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 house members. California has different types of restraining orders, each providing longer or shorter-lasting protection depending on the circumstances.

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. Our legal team will work to minimize this impact and protect your rights.

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 abused.
  • 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 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.

Temporary Restraining Order (TRO)

A temporary restraining order (TRO) in California can last from 20 to 25 days if granted. 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. At the end of the TRO period, a hearing for a permanent order will take place.

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. Domestic violence restraining orders last for five years, while civil harassment restraining orders are valid for three years.

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. It may be granted if the alleged perpetrator stalked, threatened, harassed, or harmed the victim.

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.

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.