A restraining order is a temporary legal order that prevents an abuser from approaching or contacting their victim. Usually, the person requesting this order has experienced harassment or feels threatened by someone. In California, a restraining order can protect against issues like:

• Harassment
• Stalking
• Physical abuse
• Threats of violence

Additionally, a protective order may include provisions for:

• Stay-away orders that keep your abuser at a specific distance from you, your children, your job, your home, or other identified places
• Residence exclusion orders that mandate your abuser to leave your residence
• Personal conduct orders that stop your abuser from:

• Making calls
• Harassing
• Threatening
• Damaging your property, or
• Assaulting you

In California, you can obtain a restraining order through the court or seek help from a lawyer. You must explain why you want it and what kind of protection you need on the forms. The judge will review your request once you submit the forms to the clerk. The judge will assess whether a Temporary Restraining Order (TRO) is necessary. After that, a hearing will determine if the order should be permanent.

As a victim of abuse, you can apply for a restraining order to prevent the abuser from contacting you. If you cannot apply for it, a lawyer can do it. You should hire a lawyer since they understand the legal process in Los Angeles.

The steps to request a protective order can differ depending on the situation, but generally, the process includes:

Find the Proper Order

The first step to obtaining a restraining order is for someone to officially request it by turning in a set of court forms at the local Superior Court, either in person or through the Internet.

You should find the right type of restraining order for your case by considering your relationship with the abuser and the kind of threat or abuse involved.

Gather Evidence

Collect all the evidence you can for your case. This evidence may include:

1. Police reports
2. Medical records
3. Statements from witnesses
4. Photos of injuries or property damage
5. Any threatening letters or emails

Fill Out the Appropriate Forms

Download and complete the required forms from the California court system’s website or visit your local courthouse. Take time to read up on the specific details regarding restraining orders. For instance, Form WV-100-INFO discusses workplace violence and ways to prevent it through a court ruling.

There are additional forms to consider, such as the following:

• Confidential CLETS Information (Form CLETS-001) is part of a statewide database that notifies law enforcement about your request. This form is confidential, so you do not need to file it.
• A Temporary Restraining Order (Form WV-110) may be necessary to safeguard the victim until a hearing occurs. The judge can issue a TRO with or without informing the other party.
• Notice of Court Hearing (Form WV-109) provides the date and time for the arraignment to the relevant parties.
• Form MC-020 is useful when the case details are complex and require more space to explain the need for a restraining order.
• A Civil Case Cover Sheet (Form CM-010) is necessary if you seek an order against someone other than a close family member.
• Use the Declaration (Form MC-030) or the Attached Declaration (Form MC-031) when witness statements are available. For example, neighbors can provide official accounts of what happened if a domestic violence incident occurred on your property.

File the Documents

Submit the forms to the court clerk. You may need to pay filing fees, but you can request a fee waiver from the court if you can’t afford them.

Request a Temporary Restraining Order

Based on the evidence presented, a judge can quickly approve a temporary restraining order. In cases that are not as urgent, issuing a temporary order might take a few days. The judge can deny the restraining order request if the evidence is insufficient. This temporary order lasts for about three weeks, which is the time until the hearing. If the court postpones the hearing, you should contact the court to ensure they extend the temporary order until the hearing occurs.

Serve the Defendant

You only need to complete this step if you have a temporary order. If not, you must wait for the court to provide one. You cannot serve the court documents to the other party alone. You can:

• Request a police officer
• Ask a friend, family member, or any adult
• Hire a process server for legal documents.

Attend your Court Hearing

Each side will present their arguments to the judge. Ensure you bring all your proof and any witnesses to support your statements.

Obtain the Judge’s Ruling

If a judge approves it, a permanent restraining order can last from one to five years, depending on the type of order and the situation. Legal advice and representation are often key to successfully navigating this process.

Generally, a crime victim files for a restraining order to keep safe from ongoing threats or risks. The prosecuting attorney can file on their behalf if the victim is hospitalized because of an attack or is too scared to seek the order on their own. A restraining order lawyer can guide clients in obtaining restraining orders from the necessary courts, even though they are unfamiliar with the filing process.

You must report any threats or violent abuse to hold the abuser accountable. They may have harmed others before and will continue until they find a new victim. To end this cycle of abuse, contact the authorities and provide them with official statements and any evidence you have.

