Under the California Family Code, in addition to physical violence or threats of physical violence, abuse can include stalking, harassment, sexual assault, disturbing the peace, and vandalism. It can also include acts such as using business or phone contacts to emotionally disturb the peace of another, misusing the court process for the purposes of harassment, and other types of conduct intending to cause physical or emotional harm to another. Restraining orders are designed and intended to stop the abusive conduct from recurring. Restraining orders are an extraordinary legal measure that allows the court to quickly issue orders that restrict the restrained party’s ability to communicate or contact the victim.
You can request a domestic violence restraining order if someone with whom you had a close relationship abused you. Under California law, a close relationship is defined as a spouse, domestic partner, someone you are dating or used to date, someone with whom you have a child, or a partner with whom you used to live. In addition, a parent, child, brother, sister, grandmother, grandfather, or in-law also meets the definition of a close relationship under the law. For strangers, neighbors or coworkers, a different kind of order called a “civil harassment order” applies.
There are several different types of restraining orders that can be used in family law situations, depending on the facts and circumstances of your case. For instance, while an emergency protective order provides immediate relief from abuse, it only lasts for a week — during this time, a temporary restraining order must be requested from the court. A temporary restraining order lasts only until the time of the evidentiary hearing. In contrast, a permanent protective restraining order requires an evidentiary hearing and can last up to five years depending on the seriousness of the abuse.
There are different types of restraining orders that can be obtained in California:
These types of restraining orders are used in emergency situations and can be obtained when you make a police report. If a police officer determines a situation is so dangerous that immediate action should be taken, an emergency protective order may be obtained after contacting the police and making a police report.
An emergency protective order will only last for up to seven days. However, it can give you enough time to fill out the paperwork in family court to obtain a temporary restraining order — which can last up to 21-25 days, or the date of your first hearing on the temporary restraining order. If an evidentiary hearing is not conducted on the date of your hearing, the court will often reissue the restraining order until the next court date.
A temporary restraining order can be issued by a family law judge upon receipt of an application using the appropriate mandatory judicial council forms. TROs can be obtained ex parte, meaning the defendant does not need to appear in court for it to be granted. Instead, a temporary restraining order may be issued based on the moving party’s declaration.
The judge will render their decision solely based on the petitioner’s written declaration and supporting exhibits. Although these types of restraining orders can last up to a month, they are only meant to be a short-term solution until a decision on a permanent restraining order is made at the evidentiary hearing.
A domestic violence restraining order is also referred to as a “permanent” restraining order. Much like a temporary restraining order, they can restrain a party’s ability to physically come within a certain number of yards from the protected party. They can also prohibit a party from communicating with the protected party. Typically, these types of restraining orders do not last longer than five years. In some cases, they can be renewed three months before they expire.
Not only can a permanent restraining order disallow contact between the restrained person and the petitioner, but it can also require that the restrained person stay away from the victim’s residence, workplace, or children’s school. In the event the abuser is living in the same household as you, this type of restraining order can force the restrained person to find another place to live. In addition, it can demand that the restrained party give back certain property and prohibit them from making alterations to shared insurance plans or making decisions that harm your financial situation.
If you have been subjected to abuse by someone with whom you are in a close relationship, obtaining a restraining order can be crucial to ensure you are protected. A compassionate family law attorney can guide you through the legal process to help ensure your safety. Located in Walnut Creek, California, Bednarczyk & Valerio, LLP offers reliable representation and skillful counsel to clients in California for a wide variety of family law matters, including those involving different types of restraining orders. Call 925-464-2494 or contact us online to schedule a consultation to learn how we can help.
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