When someone’s words or actions become threatening or harassing, restraining orders in California provide a legal means to seek protection. This guide is for anyone in California seeking information about restraining orders, whether you are seeking protection or responding to an order. Understanding your options and the process can help you protect yourself and your loved ones, ensure your rights are respected, and navigate what can be a stressful and confusing situation.
The process of obtaining a restraining order can feel overwhelming, especially if you’re trying to figure it out in the midst of a crisis. This article will provide helpful information about the types of available, how to get one, what to do if the subject violates it, and what steps to take if someone is seeking an order against you.
Choosing the Right Type of Restraining Order
Types of restraining orders in California include Domestic Violence Restraining Order (DVRO), Civil Harassment Restraining Order, Elder or Dependent Adult Abuse, Workplace Violence, and Gun Violence restraining orders. The right restraining order for your situation depends on your relationship to the person you’re seeking protection from.
Every restraining order in California is a court order that acts to prohibit a specific person from engaging in certain behaviors directed at the protected person. Most restraining orders include personal conduct orders, such as prohibitions against harassment, abuse, stalking, or firearm possession, to ensure the safety of the protected person. Personal conduct orders commonly restrict the restrained person from contacting, attacking, threatening, or disturbing the peace of the protected person.
The type of restraining order you pursue depends on the nature of your relationship with the other party. Domestic violence restraining orders require a close or intimate relationship, such as spouses, former spouses, romantic partners, cohabiting partners, or individuals with whom you share a significant personal connection. Civil harassment restraining orders apply when there is no close or intimate relationship, such as with neighbors, roommates, coworkers, or strangers, and are designed to prevent unwanted attention or harassment from non-intimate individuals. Elder or dependent adult abuse restraining orders protect vulnerable adults from harm, neglect, or exploitation by caregivers or others.
For more details, see our types of restraining orders guide.
Domestic Violence
A Domestic Violence Restraining Order is used in situations where someone has been a victim of domestic violence, including physical, emotional, or sexual abuse. A domestic violence restraining order protects you from a current or former intimate partner or close family member, such as a parent, child, or sibling. Abuse covered by these orders can be emotional, psychological, verbal, or physical abuse, and also includes interference with basic needs such as food, shelter, or healthcare. Such an order might be appropriate in a contested divorce if your spouse is harassing or threatening you, and working with an experienced Orange County divorce lawyer can help you integrate these protections into your overall case strategy. It can also be implemented as part of your divorce terms.
Domestic violence restraining orders can be issued in cases of child abuse and may include provisions for child custody if children are involved, such as supervised visitation to protect the children’s well-being. A domestic violence restraining order can be granted against someone who has abused the protected person or their children.
Gun Violence
A gun violence restraining order prohibits the subject from owning or purchasing a firearm if it’s believed that they’re a danger to themselves or others. Importantly, this order doesn’t limit the person’s contact with other people.
Civil Harassment
A Civil Harassment Restraining Order applies when the harassment or threats come from someone who is not a family member or intimate partner. You might seek a civil harassment restraining order if you need protection from someone with whom you do not have a close or intimate relationship, such as a neighbor, roommate, coworker, acquaintance, or stranger. Civil harassment restraining orders are specifically designed for situations where the parties are not related by blood, marriage, or a romantic relationship, distinguishing them from domestic violence restraining orders.
Elder Abuse
Elder or Dependent Adult Abuse Restraining Orders are for individuals aged 65 or older or dependent adults who are at risk of abuse, neglect, or exploitation. Elder or dependent adult abuse restraining orders are designed to protect vulnerable adults—including those 65 and older or dependent adults—from harm, neglect, or exploitation by caregivers, family members, or others.
Retail Crime
This type of restraining order can be sought by a store’s owner against someone who has been arrested or cited at least two times for stealing, vandalizing, or assaulting others on the premises.
School Violence
A school official or administrator can seek a school violence restraining order on behalf of a student or faculty member who has been threatened while on school property.
Workplace Violence
A Workplace Violence Restraining Order can be requested by an employer on behalf of an employee who has been a victim of violence or threats in the workplace. Similar to a school violence restraining order, an employer can pursue this type of order to protect one of their employees from another while the individual is at work. If an employee needs protection from a co-worker, specific legal actions or measures—such as a workplace violence restraining order—can be requested to address the threat posed by the co-worker.
Because only specific individuals can apply for certain restraining orders, it’s important to select the appropriate order for your situation.
For example, if you were being harassed at work by a customer, you could apply for a civil harassment restraining order. However, only your employer could apply for a workplace violence order.
What Happens if You Pick the Wrong Type of Order?
If you attempt to apply for an incorrect restraining order for your situation, the court won’t be able to make the necessary findings to grant it. Your request will be denied, and you’ll need to restart the process and select an appropriate order.
Overview of the Application Process
The legal process for obtaining a restraining order in California involves specific court issues and is governed by civil procedure, including the filing of court forms and participation in court hearings. To file a restraining order, you must complete court forms detailing the abuse or harassment and submit them to the superior court. There is no fee to file a restraining order in California. Obtaining long-term protection in the form of a court order, such as a harassment order, requires you to complete certain steps, and courts apply specific standards when deciding whether to grant or renew a permanent restraining order in Orange County. Once you start the process, it’s vital to follow through — if you stop partway through, you may not be granted the restraining order and the protection it offers.
Here are the main steps in the restraining order application process:
- Complete the appropriate forms to request a restraining order. The initial paperwork requires you to describe the situation and explain why it poses a danger.