People, businesses, or organizations may request a restraining order for various reasons. Although each situation is unique, the most frequent issues include physical assault, harassment, sexual assault or harassment, stalking, and domestic violence.

In cases of domestic abuse, the victim may pursue a restraining order to ensure their safety and that of their children. This restraining order could be against:

• Someone they have children with
• A former partner
• Registered domestic partner
• Close relatives, like aunties or a grandparent

These individuals can seek domestic violence protective orders for themselves, their children, and other members of the household.

The court can grant a protection order to stop anyone who inflicts harm through harassment, domestic violence, or other unacceptable actions. Victims may seek restraining orders against:

• Partners, whether current or past
• Members of the household, past or present
• Family members, near or far
• Other people or groups

Victims of crimes such as stalking should report their harassers, but you cannot obtain a protective order against someone whose identity is unknown. Many offenders choose to remain anonymous to intimidate their victims.

If you cannot obtain a California domestic violence restraining order, there are several options you can explore in court, including:

Civil Harassment Protective Order

This order is for coworkers, roommates, distant relatives, and neighbors. Civil harassment laws describe harassment as illegal violence or credible threats of violence. The violent act or threat must frighten or disturb the person it targets.

A genuine threat of abuse might include sending malicious texts to a former partner through letters, social media, phone texts, or other methods. Additionally, stalking someone at their home or dropping by unannounced can also present a reasonable threat.

Dependent or Elder Abuse Protective Order

This type of restraining order is common for some individuals who exploit older adults or those with certain disabilities, such as mental health issues. The wrongdoer might trick the older individual into signing checks or giving away their belongings. They may also withhold primary care, like:

• Food
• Bathing, or
• Mobility assistance

Abuse, whether sexual, verbal, or other forms, can severely impact the lives of these vulnerable individuals without anyone noticing. If family members do not receive proper care in nursing homes, you could take action by filing a restraining order for them.

Workplace Violence Protective Order

When someone thinks of harassment in the workplace, they may associate it with higher-ups requesting sexual favors from junior workers to maintain their positions or promotions. Although sexual harassment is widespread, even in large corporations, other issues could require a court order for protection.

Workplace bullying can lead to physical violence, such as punching or pushing someone or confining them in a restroom. Policies may prevent this, but bullies cannot follow the rules without strict enforcement. If you face harassment from a colleague or supervisor, you should file for a restraining order and inform human resources.

Collect as much evidence as possible to successfully apply for a restraining order. Any form of written or recorded proof of threats or abuse will help your case. Here are some examples of helpful evidence:

Active Criminal Case

Judges are more inclined to grant an order when there is a current criminal case, so including this information in your restraining order application is crucial. When a judge notices an active criminal case, they may believe that law enforcement or the district attorney has strong evidence that the crime occurred.

Images Showing Violence, Injuries, and Damage

These images can include pictures of the injuries caused by your abuser. Adding these photos alongside the description of the incident helps provide a clearer understanding for the judge.

911 Call Recordings

Instead of simply stating that you called 911 or another hotline, you can strengthen your statement by including these details:

• The hotline number you called
• The date and time (or an approximate date and time) of your call
• Who placed the call
• What you reported during the call
• Any details about the responder, like if their voice was male or female.

Medical Records

You may include documents about past medical emergencies or injuries caused by the abuser. These could be hospital visit records or printouts from your hospital website portal that detail your visits.

Police Reports

You may attach a copy of the police reports regarding the abuser for domestic violence.

Testimony

Any witness, such as a family member, neighbor, co-worker, or bystander, can give testimony. It is a written description of the events they observed, with as many details as they can remember.

To qualify for specific restraining orders, you must have proof of your relationship with the other person. In a workplace violence restraining order, your employer must show that both you and your abuser are employees there. For a domestic violence protective order, you need to present proof of your relationship.

Seeking restraining orders is challenging, but there are times when it is necessary to protect yourself from someone. This court order prevents your abuser from approaching you or your property. They must adhere to specific rules. If they fail, they risk arrest and legal charges under California law.

These rules might include:

• They cannot contact the victim in any way.
• Keep away from the victim’s business or property.
• Always stay a specific distance away from the alleged victim.

