If you feel unsafe due to another person's behavior or threats towards you, you can file a restraining order against them. Courts in California issue restraining orders for different situations. They include domestic abuse, civil harassment, emotional abuse, and sexual abuse.
The court can issue an emergency or temporary protection order when you face immediate danger. However, you can obtain a permanent restraining order. This order offers protection for up to five years. The main purpose of the permanent restraining order is to offer continued protection. After the five years have elapsed, you can renew it.
Obtaining a permanent restraining order is a complicated process. This is because you must present enough evidence showing the level of danger you face. Another person can seek a permanent restraining order against you. A restraining order can change your life drastically. This is because you will face restrictions, including residence, child custody, and places you can visit.
Under these circumstances, you can attend the restraining order hearing and defend against it. If you seek a restraining order or are battling one in Los Angeles, CA, you will require our legal expertise at Goldman Flores.
What is a Permanent Restraining Order?
A permanent restraining order is a court order. The court issues this order to protect a victim of domestic violence, harassment, and workplace abuse. The PRO restricts an abuser from contacting the protected person. Additionally, it prohibits continued abuse, stalking, and harassment.
You can obtain a permanent restraining order after filing and pursuing a petition with the court. With your petition, you can indicate why the court must ensure your continued protection with this order.
A restraining order remains in the police database. Therefore, a restrained person could face criminal charges for violating the order. Before obtaining a permanent restraining order, the court may issue you with the following orders for your protection:
Emergency Restraining Order
Victims of domestic violence can obtain emergency protective orders. You can receive the EPO from a law enforcement officer who responds to the domestic violence call. This order lasts for up to seven days. You can file a temporary restraining order within this time.
Temporary Restraining Order (TRO)
A TRO is a written instruction that the court issues to offer temporary protection for a victim of abuse. You can receive this order in instances of civil harassment, domestic violence, or elder abuse. The TRO regulates the restrained person’s behavior. The protection of the temporary restraining order lasts for up to twenty-one days. The court can extend this protection until you receive a permanent restraining order.
Types of Permanent Restraining Orders
The courts in California issue different permanent restraining orders. These orders vary depending on the nature of the relationship between the victim and the abuser. They include:
Domestic Violence Restraining Order
Domestic violence is a serious problem in California. Courts issue DVROs to protect the victims of domestic violence. The road to obtaining a permanent domestic violence restraining order starts when you seek an emergency protective order. The emergency protective order is issued by a law enforcement officer who attends to a domestic violence report.
You can seek a permanent DVRO if you are a victim of violence, harassment, or threats from:
- A domestic partner
- A person with whom you have a dating relationship
- The other parent of your minor child
- A close relative
Before the protection from an emergency restraining order expires, you must prove to the court the need for a permanent order. This is by showing that the threat of violence still exists.
Elder Abuse Restraining Order
Under California PC 368, it is unlawful to cause physical or mental harm to an elder. Additionally, the financial abuse of an elder is a criminal offense. The financial abuse of an elder involves the misappropriation of the elder’s finances by entrusted individuals.
Under this statute, an elder is a person over sixty-five years old. An elder abuse restraining order protects the elder from different forms of abuse. The court does not need evidence of physical abuse to issue an elder abuse restraining order.
An elder can petition the court for a permanent restraining order or have another person do it. When the court receives enough evidence showing that the elder is still at risk, it issues the order.
Workplace Violence Restraining Order
When an employee experiences a pattern of harassment or threats at the workplace, an employer can seek a restraining order for them. This court order keeps the harasser away from the victim and prohibits further acts of stalking and harassment.
Permanent workplace restraining orders are applicable in incidents where the abuser and the victim lack a personal relationship. Before issuing this order, the court will require evidence showing the employee faces threats or harassment.
If you face harassment or abuse at work, your employer must seek a workplace harassment restraining order for your protection. The permanent workplace violence restraining order ensures that the restrained person stays a distance away from the alleged victim and stops the harassment.
Civil Harassment Restraining order
You can obtain a civil harassment restraining order when you face abuse from a person with whom you do not have an intimate relationship. For example, the court can issue this order when you face harassment or threats from a neighbor.
When you report incidents where you face threats or harassment, the court can issue a TRO. This keeps the restrained person away from you as you gather more evidence to support the need for a permanent restraining order. The difference between a temporary and permanent restraining order is the duration of protection. Permanent restraining modders offer protection for a longer time.
Process of Obtaining a Permanent Restraining Order
To seek a permanent restraining order in California, you must fill out and submit relevant forms. You must explain to the court why you need protection in your application. If the court determines that you are at risk of immediate harm, the judge can issue you a temporary restraining order.
