, and text messages.

The Accuser Misunderstood Your Actions or Words

The court understands that it is possible for someone to misunderstand your words or actions as threatening or abusive, leading to unnecessary arrests. If your attorney can clarify the context of the situation by providing factual and clear evidence, he/she could deny or dismiss the protective order issued against you.

If these legal defenses work to your advantage, the court will dismiss the protective order. This outcome will not only give you back your freedom, but it will also remove the effects of the protective order from your record. In other cases, the court will not dismiss the protective order, but it could accept the modifications of its requirements if there is sufficient evidence to warrant the changes.

In the worst-case scenario, the court could also decide to uphold the protective order, meaning you must comply with its requirements for the set duration. However, even when the court imposes a protective order against you, you can appeal the decision in an appellate or higher court. An appeal could challenge the court's decision, possibly leading to a reversal of the order.

Steps to Take When Someone Secures a Protective Order Against You

As you can see above, the impact of a protective order could be detrimental to your life. In addition to affecting your freedom and where you can live, it could require you to stay away from your loved ones, including your children. Here is what to do to stand a chance of securing a favorable outcome when someone files for a protective order against you:

• Hire a skilled attorney
• Comply with the terms of the order
• Begin gathering evidence to challenge the order and the offense

Find a Profound Protective Order Attorney Near Me

If someone has filed for a protective order against you, and you are wondering what to do, consulting with a seasoned attorney could help. We invite you to call our credible attorneys at Goldman Flores Restraining Order Law Firm at 213-341-4087 if someone has filed a protective order against you in Los Angeles.

We will offer you thorough legal advice and representation to help you secure a desirable outcome, including a dismissal of the order or a modification of the terms.