How to Get a Restraining Order in California
Dealing with a divorce or separation is complicated enough, but add domestic violence, threats or stalking into the mix and it is even more intense and stressful. If you are in a situation where you need to make someone stay away from you, you can seek a protective order. However, if you are in immediate danger, you need to call 911.
For someone to get a restraining order in California, the petitioner has to have a relationship (that falls into certain categories) with the respondent, including spouses and parties who have a child together.
Domestic violence is a common reason that people turn to the courts. According to the National Coalition Against Domestic Violence, on average, nearly 20 people per minute are victims of physical violence by an intimate partner in the United States. During one year, this equates to more than 10 million women and men.
According to the courts in California, the domestic violence laws say “abuse” includes the following behavior:
- Physically hurting or trying to hurt someone, intentionally or recklessly
- Sexual assault
- Making someone reasonably afraid that they or someone else are about to be seriously hurt
- Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
Types of Protective Orders in California
Emergency Protective Orders (EPO)
If an officer of the law believes that the person requiring protection is in immediate danger he or she can request an EPO. Only a law enforcement officer can ask for this, and judges will issue EPOs 24 hours a day.
As stipulated by Family code section 6251, some of the reasons an EPO may be issued include a present danger of:
- Domestic violence
- Abuse or abduction of a child
- Danger to an elderly person/dependent adult
If an EPO is issued, it takes effect right away and is enforceable for a week. If the person you are seeking protection from lives in your home, the judge can make him or her leave the house for the duration of the EPO.
Temporary Restraining Orders (TRO)
This emergency ruling can protect you while you’re in the process of applying for a TRO, which is effective for 20 to 25 days.
If the judge believes that you are in immediate danger, he or she can issue a TRO to protect you.
Permanent Restraining Orders (PRO)
A court hearing will be set for the judge to decide whether to issue a permanent restraining order. A PRO can be issued for up to five years.
No matter what type of protection you have, call the law enforcement immediately if the defendant does not follow the judge’s ruling. The defendant could be charged with a misdemeanor, a felony or contempt of court.
No matter why you are reading this, know first that we are here to help. We can provide guidance on the right restraining order in California to make a person stop harassing, threatening, or even contacting or approaching you. Contact us today.
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