This order protects you for up to thirty days. During this time, the court may schedule a permanent restraining order hearing. Before this hearing, the alleged abuser will receive a notice of the petition from the court. After receiving the notice, the restrained person must respond to the court. This involves notifying the judge of their intentions to fight against the order.
You will only need a sworn statement when you seek an emergency or temporary restraining order. However, obtaining a permanent restraining order is more complicated. You must present the following evidence in your permanent restraining order hearing:
- Sworn statement. You must paint a picture of the abusive incidents that occurred between you and the person from whom you seek protection. The permanent restraining order protects you from future occurrences. Therefore, you must explain to the court your fear of future abuse.
- Witness Testimony. A witness can help confirm your account of events to the court. Witness testimony can strengthen your petition for an agreement restraining order.
- Photographs and documents. If you have suffered physical abuse, you can present a picture of the injuries you suffered. Additionally, you can present documented evidence of the harassment or abuse. They could include emails, text messages, and other forms of communication.
There is no jury in a restraining order hearing. Instead, the judge will issue or deny your petition for a permanent restraining order. This is after reviewing the evidence you or the attorney sent for the case. When pursuing a permanent restraining order, you will need the guidance of a reliable restraining order lawyer. Your attorney will help you convince the court of the need for continued protection.
Conditions of a Permanent Restraining Order in California
The court attaches the following conditions to a permanent restraining order:
Distance Restrictions
When the court issues a permanent restraining order for your protection, the restrained person must keep a distance from you.
Restriction Against Contacting the Protected Person
A common condition of a permanent restraining order for the restrained person is to avoid contact with the protected person. If you obtain a restraining order against another person, they must avoid physical and electronic contact.
The restrained person must also avoid responding to the protected person's contact attempts.
Avoid Further Abuse and Harassment
A permanent restraining order prohibits further abuse. This means that the restrained person can no longer engage in harassment, abuse, or stalking against you.
Residence restrictions
If you can prove that you are at risk of further domestic violence, the court can convert your TRO into a permanent restraining order. In cases where you live with the restrained person, the court may order them to move out of the shared residence.
Firearm Restrictions
A common condition for a permanent restraining order is the firearm restrictions for the restrained person. This means that they cannot legally purchase, possess, or use firearms throughout the restraining order.
Impact of Permanent Restraining Order on the Restrained Person
Obtaining a permanent restraining order is a great relief for a victim of harassment or abuse. The order keeps you at a safe distance from your abuser and prohibits further harassment, abuse, stalking, and threats. However, when the court serves you with a restraining order requested by another person against you, you could suffer blows to your personal and professional lives:
- Movement restrictions. Your movements are limited when the court issues a permanent restraining order against you. This is because you must maintain a particular distance from the alleged victim of your actions. If you share family and friends with the protected person, you could suffer isolation and social stigma.
- Firearm restrictions. A common condition of a permanent restraining order is a firearm ban. California law allows individuals over eighteen to possess and purchase a firearm. When there is a permanent restraining order against you, you must surrender your firearms to law enforcement officers. This could impact your life, especially when you need firearms for work or hobbies like hunting.
- Loss of child custody. California law is strict about protecting children, even from their parents or guardians. After the court has issued a permanent restraining order against you, the family court may modify custody and visitation orders to protect the children. Keeping you away from your children can affect your relationship with them.
- Ruined reputation. The court will issue a permanent restraining order when there is evidence of abuse or harassment. This could ruin your reputation and standing with society.
- Potential criminal charges. A permanent restraining order remains active for up to five years. You must follow through with all the court's conditions during this time. The lengthy time you must follow these conditions increases your chances of violating the order. A restraining order violation is a serious offense that attracts a jail sentence after a conviction.
Defending Against a Permanent Restraining Order
The court can issue a permanent restraining order for the long-term protection of a victim of violence and harassment. The judge issues these orders in different instances of abuse. They include physical abuse, harassment, stalking, sexual assault, and domestic violence. If you face allegations of harassment, stalking, or abuse, the victim can seek a restraining order against you.
You have the right to know when a person files a petition for a restraining order. The court will send you a notice of the pending restraining order. During this period, the court may issue an emergency or temporary restraining order to protect the victim.
When you receive notice of the restraining order, you can defend against the order. The steps you must take for a restraining order defense include:
- Hire a restraining order attorney. After receiving notice of a restraining order, the first step is to consult with a restraining order attorney. Your lawyer will guide you on how to respond to the notice.