The length of a restraining order varies based on the details of the matter and the type of order issued. Here are the different types and their durations:

• Individuals can apply for Temporary Restraining Orders (TRO) by themselves or seek assistance from the police. They usually last five to seven days, but you can apply for an extension if the threat continues.
• Emergency Protective Orders (EPOs) – Only a police officer can request this, and they can contact a judge at any time. Authorities usually issue an EPO after a serious incident, such as domestic violence or a threat to your safety, like when a suspicious vehicle stalks you. It takes effect immediately and lasts 7 days until a lawyer files a temporary protective order.
• Criminal Protective Order (CPO) – If you face serious harassment or violence, you can press charges against the offender, which may result in court proceedings. The court can then issue a “stay-away” order to keep the abuser away from you until the case settles. If the court finds the abuser guilty, the protective order will remain in place for three additional years.

Permanent Restraining Order (PRO) – These protective orders are valid for 5 years, and the court can renew them if there is supporting evidence. Your attorney will gather and present the required proof in court to help extend the order.

Your abuser has the option to hire a criminal defense lawyer to contest the order during the permanent restraining order hearing.  These hearings typically occur approximately 21 days following the issuance of a temporary restraining order (TRO) by the court.

During the hearing, the defense attorney has the opportunity to contest the restraining order. They may present evidence, call witnesses, and attempt to persuade the judge to revoke the temporary restraining order.

If the judge chooses to convert the restraining order into a permanent one, the abuser retains the right to appeal the decision to a higher court.

In California, the law classifies violating a restraining order as a crime under Penal Code 273.6 PC. The essential elements are:

• The court issued a valid protective order.
• The abuser was aware of the order.
• The abuser had the means to comply with it.
• The abuser willfully violated the order.

Generally, authorities treat a violation of Penal Code 273.6 as a misdemeanor. The penalties might include:

• No more than a year in jail
• A fine of no more than $1,000.

However, the court can consider this offense a wobbler if:

• It is the defendant’s second violation of a protective order, and
• The violation involved acts of violence.

If charged as a felony, the penalties can include:

• No more than three years in prison and/or
• A fine of no more than $10,000.

Whether authorities treat the violation as a misdemeanor or felony depends on the situation and the person’s criminal record. The consequences are usually more severe if the violation harms the victim. Those with prior criminal records are more likely to receive jail time for such violations.

When a restraining order is in place, the individual cannot have a firearm. Knowingly possessing a gun while under a restraining order can result in criminal charges, even without other violations. A felony conviction for breaking a protective order results in the loss of gun ownership rights. In California, anyone convicted of a felony cannot own or possess a firearm.

A no-contact order prevents communication between the restrained and protected individuals. A restraining order is similar because it stops the restrained person from contacting or approaching the protected person. Still, it also requires the restrained person to avoid any abusive actions.

The two orders aim to keep people safe, but a no-contact order specifically focuses on preventing communication.

Filing an emergency protective order does not cost anything. The fee for a Temporary Restraining Order in California is typically $395 unless there were threats or violence, in which case it’s free. If you need to pay the fee but don’t have the money, you can request a fee waiver with the proper forms.

In California, a judge can turn down a restraining order if the applicant fails to prove they are in immediate danger or the claims are not believable.  There are various reasons for denial, including:

• Inconsistent statements
• Missing documents, or
• Not clearly explaining the legal reasons for the order

The judge’s decision depends on the evidence and their evaluation of the protection needed.

In California, a restraining order generally mandates that the restrained person remain at least 100 yards (300 feet) away from the protected individual. This distance covers their residence, job, school, and car. The exact distance can differ based on the case specifics and the judge’s decision, but the primary purpose is to ensure safety.

The time it takes to obtain a restraining order in California can change depending on the order type and the situation. In urgent cases, the court can issue the order in around 20 minutes to an hour. Usually, a person applies during office hours, and a judge evaluates the risk. The judge might issue a temporary restraining order immediately or within a day. If not, the court will require a full hearing to consider evidence from all parties involved.

Experiencing any type of abuse or harassment is tough for anyone involved, including children and adults. It can quickly lead to serious violence, which complicates the process of leaving and starting over. Goldman Flores recognizes the challenges of acknowledging abuse and seeking accountability from the abuser. If you face harassment in Los Angeles, contact us at 213-341-4087 to secure a restraining order immediately. We can assist if the court has served you or a loved one with a restraining court order or if you are accused of violating one.