- File your forms with the court clerk at your local superior court. There is no court fee to file for a domestic violence restraining order, and you do not have to have a lawyer. However, understanding when you need a divorce lawyer or other family law counsel can make the process less overwhelming. Self-help resources and court self-help centers are available to assist you with the process.
- A judge will review your request. If the information you provided justifies a restraining order, you’ll be granted a temporary restraining order.
- Serve the other party with the restraining order. The individual who is subject to the temporary restraining order will be served with a copy of the order and other court papers. A sheriff or marshal can do this, or you can ask a competent adult over the age of 18 to help you complete this step. The paperwork will tell the other party about how they can contest the order.
- Appear in court. You’ll have at least one more court appearance after receiving your temporary restraining order, including a court hearing scheduled on a specific court date. At this hearing, both sides can present evidence to the judge regarding the need for a permanent restraining order. The court will consider your testimony and that of any witnesses you bring. The other party will also have a chance to testify and present evidence if they don’t believe a restraining order should be granted.
- Obtain a long-term restraining order. If the court finds that a preponderance of the evidence favors your request, it will approve a long-term restraining order. In some situations, you may seek to extend or convert that order into a permanent restraining order in California. After a temporary restraining order is granted, the court will schedule a permanent restraining order hearing, where you may dispute the requested permanent orders in writing. You will have to appear in court to dispute the permanent restraining order at this hearing. You can hire a criminal defense attorney to challenge the order at the hearing, but you do not have to have a lawyer—if you want one, you will need to hire one yourself and may wish to schedule a free family law consultation to discuss your options. If the judge agrees and imposes a permanent restraining order, you may still be able to appeal it to a higher court. At this point, you must submit one more form to the court, and you’ll receive a copy with the judge’s signature. Keep a copy of this signed form in a safe location.
As you move through these steps, it is crucial to understand what evidence you will need to support your case. The next section explains the types of proof and documentation that can help you obtain a restraining order.
Proof and Evidence Needed for a Restraining Order
When you are seeking a restraining order in California, providing clear and convincing proof is essential to demonstrate that you are facing a credible threat or immediate danger. Our family law blog regularly discusses how courts evaluate this kind of evidence in real-world cases. The court relies on solid evidence to determine whether to grant a temporary restraining order or a permanent restraining order, and the requirements can vary depending on the type of restraining order you are requesting—whether it’s a domestic violence restraining order, civil harassment restraining order, or workplace violence restraining order.
Below are the main types of evidence you should gather to support your case:
Police Reports
Police reports: Documentation of incidents of domestic violence, elder abuse, dependent adult abuse, or workplace violence can be powerful evidence for your case.
Medical Records
Medical records: Medical records or photographs that show physical injuries or harm resulting from abuse or violence help establish the seriousness of the situation.
Witness Statements
Witness statements: Statements from family members, friends, coworkers, or others who have observed the abuse, harassment, or threats can corroborate your claims.
Records of Communications
Records of communications: Threatening or harassing phone calls, text messages, emails, or social media messages from the restrained person can be submitted as evidence.
Evidence of Property Damage
Evidence of property damage: Photographs or documentation of property damage or other physical harm caused by the restrained person can further support your request.
Gathering and presenting this evidence is a critical part of the restraining order process and can significantly impact the outcome of your case.
What Happens When a Restraining Order Is Violated?
Restraining orders can be powerful deterrents against those who seek to threaten, harass, or commit violent acts. However, their protections are only as strong as the seeker’s willingness to enforce them.
Legal Consequences
Violating a protective order in California carries serious legal consequences. A violation of a protective order is a crime per California Penal Code section 273.6 PC. Legal consequences for violating a restraining order can include criminal charges, fines, and up to one year in county jail. The offense is typically punishable by up to one year in county jail, a fine of up to $1,000, or both. If there are multiple violations that include physical injury to a protected party, the case can be prosecuted under California’s ‘Three Strikes’ system, which can result in much harsher penalties. Courts can also order additional payments under CPC §273.6, such as compensation for expenses incurred by the victim of the violation. Violating the terms of a restraining order can lead to additional criminal charges, including prohibitions on firearm possession. While a violation of Penal Code 273.6 is a misdemeanor in most cases, it can be charged as a felony under certain circumstances.
Reporting Violations
If you have either a temporary or long-term restraining order, make it a point to do the following:
- Review the order and familiarize yourself with the behaviors and actions you’re shielded from.
- Tell trusted family, friends, and coworkers about the order (as appropriate).
- Keep a copy of your restraining order easily accessible to present to the police if needed.
- Start a journal of violations and report each violation to law enforcement as it happens.
Your Role in Enforcement
In California, violating a restraining order is a crime punishable by up to one year in jail. However, prosecutors can’t obtain a conviction or impose any sentence without your cooperation. It’s crucial to remain available after reporting a violation, as there may be court hearings where your testimony is necessary to enforce the order.
If Someone Is Seeking a Restraining Order Against You
If someone has filed court papers to ask for a restraining order against you, carefully read over the papers you were given. It is important to understand the allegations and the type of restraining order being requested. If a temporary restraining order has been granted against you, you may dispute the requested permanent orders in writing. You will also have the opportunity to appear in court to contest the permanent restraining order. Consider consulting with an attorney to help you prepare your response and represent your interests during the hearing.
How an Attorney Can Help You File or Manage a Restraining Order
Restraining orders can offer meaningful legal protection, particularly during a contentious divorce or breakup, when you may also need to protect your money during a divorce.
The compassionate family law attorneys at Pinkham & Associates can help you obtain one swiftly and properly, ensuring that you get the protection and peace of mind you deserve. Learn more about Pinkham & Associates, APLC and founder Douglas Pinkham. Contact us today to get started.
