Domestic violence and abuse are serious issues that affect countless people. If you or someone you know is suffering from threats, harassment, stalking, or violence by a partner, ex-partner, family member, or roommate, getting a restraining order can provide protection. This article will explain what a restraining order is, what it covers, how to get one in California, and how an attorney can help. Read on to learn what legal recourse is available to stay safe.
What Exactly is a Restraining Order?
A restraining order, also called a protective order or injunction, is a court order designed to protect victims of domestic violence and abuse. It tells the abuser to stop engaging in harassing, threatening, violent, or stalking behavior. A domestic violence restraining order in California may also determine child custody and visitation rights related to the abuse.
Restraining orders can protect victims in a variety of relationships and living situations:
- Intimate partners such as spouses, ex-spouses, couples who live together, couples with children in common, and dating partners
- Family members related by blood, adoption, marriage, or domestic partnerships
- Roommates or housemates
What Can You Include in a Restraining Order?
California protective orders can include a variety of legally binding conditions such as requiring the restrained person to:
- Stop threatening, harassing, stalking, sexually assaulting, attacking, hitting, or contacting the protected person
- Stay away from the protected person’s home, workplace, school, children’s schools, and other specific locations
- Move out of a shared residence
- Follow child custody and visitation orders determined by the court
- Complete a batterer’s intervention program
- Turn in any firearms or ammunition they currently possess
In addition to these terms protecting your safety, wellbeing, and peace of mind, violating a restraining order is a misdemeanor crime in California. That means the police can arrest and charge the restrained person for noncompliance. This can provide further motivation for compliance.
Types of Restraining Orders in California
There are a few different kinds of restraining orders in California, each designed to protect victims from certain types of abuse and by specific relationships. The four main types are:
- Domestic Violence Restraining Order (DVRO) – Protects victims of abuse by a spouse, former spouse, domestic partner, former domestic partner, someone you have a child with (regardless of marital status), or a close relative like a parent, sibling, grandparent, grandchild. Abuse can include physical violence, sexual assault, stalking, harassment, emotional abuse, and other offenses.
- Civil Harassment Restraining Order – Protects against harassment by someone who is not a family member or intimate partner, such as a neighbor, classmate, acquaintance, or stranger.
- Elder or Dependent Adult Abuse Restraining Order – Protects elder or dependent adults from physical abuse, neglect, financial abuse, abandonment, abduction, isolation, and more by caregivers or relatives.
- Workplace Violence Restraining Order – Protects employees from violence, threats, stalking, or harassment by a co-worker, former co-worker, or employer. Can prohibit the restrained person from coming near the workplace.
While domestic violence restraining orders are most common for intimate partner abuse, the type of order depends on your relationship with the abuser along with the nature of the harassment or violence. An experienced restraining order lawyer can help determine which restraining order best fits your situation if you are unsure. Temporary emergency protective orders may also be granted while the restraining order is pending.
Requirements for Getting a Restraining Order in California
While precise requirements can vary, you generally need to show that:
- You have a qualifying relationship with the restrained person
- You are fearful of them because they have seriously harmed you before or threaten to seriously harm you
- A court order is necessary to prevent the harassment or abuse from continuing
Threats can be spoken, written, or implied by their behavior. Physical abuse and sexual violence clearly qualify, but California courts can also issue restraining orders in cases involving destruction of property, financial control, emotional manipulation, stalking, annoying phone calls, and more.
How Do You Get a Restraining Order?
The process involves completing paperwork and appearing at court hearings to present your case. Here are the basic steps:
Step 1: Identify the Proper Court
You can file a domestic violence restraining order request at your local Superior Court courthouse. The court clerk can provide the necessary forms during business hours. You can also sometimes find the forms online through your county’s court website.
Step 2: Complete the Petition Paperwork
The petition forms require you to describe the relationship with the restrained person and the facts supporting your request. Gather evidence like threatening text messages, medical records, police reports, property damage estimates, etc. to back up your claims.
Step 3: File Your Petition
Submit your completed paperwork and copies of evidence to the court. The court will schedule a hearing date within 25 days for you to formally present your petition before a judge.
Step 4: Attend Court Hearings
You must attend all scheduled hearings. With your testimony and evidence, convince the judge your safety is at risk and that they should grant you a temporary restraining order until the full hearing. Later, persuade them to issue a full permanent order at the final hearing.
Step 5: Serve the Restrained Person
If granted, the court provides copies of the order to law enforcement agencies. However, you must also “serve” the order to the restrained person by arranging delivery via sheriff, process server, or someone 18 or older who is not involved in the case.
How much does it cost to file for a restraining order?
It costs between $0-$435 to file a restraining order petition in California, depending on county and type of order. Many courts will waive filing fees if you cannot afford them or are receiving certain government benefits. Ask the court clerk or your domestic violence advocate about a fee waiver. There are no costs for getting an order served or enforcing violations.
Why Work with a California Restraining Order Attorney?
While you can request an injunction yourself, having a skilled restraining order lawyer represent you can significantly help your case. An attorney can:
- Advise whether you likely qualify for a restraining order based on your situation
- Ensure your petition and supporting documentation is air tight
- Represent you in court, communicate urgently with law enforcement if the restrained person violates the order, and aggressively protect your interests
Having a Sacramento criminal defense attorney often boosts your credibility with the judge and intimidates the abusive person once they realize you have legal representation. This makes them more likely to comply with an issued order.
Protect Yourself and Your Loved Ones from Further Harm
If you or someone close to you requires protection from domestic violence or stalking threats, act now to get a restraining order secured. Work with a seasoned California attorney to prepare the strongest injunction petition possible to prevent additional harm. The Nieves Law Firm in Sacramento understands how to build compelling cases to get restraining orders granted so you can sever contact with the dangerous abuser. Allow us to support you through this challenging process with determined legal representation.
