Restraining orders in California typically order one person to stay away from and not contact another person. If the parties live together, the order may also require one party to move out or include protections for children or other household members. The order may specifically require the restrained person to vacate a shared residence. California has different types of restraining orders, each providing longer or shorter-lasting protection depending on the circumstances. Civil restraining orders are generally obtained through family court to prevent harassment, abuse, or contact, while a criminal protective order is issued in connection with criminal proceedings and is designed to safeguard victims during or after prosecution. California’s restraining order system is structured so that each type of order—emergency, temporary, or permanent—has clear statutory time limits and procedural requirements under the Family Code and Code of Civil Procedure.

If you’ve been ordered to stay away from someone by a restraining order, or if you have an upcoming hearing regarding a restraining order, contact the Law Office of Sheny Gutierrez to schedule a free consultation. A restraining order can impact your career and personal life, potentially affecting your visitation or custody of your children and creating financial strain if you have to move out of your home. In legal proceedings, the person subject to the order is often referred to as the defendant. Our legal team will work to minimize this impact and protect your rights. Violating any restraining order can also lead to criminal charges under Penal Code 273.6, which may result in jail time or fines.

Emergency Protective Order (EPO)

California allows a police officer to request an emergency restraining order if they believe the person needing protection is in immediate danger of domestic violence. Victims and alleged victims cannot file for an emergency protective order (EPO); only a law enforcement officer can request one. Judges in California are available 24 hours a day to issue EPOs.

To receive an EPO, one of the following must be shown:

  • There is sufficient evidence that a judge believes the person is in danger of experiencing domestic violence.
  • A child is in danger of being abducted or is at risk of child abuse.
  • A dependent adult, such as an elderly person, is in immediate danger.
  • The issuance of the EPO will prevent domestic violence, abuse, or abduction.

Emergency protective orders are commonly used in domestic violence cases and situations involving child abuse, where law enforcement must act quickly to protect vulnerable individuals. EPOs are often issued at the scene of domestic violence incidents when officers observe injuries, threats, or disrupted property, suggesting imminent danger.

Emergency protective orders take effect immediately upon issuance and are enforceable for one week. During this time, the alleged victim is expected to apply for a temporary restraining order. The seven-day duration is fixed by statute and cannot be extended, making prompt follow-up by the protected person essential.

Temporary Restraining Order (TRO)

A temporary restraining order (TRO) in California is a type of temporary order issued to provide immediate protection. Individuals can receive protection quickly through a temporary order while awaiting a full hearing for a permanent restraining order. Most TROs are granted ex parte, meaning the judge may issue the order based solely on the petitioner’s sworn statements without the respondent present.

If the judge believes you are in immediate danger and need protection until a court hearing for a permanent restraining order, a TRO will be issued. The respondent must be given proper notice of the order, and personal service is required to ensure they are formally informed of the terms, hearing date, and legal obligations. Failure to properly serve the respondent may result in the court continuing the hearing but extending the TRO to maintain protection until service can be completed.

At the end of the TRO period, a hearing for a permanent order will take place, where the petitioner must present proof to the court to justify extending protection. TROs typically remain in effect for 20 to 25 days, depending on the court’s schedule and whether continuances are granted.

Permanent Restraining Order

During the hearing for a permanent restraining order, the judge will determine whether extended protection is necessary for the person seeking it. Permanent orders are not truly indefinite; they have specific legal durations set by law. Domestic violence restraining orders last for five years, while civil harassment restraining orders are valid for three years. The original order can be renewed or extended by the court, even if there have been no new incidents of harassment or abuse since the original order was issued. The purpose of these orders is to prevent future violence or harassment. California law allows judges to grant lifetime extensions for domestic violence restraining orders if the protected party demonstrates reasonable fear of future abuse, even without new incidents.

Civil Harassment Restraining Order vs. Domestic Violence Restraining Order

California offers two types of permanent restraining orders: a civil harassment restraining order and a domestic violence restraining order.

