A restraining order is issued by the civil court, requiring one person not to harass or harm another person. Police officers enforce the restraining orders. A restraining order prohibits the alleged abuser from making physical contact or communicating with the protected person.
Depending on the type of abuse or harassment, the court can issue a domestic, civil harassment, or workplace violence restraining order. Many people who seek protection from restraining orders or are served with one may be unsure of the way forward to protect their rights.
Common questions may linger in your mind, including how different court orders differ. Another question that most people ask is what the restraining order will do and the process of obtaining one. If you are served with a restraining order or seek the protection offered by these orders, you must seek competent legal insight.
The following are some frequently asked questions about restraining orders in California:
What is a Restraining Order?
A restraining order is a court order you can request to protect yourself or another person from harassment, threats, and violence. In addition to protection, the restraining orders limit contact between the restrained persona and the protected person through terms like:
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Stay Away Orders
When a restraining order is issued, the restrained person is prohibited from contacting the protected person. Contact, in this case, could include physical contact and electronic communication. Additionally, the court could stipulate a distance within which the restrained person should not come close to the protected person.
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Residence Exclusions
If you seek a domestic violence restraining order against a spouse or cohabitant, the court could order the restrained person to move out of the shared residence.
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Personal Conduct Orders
The provision for personal conduct on the restraining orders prevents destructive behaviors and contact between the involved parties.
What Types of Restraining Orders are Available?
The court can issue four restraining order types to protect a person from harassment or violence. Each type of restraining order has a different approach and dictates certain conduct from the restrained person. The relationship between the protected person and the restrained person could significantly impact the type of order that the court will issue. The different types of restraining orders include:
Domestic Violence Restraining Order
Domestic violence is a serious offense that involves causing harm to a loved one. This could include an elder in our home, a cohabitant, a spouse, or your child. The court issues a domestic violence restraining order to protect the victims of domestic violence. With this type of restraining order, you can be protected from criminal threats, violence, or harassment.
Often, victims of domestic violence are individuals who suffer crimes like domestic battery, child abuse, and inflicting corporal injury on a spouse, among others. The court can issue an emergency protective order for immediate protection of the domestic violence victim while a hearing and evidence to warrant a permanent restraining order are being gathered.
The domestic violence restraining order prohibits all forms of contact between the restrained and protected person. Contact, in this case, could include physical interaction or electronic communication. Obtaining a domestic violence restraining order requires the victim to report the domestic violence incident to the police.
If the responding officers see the need for immediate protection, you can receive an emergency protective order. Before obtaining the permanent order, you must prove that another person abused or threatened you or your minor child. Additionally, it must be clear that the alleged abuser was a domestic partner or a close relative.
Civil Harassment Restraining Order (CHRO)
Under the California legal system, a civil harassment restraining order is issued to protect someone from harassment, threats, and violence from a person with whom they do not have a close relationship. You can seek this type of restraining order if your neighbor, friend, or roommate harasses or threatens you.
For this court order, harassment involves unlawful sexual violence, credible threats of violence, and conduct that annoys another person. Like in a domestic violence restraining order, the language in a civil harassment restraining order requires the restrained person to avoid physical contact and communication with the protected person.
If the threat of violence is grave, the court may also order that the restrained person surrender their firearms and avoid purchasing additional ones during the duration of the restraining order. A CHRO can offer protection for up to five years and could be subject to renewal if the threat still exists.
Before obtaining a CHRO, you must fill out some judicial council forms and attend a hearing where you will prove that you are a victim of harassment and threats. If a CHRO is issued against you, you must attend the hearing, where you can defend yourself against the order.
Workplace Violence Restraining Order
In California, an employer can request a restraining order to protect one or more employees from harassment, stalking, and violence. Often, these types of orders are necessary when abuse in the form of threats or actual violence arises at the workplace. An employer is the only party allowed to seek this restraining order.
The provisions of the workplace violence restraining order require the restrained person to stay away from the protected person, both at work and outside of work. The workplace violence restraining order can protect independent contractors, part-time workers, full-time employees, and volunteers.
The employer must fill out several court forms when requesting a workplace violence restraining order. These forms will detail the exact nature of the alleged abuse that an employee has experienced. After receiving these forms, the judge determines whether there is a need for a temporary restraining order. A hearing is held within two to three weeks for a permanent restraining order to offer long-term protection.
Elder Abuse Restraining Order
An elder is an individual over sixty-five years old. In most cases, these individuals depend on others for daily care. The court can issue an elder abuse restraining order to prevent someone from abusing or neglecting an elder. Abuse, in this case, could be physical, emotional, or financial.
An elder abuse restraining order can prevent the abuser from neglecting the elder, causing them harm, or taking their money without consent. An elder can file a restraining order for personal protection, and others can file it for them.
Can I Obtain a Restraining Order for my Child?
Yes. If a minor is in danger of harm by a relative or another person, they can enjoy protection from a restraining order. The process of obtaining a restraining order for a minor involves gathering evidence of violence and harassment and presenting it to the court with a petition for protection.
The court can issue a restraining order for a minor if there is evidence to show an existing relationship between the minor and the alleged abuser.
What Evidence Do I Need for a Restraining Order in California?
The restraining order program is an essential tool in ensuring the safety of individuals who have suffered abuse and harassment from their close relatives, workmates, caregivers, or even strangers. Since the restraining order mandates no contact between an abuser and the protected person, the pattern of abuse can be stopped.
Regardless of the type of order, the person who seeks a restraining order has the burden to prove that they are suffering abuse or that their safety is at stake. Evidence you can use to support your case includes:
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A police Report
Most instances of abuse are reported to law enforcement officers. When the officers respond to such calls, they will write a report about the incident. This report can contain information about the alleged abuse and can be used to warrant a restraining order.
