Four Types of Restraining Orders in California: What You Need to Know
Quick Answer: California has four types of restraining orders: Domestic Violence, Civil Harassment, Elder or Dependent Adult Abuse, and Workplace Violence. Each applies to a different relationship and set of circumstances. A temporary restraining order can be issued the same day you file and lasts approximately 21 days, after which a court holds a hearing to decide whether to issue a permanent order lasting up to five years.
If you need help obtaining or challenging a restraining order, contact The Geller Firm at (415) 840-0570 for a confidential consultation.
What Does a Restraining Order Do in California?
A restraining order, also called a protective order, is a court order that legally prohibits a specific person from contacting, harassing, threatening, or coming within a certain distance of the protected person. California restraining orders can also restrict the restrained person from coming near the protected person's home, workplace, vehicle, or children.
The person the order protects is called the protected person. The person the order restricts is called the restrained person.
What Are the Four Types of Restraining Orders in California?
California law provides four distinct types of restraining orders. The correct type depends on your relationship with the other party and the nature of the conduct you are seeking protection from.
1. Domestic Violence Restraining Order
A domestic violence restraining order (DVRO) is available when the person harming or threatening you is someone with whom you have a close personal relationship. Under California law, a close relationship includes:
Current or former spouses
Current or former dating partners
People who live together or previously lived together
Parents who share a child together
Close family members or in-laws
A DVRO can address physical abuse, threats, harassment, stalking, and coercive control. It can also include orders regarding child custody, property use, and firearm surrender.
2. Civil Harassment Restraining Order
A civil harassment restraining order is designed for situations where the threatening or harassing person is not in a close relationship with you. Common examples include:
Neighbors
Roommates
Coworkers
Distant relatives
Acquaintances or strangers
To obtain a civil harassment restraining order, you must show that the other person has harassed, stalked, threatened, or committed acts of violence against you, and that a reasonable person would suffer substantial emotional distress as a result.
3. Elder or Dependent Adult Abuse Restraining Order
This type of restraining order is available to two groups of people:
Adults who are 65 years of age or older and have been subjected to abuse, neglect, physical injury, or deprivation by a caregiver or another person
Adults between the ages of 18 and 64 who have a mental or physical disability that prevents them from carrying out normal activities or protecting themselves
This order is commonly used in situations involving financial exploitation, physical abuse, or neglect of elderly or disabled individuals by caregivers, family members, or others in positions of trust.
4. Workplace Violence Restraining Order
A workplace violence restraining order is unique because it is sought by an employer on behalf of an employee, not by the employee directly. An employer may petition for this order when there is credible evidence that an employee has been subjected to unlawful violence or credible threats of violence at the workplace.
Importantly, an individual employee cannot file for a workplace violence restraining order on their own behalf. The request must come from the employer.
How Do You Get a Restraining Order in California?
The process for obtaining a restraining order in California generally follows these steps:
Complete the required court forms. The California courts provide standardized forms specific to each type of restraining order. The forms ask you to describe the conduct you are seeking protection from, your relationship with the other party, and the relief you are requesting.
File the forms with the court clerk. You or your attorney file the completed forms with the superior court in the county where you live or where the abuse occurred. A filing fee applies unless you qualify for a fee waiver.
A judge reviews your request. The judge reviews your forms, typically the same day or the next business day, and decides whether to issue a Temporary Restraining Order (TRO).
Service of process. If a TRO is issued, the restrained person must be formally served with notice of the order and the upcoming hearing date.
Attend the court hearing. A hearing is scheduled approximately 21 days after the TRO is issued. Both parties may present evidence and testimony. The judge then decides whether to issue a permanent restraining order.
Permanent restraining order. If the court finds sufficient grounds, it will issue a restraining order that can remain in effect for up to five years and is renewable.
What Are Emergency Protective Orders?
Many people are unaware that law enforcement officers responding to a domestic violence call have the authority to issue an Emergency Protective Order (EPO) on the spot, without requiring the victim to file paperwork first.
An officer may issue an EPO if they believe a person is in immediate danger and they obtain approval from an on-call judge by phone. An EPO takes effect immediately but lasts only five business days or seven calendar days. It is designed to provide immediate protection while the victim has time to file for a formal TRO through the court.
How Long Does a Restraining Order Last in California?
The duration of a restraining order depends on the type:
Emergency Protective Order: Up to five business days or seven calendar days
Temporary Restraining Order: Approximately 21 days, until the court hearing
Permanent Restraining Order: Up to five years from the date of the court hearing, and renewable upon petition
What Are the Consequences of Violating a Restraining Order?
Violating a restraining order in California is a criminal offense under Penal Code § 273.6. A violation is typically charged as a misdemeanor and can result in:
A fine of up to $1,000
Up to one year in county jail
Additional penalties for repeat violations or violations involving violence
In addition, most restraining orders require the restrained person to surrender any firearms and prohibit them from purchasing, owning, or possessing a firearm for the duration of the order.
Can a Restraining Order Be Challenged?
Yes. If a restraining order has been filed against you, you have the right to contest it at the hearing, which typically takes place within 21 days of the TRO being issued. At the hearing, you or your attorney can:
Present evidence challenging the protected person's claims
Call witnesses on your behalf
Cross-examine the protected person
Argue to the judge why the restraining order is not warranted
If the judge agrees, the TRO expires and no permanent order is issued. Given the serious consequences of a restraining order, including the firearm prohibition and potential criminal liability for violations, retaining an experienced attorney before the hearing is strongly advisable.
Frequently Asked Questions
Can I get a restraining order against a family member who is not a spouse or partner? Yes. Depending on the relationship, either a domestic violence restraining order or a civil harassment restraining order may apply.
Does a restraining order show up on a background check? A restraining order itself is a civil matter and may appear in civil court records. However, if the restrained person violates the order and is convicted, that criminal record will appear on a background check.
Can a restraining order affect child custody? Yes. A domestic violence restraining order can include custody and visitation orders and may trigger the rebuttable presumption against custody for the restrained parent under Family Code § 3044.
What if I need protection immediately and the courts are closed? Contact law enforcement. Officers can issue an Emergency Protective Order at any time, including nights, weekends, and holidays.
Can a restraining order be modified or terminated early? Yes. Either party may petition the court to modify or terminate a restraining order before its expiration date if circumstances have changed.
Speak With a California Restraining Order Attorney
Whether you are seeking protection or responding to an order filed against you, the stakes are significant. The Geller Firm represents clients across California in restraining order proceedings, including domestic violence restraining orders, civil harassment matters, and contested hearings. We offer confidential virtual and in-person consultations from our Walnut Creek office.
Call (415) 840-0570 or contact us online to schedule your consultation.