When someone’s words or actions become threatening or harassing, California allows you to seek a restraining order against them. A restraining order is a legally enforceable document prohibiting the subject from doing certain things to you for a specific period of time. Violating a restraining order is a crime.
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 restraining orders available, how to get one, and what to do if the subject violates it.
Choosing the Right Type of Restraining Order
The right restraining order for your situation depends on your relationship to the person you’re seeking protection from. Every restraining order in California acts to prohibit a specific person from engaging in certain behaviors directed at the protected party. However, there are various types of restraining orders you can pursue.
Domestic Violence
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. Such an order might be appropriate in a contested divorce if your spouse is harassing or threatening you. It can also be implemented as part of your divorce terms.
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
You might seek a civil harassment restraining order if the person harassing you isn’t an intimate partner or close family member, such as a friend, acquaintance, or stranger.
Elder Abuse
Elder abuse restraining orders are designed to protect those 65 and older from abuse, neglect, or exploitation at the hands of another person, such as a caretaker or predatory family member.
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
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.
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
Obtaining long-term protection in the form of a harassment order requires you to complete certain steps. 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.
File Your Petition with the Court
Complete the appropriate forms to request a restraining order. There are at least five forms you must fill out and return to your local superior court. You may also have to pay a filing fee, although this can be waived if you’re the victim of violence or can’t afford the cost.
Your case will go before a judge, who will review your request and consider whether the information you provided justifies a restraining order. If so, 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 hearing where 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. 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.
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.
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
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.
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.
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. Contact us today to get started.