- Gather evidence relevant to the restraining order petition. A petition for a restraining order alleges that you have abused, harassed, or stalked the alleged victim. When seeking a restraining order, the petitioner must present evidence to prove the instances of abuse. Therefore, you must also gather evidence to dispute these allegations.
- Make a list of witnesses. When building your defense against a restraining order, you may need witness testimony to strengthen the defense. You can do this by identifying individuals who can support your account of events and asking them to testify.
- Follow the conditions of the temporary order. While the court schedules a hearing for a permanent restraining order, you must follow through with the conditions of the temporary order.
- Attend the restraining order hearing. Attending the permanent restraining order hearing is not mandatory. However, failure to appear in court could result in the issuance of the order. With the guidance of your attorney, you can present some defenses to the cause and convince the court not to issue the order against you.
Frequently Asked Questions on Permanent Restraining Orders in California
The process of obtaining a restraining order against another person is complicated. Many individuals are unsure of how to protect their rights during these processes. The following are frequently asked questions on permanent restraining orders:
Does a permanent restraining order last a lifetime?
No. When the court issues a permanent restraining order, its validity is five years. This means that after five years, the protected person can seek a renewal. A renewal happens when the rest of the harm from the restrained person still exists.
Sometimes, the court can lift a permanent restraining order. Lifting this court order means that the restrained does not need to follow the conditions of the order. If the court issues the permanent restraining order against you, you can have it terminated. You can do this before the five-year period elapses.
You can do this by filing a motion to terminate the restraining order. With your motion, you must provide the following information:
- The date when the restrained order was enforced
- Reasons to terminate the order
A common reason to have the restraining order terminated is when you and the protected person want to contact each other. If you can prove that you followed through with all the order conditions and the protected person does not oppose it, the court can issue a termination.
What will a permanent restraining order not do?
A permanent restraining order will protect you from abuse, harassment, and stalking. The harassment could come from a spouse, family member, coworker, or others. The permanent restraining order can keep the restrained person far from you. However, the order will not divorce you from the abusive partner.
Therefore, you must file for divorce in family court to terminate the relationship. If a spouse has a restraining order against you, they may have the upper hand in divorce and child custody battles.
What happens when a person violates a permanent restraining order?
The judge imposes specific conditions when the court issues a permanent restraining order against you. In this case, you must follow the conditions throughout the order. Violation of the restraining order is a crime. Therefore, if you engage in acts prohibited by the order, you can face arrest and criminal charges.
A violation of a restraining order is a misdemeanor. The penalties for the offense will vary depending on the condition you violated. If you face charges for multiple violations of a restraining order, you will face a felony conviction and severe punishment.
What constitutes a violation of a permanent restraining order?
A restraining order can have devastating impacts on your life. This is because it limits your interactions and the places you can frequent. In cases of a permanent domestic violence restraining order. The court can keep you away from your home.
The permanent restraining order conditions may seem strict and harsh. However, you must comply with them to avoid criminal charges. The following are common instances of permanent restraining order violations:
- Going close to the protected person. Sometimes, the court will restrict the distance between you and the protected person. Breaching this distance by going close to the protected person will result in criminal charges.
- Contacting the alleged victim. When the court issues a permanent restraining order against you, the judge orders you to avoid contact with the protected person. This could include physical contact and electronic communication. Contacting the protected person is a violation of the court order.
- Failure to move out of the home. When a domestic partner or spouse obtains a permanent restraining order against you, the court may order you to move out of the shared home. The permanent restraining order lasts for up to five years. Remaining away for this period may prove challenging. However, failure to obey these conditions will result in an arrest and charges.
- Firearm possession. A common condition of the permanent restraining order is firearm restriction. Therefore, possession of a first with an active restraining order against you can land you in legal trouble.
Find a Competent Restraining Order Lawyer Near Me
A restraining order is a court order that offers protection for victims of domestic violence, elder abuse, and civil harassment. When you face immediate danger and abuse, the court can issue a temporary order for protection. However, you must pursue a permanent restraining order before this order expires. With the permanent restraining order, you will receive protection for a longer period.
The terms of a permanent restraining order include limited contact, prohibition against harassment, and sometimes residence exclusions. Filing for a permanent restraining order is a complicated process. You must gather sufficient evidence to prove to the court that you have suffered abuse. If you face charges of domestic violence or harassment, the victim can seek a restraining order against you. Under these circumstances, you can defend yourself in court to avoid the adverse consequences of the order.
Hiring and retaining a knowledgeable attorney can significantly ease the burden. Your lawyer will help you collect the relevant evidence and represent you in court. At Goldman Flores, we offer expert legal insight for our clients seeking or battling a restraining order in Los Angeles, CA. Contact us at 213-341-4087 to discuss your case.
