Court-issued restraining orders in California are designed to protect an individual from threats of physical harm and abuse as well as other conduct such as harassment. These types of actions are usually issued against a family member, household member, or someone who is threatening the safety of another. Marriage or intimate relationship situations with the alleged abuser are not required to qualify for a restraining order.
Types of Restraining Orders
The courts of California offer different categories of restraining orders that are designed to prevent further contact between the restrained party or offender and protected party or victim. Each one has specific types of restraining orders used for different situations.
Criminal protective orders will ordinarily prohibit a person from any contact with the protected party, including prohibiting them from visiting specific locations like a workplace or school. These types of orders are more commonly used in criminal cases.
The other category involves restraining orders which are used for civil matters and don’t require an underlying criminal case to justify them. However, these are also part of criminal cases at times, such as domestic violence.
Below are the specific types of protective orders granted in California:
Emergency Protective Order (EPO): This type of restraining order is mainly used by law enforcement. It’s a temporary order and only valid for five days. It’s commonly ordered in domestic violence or other criminal cases.
Temporary Restraining Order (TRO): This is a restraining order that is issued on a temporary basis, typically lasting for only three weeks in a domestic violence restraining order action filed in family law court or in a civil harassment restraining order action filed in civil court.
Criminal Protective Order: This restraining order is maintained by the district attorney’s office. The defendant is ordered to not contact the victim in any manner from that time forward.
Filing of Restraining Orders
If you are in fear of being harmed by another person, filing a restraining order with a trusted attorney by your side is ideal. Be sure to file a restraining order with one purpose in mind and that is for protection from an individual who threatens or actually harms you. While these orders often include a required distance between the involved parties, these legal actions also seek to prevent harassment, stalking, and disturbing the peace. Violation of the restraining order may have severe consequences including criminal prosecution.
When you are the target of a restraining order, understand your rights and don’t hesitate to retain an experienced domestic or family law attorney as soon as possible. These types of orders can affect one’s reputation and career if not appropriately addressed in court. You have the right to respond to the allegations against you as well as present your case to have the request for domestic violence restraining order denied.
Hire an Experienced Attorney for Your Case
When you are a victim of a crime, having a restraining order granted against your abuser will give peace of mind and security. Conversely, if you are restrained, your life and relationships are severely affected by these types of orders. It is of the utmost importance that you have a seasoned attorney representing you in court that has extensive knowledge about restraining orders.
At the Riverside law offices of Bratton Razo & Lord, we have been serving the legal needs of families in the greater Riverside and San Bernardino area since 1989. Our seasoned legal team combines our efforts to provide each of our clients with the dedicated personal service they deserve. We are by your side through every step of the legal process. Contact us today for a free telephone consultation at (951) 684-9000. No matter what your situation, we are here to help you achieve your goals.