The court can issue a civil restraining order against a defendant facing accusations related to harassment, domestic violence, and stalking. Often, the victims of criminal conduct request a restraining order, which the court can grant when sufficient evidence shows a need for protection.
The process of obtaining and serving a civil restraining order differs from the criminal justice system. However, the proceedings can overlap when criminal charges are filed for your conduct. When a person obtains a civil restraining order against you, the court will order you to avoid contact with them and discontinue the violence or harassment.
You must follow all the conditions of the order, failure to which you could face criminal charges and severe consequences. If you seek a civil restraining order or need to contest one, you will need the guidance of a skilled attorney to help you navigate the process.
An Overview of Civil Restraining Orders for Criminal Conduct in California
A civil restraining order in California is a legal tool designed to protect individuals from harm. The order restricts the actions of someone who has caused fear or harm. Civil restraining orders address the ongoing risk posed by abusive or threatening individuals. They provide victims with immediate and long-term legal protections.
Criminal charges are not necessary for a restraining order. However, the need for a civil restraining order can arise due to criminal conduct. California has specific processes and legal guidelines on civil restraining orders.
These orders are relevant when criminal conduct has occurred, but the criminal justice system has not intervened. Additionally, the court can issue the order while the criminal proceedings continue.
Types of Civil Restraining Orders Related to Criminal Conduct
California law provides different types of restraining orders to address specific situations. The main types of civil restraining orders relevant to criminal conduct are:
Civil Harassment Restraining Orders (CHRO)
Civil harassment restraining orders protect people from stalking, harassment, or threats. The court can issue a CHRO in cases where the harasser is not a member of the victim's family. For instance, a neighbor or coworker can seek a CHRO if they face harassment or threats.
In a criminal case, a CHRO is relevant if the respondent faces harassment or stalking charges. The court may issue a restraining order to prevent further harassment during the ongoing criminal case.
Domestic Violence Restraining Orders (DVRO)
Domestic violence is a common concern in California. The court can issue a domestic violence restraining order to protect victims of domestic violence. A victim of a domestic violence crime like a spousal battery can seek protection before the criminal case is resolved.
A DVRO prohibits the abuser from contacting the victim. Contact, in this case, would include direct or indirect communication. It can also include other restrictions, such as ordering the abuser to vacate the home and surrender firearms.
In domestic violence criminal cases, the court can issue a protective order to ensure the victim's safety during trial. After a criminal proceeding and conviction for domestic violence, the court can issue a criminal DVRO.
Elder or Dependent Adult Abuse Restraining Orders
These restraining orders protect elderly or dependent adults from abuse. The restraining order covers physical abuse, financial abuse, and neglect. Elder abuse could result in an arrest and criminal charges under California Penal Code 368. In an elder abuse criminal case, a criminal protective order can protect the victim from further harm while the criminal trial proceeds.
Workplace Violence Restraining Order
Individuals who experience violence or threats in the workplace can file for a restraining order. Although workplace restraining orders are not common in criminal cases, the court can issue them when criminal conduct occurs.
Civil Restraining Order Process
The process of obtaining the restraining order takes the following steps:
Determine Eligibility
When you seek a civil restraining order after criminal conduct, you must prove that you are a victim of acts like stalking, harassment, or threats. Civil restraining orders are available in domestic violence, elder abuse, civil harassment, and workplace violence cases.
Prepare the Petition
You must file a petition with the court to request a restraining order. The petition describes the criminal behavior that has occurred and requests protection. You must provide the following details of the criminal conduct to strengthen your petition:
- Specific incidents
- Dates when the conduct occurred
- Police report on the incidents.
- Witness testimony
File the Petition With the Court
Submit the completed petition to your county Superior Court. You may need to pay a filing fee. However, you can seek a waiver for the cost if you cannot afford to pay it. In cases where you require urgent protection, you can request a temporary restraining order.
Serve the Respondent.
After the issuance of the temporary restraining order, the respondent is formally notified. A neutral person must serve the civil restraining order. The person who serves the restraining order must be over eighteen years old and not involved in the case. In most cases, a professional process server or a law enforcement officer will deliver the order.
Court Hearing
The court schedules a hearing within 21 days of the TRO. At the hearing, you and the respondent will have the opportunity to present evidence. The judge will then decide whether a permanent restraining order is necessary.
A permanent restraining order can last up to five years or longer, depending on the circumstances.
Conditions of a Civil Restraining Order for Criminal Behavior
The court can impose the following conditions for a civil harassment restraining order:
- No contact. The court may order the restrained individual to avoid contacting the petitioner. In this case, contact includes phone calls, emails, social media, or in-person communication.
- Stay-away orders. The court can set a specific distance for the respondent to stay away from the protected person.
- Property protection. The order may require the respondent to stay away from or not damage the petitioner’s personal property. The protection applies to the petitioner's home, car, or belongings.
- Firearm restrictions. If the restrained individual threatens the petitioner's or others' safety, the court can order them to surrender their firearms. If you are subject to a civil restraining order, you cannot use or purchase other guns.
