Under California law, a restraining order is a court order that protects you from physical abuse, harassment, threats, and sexual abuse. The court issues a restraining order when you present evidence that you are at risk of these forms of abuse.

Depending on the nature of abuse and threats you face, the court can issue different types of restraining orders. They include domestic violence, civil harassment, elder abuse, and workplace violence restraining orders. Restraining orders last for up to five years.  Before the court issues you with a permanent restraining order, you may receive an emergency or temporary one.

This helps protect you while you pursue the permanent order. A restraining order can mean no contact and sometimes residence restriction. If another person files a restraining order against you, the court will notify you. This allows you to battle against the order. If you are seeking a restraining order or battling against one in Los Angeles, CA, you will benefit from the expert legal insight we offer at Goldman Flores.

What is a Restraining Order?

A restraining order is a court order that forbids a person from harassing, stalking, abusing, and threatening you. If you seek a restraining order, you become the protected person, while the abuser is the restrained person. A restraining or protective order will have the following terms:

  • Personal conduct. A restraining order stops the abuser or restrained person from making contact with the protected person. This could include phone calls, physical contact, assault, and destruction of personal property.
  • Stay-away orders. The stay-away order keeps an abuser a certain distance away from the victim, their family, and children.
  • Residence exclusion. Another term for a restraining order is a requirement to move out of a shared residence with the protected person. This occurs in instances of domestic violence.

Types of Restraining Orders

There are four main types of restraining orders that you could explore depending on the circumstances. They Include:

Domestic Violence Restraining Order (DVRO)

A DVRO is a court order that protects the victims of domestic violence. Domestic violence is a serious issue affecting many Americans. Victims of domestic abuse face physical, psychological, and mental harm. People experience this type of abuse in marriages, domestic partnerships, and dating relationships.

You do not need to prove that you have suffered physical harm to obtain a domestic violence restraining order. Instead, you must prove that:

  • You or your child suffered abuse or threats.
  • The alleged abuser is an intimate partner or a relative.

The court issues domestic violence restraining orders when a person faces charges for a domestic violence crime. These offenses could include child abuse, spousal battery, and corporal injury to a spouse.

You can receive an emergency protective order if you are in immediate danger. This order will offer you protection for up to seven days. You could receive this order from a law enforcement officer who shows up at a domestic violence incident.

Before the emergency restraining order expires, you can secure a temporary restraining order. The TRO protects you while you gather evidence to prove to the court that you need a powerman domestic violence restraining order. Your permanent DVRO can last for up to five years. The court issues the permanent order after holding a hearing and determining that you have suffered abuse and you need further protection.

A domestic violence restraining order prevents the restrained person from:

  • Inflicting injury or abuse on you
  • Making personal contact or initiating electronic communication
  • Stalking you

If you are married to a restrained person or have children together, you must still pay child and spousal support. The restrained person must also surrender their firearms to law enforcement officers and sometimes move out of the shared residence.

When credible threats against you exist, and the court determines that your children and family are at risk, the DVRO can extend to protect them.

Civil Harassment Restraining Order

You can seek a civil harassment restraining order if you are a victim of harassment, abuse, and threats from a person with whom you do not have an intimate relationship. California law defines harassment and unlawful violence, credible threats of violence, and conduct that annoys another person.

  • With the CHRO, the court orders the restrained person to avoid all contact with the protected person.
  • Avoid visiting or going close to the protected party's residence or place of work.
  • Avoid contact with the children and family of the protected person.

You must follow these steps to obtain a civil harassment restraining order:

  • Complete the necessary documents. When you seek a CHRO, you must fill out forms with the name, address, and physical description of the person you seek protection against. Additionally, you can include information on stalking, threats, or abuse by the person.
  • File your petition for the restraining order. When your forms are complete, you can submit them to the court clerk. Additionally, you must cover the costs of delivering the restraining order to the restrained person. You can file a restraining order in person or with the guidance of a restraining order attorney.
  • Service on the alleged abuser. After reviewing your request for a CHRO, the court will notify you of the alleged abuse of your request. After receiving the notice of a potential restraining order, the alleged abuser must respond. This allows them to notify the court of their intention to fight against the order.
  • Attend the hearing. The court may grant you a temporary restraining order for immediate protection. Before issuing a permanent restraining order, you will attend a hearing where you can prove the abuse, threats, and harassment.

Elder Abuse Restraining Order

California Penal Code 368 criminalizes the physical, emotional, and financial abuse of elders. Under this statute, an elder is an individual over sixty-five years old. If there is an incident of elder abuse, the court can issue an elder abuse or dependent person abuse restraining order. Filing for this order helps to protect an elder from abuse by a caregiver or family member.