A civil harassment restraining order protects against individuals not closely related to the victim, such as neighbors or co-workers. These orders are issued when there is a knowing and willful course of conduct directed at a specific person, causing substantial emotional distress or involving credible threats or unlawful violence. The person seeking the order is referred to as the protected person. The burden of proof for civil harassment cases is “clear and convincing evidence,” which is higher than the standard used in domestic violence cases.

A domestic violence protective order is issued against someone who has dated the victim or has a close familial relationship, such as a spouse, parent, sibling, or ex-partner. Domestic violence restraining orders require the petitioner to prove abuse by a preponderance of the evidence—a lower standard—which makes them more accessible in urgent family situations.

Elder Abuse Restraining Orders

Elder abuse restraining orders are a vital form of protection for seniors facing abuse, neglect, or exploitation in California. These protective orders are designed to safeguard elderly individuals from further harm and can be requested not only by the person experiencing abuse but also by concerned family members or others acting on their behalf. The goal is to ensure the safety and well-being of the elderly person, especially in situations where immediate danger or ongoing harassment is present. California’s Elder Abuse and Dependent Adult Civil Protection Act provides broad legal authority for courts to issue protective orders in cases of physical, emotional, or financial abuse.

To obtain an elder abuse restraining order, the petitioner must file specific forms with the court, outlining the details of the abuse or threats. Evidence such as police reports, medical documentation, or witness statements can strengthen the case. The court will then schedule a court hearing, where both the petitioner and the respondent have the opportunity to present evidence. The judge will require clear and convincing evidence that abuse, neglect, or exploitation has occurred or is likely to occur if protection is not granted. Courts may also consider patterns of isolation, controlling behavior, or financial irregularities as evidence of abuse.

Elder abuse restraining orders can provide both temporary protection and long-term safety. In urgent situations where the elderly person is in immediate danger, the court may issue an emergency protective order ex parte, meaning the order is granted without the respondent being present. This temporary protection takes effect immediately and remains in place until a full hearing can be held, usually within a few weeks. At the full hearing, the court will decide whether to grant a longer-lasting or even permanent restraining order, which can last up to five years or more, depending on the circumstances. Some courts permit renewal of elder abuse orders for an additional five years or permanently if the court finds ongoing reasonable fear.

The scope of an elder abuse restraining order can be broad. The court may order the restrained person to stay away from the elderly individual’s home, workplace, or other specified locations, and prohibit any form of contact, including phone calls, emails, or messages. In some cases, the order can address issues related to child custody, visitation, or the use of shared property. The court may also restrict the respondent from making financial decisions on behalf of the elderly person, further protecting them from exploitation. Financial protections may include freezing accounts, prohibiting unauthorized withdrawals, or preventing changes to wills or estate plans.

Law enforcement officers play a crucial role in enforcing elder abuse restraining orders. If the restrained person violates the order, law enforcement can intervene immediately, and the violator may face criminal charges. This strong enforcement mechanism helps ensure that the protective orders are effective in preventing further abuse or harassment. Violations of elder abuse orders often result in immediate arrest because California categorizes these violations as priority enforcement situations.

Elder abuse restraining orders are just one of several types of protective orders available in California. Depending on the relationship between the parties and the nature of the abuse, other forms such as domestic violence restraining orders, civil harassment restraining orders, or workplace violence restraining orders may also be appropriate. Each type of order is designed to address specific situations and provide the necessary level of protection. Workplace violence restraining orders, for example, allow employers to seek protection for employees facing credible threats in the workplace.

Contact a Criminal Defense Attorney in Santa Ana, CA

The Law Office of Sheny Gutierrez helps clients accused of domestic violence by protecting their rights and working to secure the most favorable outcomes. If you have been charged with domestic violence or need representation for a restraining order hearing, contact us to schedule a free consultation. An attorney can also help challenge improperly issued orders, negotiate modifications, or defend against allegations of violation, which may significantly affect the outcome of your case.