Rights of Respondents in a Civil Restraining Order Case
The respondent is a person against whom a civil restraining order is issued. The court can grant the order while criminal proceedings continue or before the justice process begins. The rights of the respondent during the civil restraining order process include:
- Right to notice. A respondent has the right to be notified of the restraining order request. The respondent must receive a legal notice indicating the allegations, the hearing date, and the nature of the order.
- Right to legal representation. Facing a restraining order after alleged criminal conduct can add to the stress of potential criminal charges. Fortunately, a respondent will have a right to legal representation as they contest the order.
- Right to a hearing. The respondent has the right to a hearing before the court issues a permanent restraining order. At this hearing, the respondent can contest the necessity of the order.
- Right to appeal. If the court issues a civil restraining order against you, you can appeal the decision in a higher court.
Role of a Civil Restraining Order in Criminal Cases
Civil restraining orders can protect individuals from harassment, threats, or potential harm. These orders play a significant role in criminal cases by preventing further criminal conduct. The roles of civil restraining orders in a criminal case include:
Victim Protection and Safety
The primary purpose of a civil restraining order is to protect the victim from harm. In cases involving domestic violence, stalking, or harassment, these orders prevent further contact with the respondent.
The civil restraining orders impose restrictions on the respondent’s movements. They involve staying far from the victim or their home, workplace, or school.
Preventing Escalation of Criminal Behavior
Civil restraining orders can prevent a situation from escalating. For example, a restraining order can deter further harmful behavior if a respondent is suspected of a criminal act. In domestic violence or stalking cases, the order warns the respondent that their actions have legal consequences.
Supporting Criminal Investigations
When the court issues a civil restraining order after criminal activity, it can provide valuable evidence in the criminal case. If the respondent violates the terms of the order, it can serve as an additional charge in the criminal prosecution. The violation may provide law enforcement with further justification to pursue criminal charges.
Encouraging Compliance with Legal Processes
Respondents may attempt to intimidate or coerce victims into not cooperating with law enforcement. A victim of criminal activity can petition for a civil restraining order while the case continues. A restraining order ensures that the victim has legal protection.
Additionally, it encourages them to participate in the criminal process without fear of retaliation.
Providing Psychological Relief to Victims
Besides physical protection, a civil restraining order offers psychological comfort to victims. Knowing that there is protection from harassment can reduce the psychological burden on the victim. The sense of security can help them feel empowered to take steps toward recovery.
Deterring Future Violations
The imposition of a civil restraining order can have a deterrent effect on the respondent . The threat of legal consequences for violating the order may discourage further criminal conduct. The order reinforces the message that continued criminal conduct may result in more serious charges and penalties.
Consequences of Violating a Civil Restraining Order in California
Courts issue a civil restraining order in domestic violence, harassment, or stalking cases. If another person obtains a restraining order against you, you must follow all the order conditions. A violation of the restraining order is a serious offense, and it involves acts like:
- Contact the protected person. After receiving the civil restraining order, you must not contact the protected person by phone, text, or email.
- Breaching proximity conditions. The civil restraining order may prohibit you from being within a certain distance of the protected person, their home, workplace, or school.
- Continued harassment. A civil restraining order prohibits continued harassment. You could face charges for a restraining order violation if you continue the violence or harassment patterns.
If you violate the restraining order, the protected person can report you to law enforcement. If the law enforcement officers find enough evidence to support the allegation, they can arrest you. Sometimes, a police officer can arrest you without a warrant if they witness the violation. The consequences of a civil restraining order violation include:
Criminal Penalties
Most violations of a civil restraining order in California attract misdemeanor criminal charges. A conviction for the offense is punishable by
- Up to one year in county jail.
- A fine of up to $1,000.
The prosecution may file felony charges against you if you cause severe harm to the protected person. A felony conviction for violating a civil restraining order will result in more severe penalties.
Charges for Contempt of Court
A violation of the restraining order is viewed as contempt of court. Therefore, if you violate the violation, the prosecution can file charges under Penal Code 166. Under these circumstances, you could face penalties, including fines or jail time. The court may also impose further restrictions or actions to enforce the order.
Additional Civil Consequences
If you are the subject of a CRO, the court may order you to pay damages to the victim of your criminal conduct. The damages include compensation for emotional distress and medical expenses.
Find a Skilled Restraining Order Attorney Near Me
Civil restraining orders for criminal conduct are vital in protecting individuals from harm. The court designs these orders to prevent further violence, harassment, or criminal behavior. Additionally, the civil restraining order provides an essential legal recourse for victims of criminal conduct. Civil restraining orders differ from criminal restraining orders initiated by the state in response to a crime.
Obtaining a civil restraining order involves filing a petition with the court. The court can issue a temporary restraining order if the petitioner's allegations are substantial. Before the TRO expires, you must attend a hearing where the judge can issue or deny a permanent order. Understanding the purpose and process of obtaining a civil restraining order is critical.
At Goldman Flores Restraining Order Law Firm, we offer expert legal insight for our clients seeking or battling a civil restraining order in California. Call us at 213-341-4087 today for much-needed guidance.