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Medical Records
Restraining orders can be obtained even when there is no physical violence. The judge issues restraining orders to protect the victims of verbal threats. However, if you suffered injuries from the abuse, seeking medical attention is essential. If your injuries are consistent with abuse, you will be in a better position to receive the restraining order.
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Written Documentation
If you have suffered a pattern of abuse and have documented the incidents in a diary, you can present the information to the court. This could give the judge a reason to issue a restraining order for your protection.
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Witness Statements
Having a witness testify to the account of events where you suffered abuse or threats could be critical in your journey to obtain a restraining order in California. Friends or family who notice injuries consistent with abuse on you can also testify in your restraining order hearing.
How Long Does It Take to Obtain a Restraining Order?
You will obtain a restraining order against another person by filing a request with the court. The court can issue an emergency restraining order if you are in immediate danger. This type of order offers immediate protection and lasts up to seven days. While you enjoy the protection of the emergency restraining order, you can seek a temporary restraining order, which prohibits contact between you and your abuser for up to twenty-five days.
The court will then hold a hearing where you and the restrained person must present evidence. If the judge sees the need for continued protection, they will issue a permanent restraining order, which offers protection for up to five years. Restraining orders are renewable. Therefore, if the threat of harm still exists after five years, you can petition the court to renew the order.
What is the Cost of Obtaining a Restraining Order?
Due to the severity of the incidents that warrant restraining orders, there is no filing fee for a restraining order in California. This helps ensure that all individuals can enjoy the protection the order offers. Additionally, a lack of filing fees prevents delays that could arise during the processing of payments.
However, obtaining a restraining order is a complex task. Therefore, you will need a competent restraining order attorney for legal guidance. This means that you will incur some legal fees for the success of the process. Sometimes, there are additional fees to deliver the restraining order. If you are of low income or a victim of severe domestic violence, the court may offer you a waiver for this fee.
What Happens at a Restraining Order Hearing in California?
When a request for a restraining order is filed, the judge will hold a hearing where the alleged abuser and the petitioner must attend. At the restraining order hearing, each party involved can give their account of events.
When the petitioner is done giving their account, the alleged abuser will be allowed to defend themselves against the order. The court will require evidence from both sides to support each account. In addition to giving a personal testimony, you can present a witness to support your account.
In most cases, the petitioner and their attorney will push for the restraining order to be imposed under the harshest conditions. On the other hand, the restrained person will work to prove to the court that the restraining order is unnecessary.
At the end of this hearing, the judge will determine whether there is a need for a restraining order and how long it should last. Whether you are seeking or fighting against a restraining order, you can increase your chances of winning a restraining order through the following steps:
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Organize Your Evidence Correctly
You must present sufficient evidence to the court to show a need for a restraining order or prove that the order is necessary. Organizing your evidence before the hearing is critical.
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Prepare For the Hearing
Preparation for a restraining order hearing involves determining how you will present evidence to avoid self-incrimination. Seeking legal guidance while you prepare for the hearing would significantly impact its outcome.
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Find third-party witnesses
Without witness testimony, a restraining order hearing will be based on the testimony of the alleged victim and abuser. However, having third-party witnesses could increase your credibility.
What should I do if a Restraining Order is Issued Against Me?
Being served with a restraining order can come as a surprise. Your first instinct may be to panic due to the fear of the uncertainty and outcome of the situation on your criminal record. You should take the following steps if you are served with the restraining order:
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Follow the Order
Even when unsure of what you did to warrant a restraining order, you should not contact the person who filed for the order. This is because no contact is a primary condition of the restraining orders. In addition to avoiding no contact, you must follow other conditions listed on the order.
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Contact an Attorney
When you are served with a restraining order, hiring and retaining a reliable restraining order attorney is critical. Your lawyer will help you understand more details of the order and represent you at the restraining order hearing.
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Gather Evidence and Prepare for the Hearing
The restraining order the sheriff’s department served you will include a date you must appear in court for the hearing. Therefore, you must start preparing for the restraining order hearing.
Can you Cancel a Restraining Order?
Yes. A restraining order is issued when the protected person is at risk of harm from the restraining person. If there is a change of circumstances, the restraining order can be withdrawn or modified. You will not be required to keep a restraining order that you no longer need. Therefore, if you or your family are no longer in danger, you can request the court withdraw it.
You will need attorney guidance when requesting modification or cancellation of the restraining order. The judge will review your request before deciding to modify or cancel the restraining order.
What Constitutes a Violation of a Restraining Order?
A restraining order comes with terms and conditions that the restrained person must follow while the order is valid. Under California law, violation of a restraining order is a crime charged under Penal Code 273.6. When you are cited for violating the restraining order, the prosecution can file a felony or misdemeanor charge, depending on the case circumstances and the type of condition you violated.
As a misdemeanor, violation of a restraining order is punishable by a year in county jail and up to $1,000 in fines. A felony conviction, on the other hand, could result in a three-year prison sentence and penalties that do not exceed $10,000.
Find a Competent Restraining Orders Attorney Near Me
In California, the court issues restraining orders to protect victims of harassment. This could range from domestic violence to civil harassment and workplace harassment. When filing for a restraining order, you must have firm evidence and testimony to prove the need for legal protection offered by these court orders.
If you are in immediate danger, the court may issue an emergency protective order to keep you safe while you attend a hearing for your permanent restraining order. If another person seeks a restraining order against you, you must attend a restraining order hearing where you can defend yourself. If the order is granted, you must follow all the conditions imposed by the order to avoid criminal charges for violation of a restraining order.
At Leah Legal, we offer expert legal guidance to individuals seeking a restraining order or fighting against one in Van Nuys, CA. Contact us at 818-484-1100 for much-needed legal insight.