An elder abuse restraining order could have the following orders:

  • No contact with the alleged victim
  • Stay a distance from the victim
  • Move-out orders if the abuser lives with the elder
  • Mandatory counseling and anger management classes
  • Denial of the right to purchase, possess, or use a firearm

Elders can request a protective order for themselves. If the elder cannot go through the legal processes needed to obtain the restraining order, you can do it for them. When a restrained person violates an elder abuse restraining order, they can face charges for violating the restraining order. Additionally, the prosecution can file charges for elder abuse.

Workplace Violence Restraining Order

An employer obtains a workplace violence restraining order to protect an employee from abuse at work. The workplace violence restraining order requires the restrained person to keep a distance from the protected individual.

Workplace harassment restraining orders last up to three years. If you are a victim of harassment and violence at work, your employer can obtain the order for you.

When applying for a workplace violence restraining order, an employer must describe the reasons for seeking the order. A judge can order a temporary restraining order if there is an immediate threat. This protects you from abuse and harassment for up to 21 days. During this time, the court can schedule a hearing.

When an alleged abuser receives notice of the restraining order, they can contest it. This is by using evidence to justify their actions and words. If the judge decides that there are credible threats, the court will issue the permanent order.

California law requires employers to have anti-harassment and violent measures in the workplace to curb violence. This is by maintaining effective prevention plans and the proper channels to report instances of harassment.

Evidence Needed to Obtain a Restraining Order

In California, restraining orders aim to protect the victims of different types of violence. Before the court issues a restraining order, the alleged victim must present evidence of violence or threats. Common evidence you can use for a restraining order includes:

Police Reports

When you report a violent incident by a domestic partner, at work, or by an outsider, you will want to report the incident to law enforcement officers. Police often write a report for such incidents. The police report can be crucial evidence for a restraining order. These reports contain information on the alleged abuse, according to the observations of the officers.

Photographs and Videos

A photograph or a video is difficult to dispute. If you are a victim of violence, you must take photos of the injuries caused by the person you wish to seek a restraining order against. You can present video or photographic evidence of the incident in court if the violence involves property damage.

Written Documentation

When seeking a restraining order, you can present written documentation to prove your eligibility for the protection offered by a restraining order. If you keep a journal of your life experiences, you can use it as evidence that you suffered continuous abuse from another person.

Medical Records

If you sought medical care after abuse by a domestic partner or another person, you can use the medical report as evidence of your case. The medical report can give further details of the injuries and the timeline. This helps support your account of events when seeking a restraining order.

Witness Statements

Having someone to support your account of events is an excellent addition to the evidence you present when seeing restraining orders in California. A witness for your restraining order can be a person who witnessed the abuse or someone you have talked to about your issues.

Impact of a Restraining Order on the Restrained Person

When the court issues a restraining order against you, the restraining order will enter into your criminal record. However, the extent to which the order can impact your life will vary depending on the type of order and whether you follow the restraining order conditions.

The potential consequences of a restraining order on your record include:

Loss of Your Rights

If you face allegations of domestic violence or other forms of violence, the court may take away your firearm rights. This means the court will prohibit you from possessing, purchasing, and using firearms.

You could also lose visitation and custody due to a restraining order. California law is highly protective of minors in the state. Therefore, if you have a history of a restraining order on your record, the court may deny you custody and visitation rights for your children.

Requirement to Leave Your Home

The court orders no contact between the protected and restrained persons in domestic violence cases. Therefore, if the court serves you with a DVRO, you may need to leave your residence or limit your access to shared properties.

Difficulty Obtaining Employment

Most employers do a background check on employees before offering them a job. A restraining order on your record could cause the potential employer to question your ability to maintain a safe working environment for other employees. The employer can use this to discriminate against you and deny you the job opportunity.

Difficulty in Finding Proper Housing

A restraining order on your record raises eyebrows for potential landlords. For fear of putting other tenants at risk, the landlord may not allow you to rent or lease their property.

Violation of a Restraining Order in California

California Penal Code 273.6 makes it a crime to violate a restraining order. If you face an arrest and charges under this statute, the prosecution must prove these elements to secure a conviction against you:

  • A court issued a written restraining order against you. The prosecution must prove that the court issued a valid order. Additionally, the prosecutor must show that the order aimed to protect another person from danger.
  • You knew of the order. When the court issues a restraining order against you, you will receive a notification of the order. This allows you to respond accordingly and dispute it when necessary. Therefore, the court must prove that you knew of the order's existence.
  • You could follow the order. The prosecution must also establish that you could follow the order to prove your liability under PC 273.6. This means you can comply with the conditions set for the restraining order.
  • You willfully violated the order. The last factor that the prosecution must emphasize is that you violated one or more restraining order conditions. It must be clear that the violation was willful.

