What Are Restraining Orders?
In California, restraining orders are legal orders to protect individuals from harm or harassment, with the most common types being Domestic Violence Restraining Orders (DVRO) for those with a close relationship and Civil Harassment Restraining Orders (CHRO) for others. Both orders can prohibit contact, require the person to stay a certain distance away, and restrict gun ownership. CHROs are for situations like neighbor or coworker harassment, while DVROs are for abuse within a family or dating relationship. There are also other specific orders, such as those for elder or workplace abuse.
Type of Restraining Orders:
1) Domestic Violence Restraining Order (DVRO)
For protection from abuse or threats by a family member or someone you have a close relationship with, such as a spouse, ex-spouse, parent, or current partner.
2) Civil Harassment Restraining Order (CHRO)
For protection against someone you don't have a close relationship with, like a neighbor, coworker, or acquaintance, who has harassed or threatened you.
Protects elders or dependent adults from abuse, neglect, or isolation by a caregiver.
Protects employees from violence or threats in the workplace.
Can be requested by a police officer if there is a concern that a person is a danger to themselves or others and may have access to firearms. This order prohibits them from owning or purchasing guns and ammunition but does not require them to stay away from a person.
Issued by a judge in a criminal case to protect victims and witnesses from the defendant.
What can a restraining order do?
-
Order the restrained person to not contact, harass, or threaten you or your family.
-
Order the restrained person to stay a certain distance away from you, your home, your work, and your children's school.
-
Order the restrained person to move out of a shared home.
-
Prohibit the restrained person from owning firearms.
-
Order the restrained person to pay child or spousal support if applicable.
Key Things to Know:
1) Temporary orders
In urgent situations, you can ask for a temporary restraining order (TRO) which can be issued right away to provide immediate protection until a full hearing can take place.
2) Hearing
A hearing is required to get a final, longer-term order, which can last up to five years and be renewed. Both parties present their case to the judge.
3) Enforcement
Once issued, police can enforce the order. If the order is violated, you should call the police.
4) Legal advice
The process can be complex, and it is recommended to seek legal advice.
5) Emergency Protective Order (EPO)
A police officer can request this type of emergency order if they believe immediate danger exists. It lasts for up to seven days and gives you time to go to court to seek a longer-term order.