A violation of a restraining order is a misdemeanor. A conviction for the offense is punishable by a year in jail and a $1000 fine. If you are a repeat offender, you could face a lengthy jail sentence.

  • When you face charges for the violation of a restraining order, you could present the following defenses:
  • You didn't know of the restraining order's existence.
  • You did not violate the restraining order.

Fighting a Restraining Order

A restraining order comes with many restrictions. These could include an order to move from a shared residence, restrictions on frequenting some areas, and denial of child custody and visitation. The court will notify you If a person requests a restraining order against you. This is done before they issue a permanent order.

If you disagree with the contents of the restraining order request, you can fight it in court. You can do this by presenting evidence to show that you are not a threat to the protected person or did not abuse them. You can use the following defense strategies to contest a restraining order:

Claim False Allegations

When a person seeks a restraining order against you, they prove to the court that you abused them or made credible threats against their family. Sometimes, there is no evidence to back them up.

You can avoid a restraining order or have its terms modified by arguing that the allegations of abuse and violence made against you are invalid. With the guidance of your attorney, you can establish motives for exaggeration or fabrication by the person seeking the order.

Insufficient Evidence

A person seeking a restraining order must present sufficient evidence to support their allegations of abuse. You can argue that the evidence presented does not warrant a restraining order against you.

Present Counter Evidence

Presenting evidence to refute the accusations against you is another tactic you might use to oppose a restraining order. Your defense against the restraining order may heavily rely on the testimony of witnesses who witnessed the altercation.

Furthermore, you can offer concrete proof to refute the petitioner's story. Such evidence could include emails and messages showing the nature of your communications.

Claim Miscommunication and Misunderstandings

Sometimes, a person can misunderstand and misinterpret your actions and works. You can use his defense when a person seeks a restraining order against you based on threats. When you clarify your actions or words under the circumstances, you can invalidate the need for the restraining order.

Frequently Asked Questions on Restraining Orders in California

Facing harassment or violence at home or work is a nerve-wracking experience. While being a victim is devastating, facing accusations of harassment and having a restraining order against you can take a toll on your life. Most victims of violence and people accused of violence are unsure of the right way to proceed and protect their rights. Frequently asked questions on restraining orders include:

Can I include my family members in a restraining order?

Yes. Family members who live in your residence could receive protection from a restraining order you obtain against another person. This is often the case when you are a victim of domestic violence, and the court grants you a DVRO. The judge will determine whether family members who do not live in your home are eligible for coverage by your restraining order.

Can the court modify or terminate a restraining order?

Yes. You can keep a restraining order as long as needed, provided you take the necessary renewal measures. If the circumstances that led to the issuance of the order change, you can request the court to terminate or modify it. Under these circumstances, you will work with your restraining order attorney to request a termination or modification.

After receiving your request, a judge will review it and decide. If the restrained person violated a condition of the order, they could face legal consequences even after the termination.

What's the cost of a restraining order?

There is no filing fee for a restraining order. This is due to the nature and sensitivity of the situations that warrant a restraining order. This helps ensure that there are no delays in seeking the protection offered by restraining orders due to financial challenges.

However, when pursuing a restraining order, you will need a skilled attorney to help you collect evidence and present your request to the court, which comes with legal fees. Additionally, you will incur the cost of delivering the restraining order to the abuser.

Find Expert Legal Guidance Near Me

The court uses restraining orders as tools to protect victims of violence and harassment. Different types of restraining orders are available for varying situations. A domestic violence restraining order protects a victim of domestic abuse. Workplace violence restraining protects you from harassment at work.

If a person feels threatened by a non-relative or non-intimate partner, they can receive protection through a civil harassment restraining order. The court issues restraining orders after reviewing the evidence you present of violence and determining the credibility of the threats against you. If you face accusations of threats, harassment, or stalking, the court may issue a restraining order against you.

You can dispute the allegations and fight against the order in this case. The laws and legal procedures for obtaining and defending against restraining orders constantly evolve. Therefore, you must hire and retain a competent attorney to help you navigate the process. At Goldman Flores, we will offer the legal guidance and representation you need to pursue a restraining order or defend yourself against one. Contact us at 213-341-4087 from any location in Los Angeles, CA.