If you have any questions or concerns about how to obtain a restraining order, or questions about one’s rights in connection with being served a restraining order, contact our experienced California civil restraining order attorneys today for assistance.
Types of Restraining Orders
Although most restraining orders are issued in connection with domestic violence issues, California law allows you to obtain any of the following protective or restraining orders of the following nature:
- Civil Harassment: Helps protect people from abuse, harassment, and/or threats orders someone not to go near the individual, stay away from any particular locations such as work, school, home, etc.and not have a firearm while the order is in effect.
- Criminal: Typically issued by a judge to protect a victim or witness of a crime; orders them to stay away from an individual and communicate, threaten, etc. them. Often issued after an Emergency Protective Order.
- Emergency: Common in domestic violence and criminal cases; valid for five days.
- Temporary: Common in domestic violence cases; valid for three weeks but can also be extended to three years or permanent.
Courts can issue restraining orders prohibiting individuals from contacting certain people, going to certain properties, and engaging in other activities. A civil restraining order is separate from a criminal protective order, although they can be related in connection with the same threat and/or person who you need protection from, and who must be informed that they legally cannot have any contact with you.
If You are Served With a Restraining Order
If you are served with a restraining order, you have the right to:
- Be officially served with the order
- Have a court hearing
- File a response to any allegations made (within 20 days before the court hearing)
- Request changes or modifications to the order
What is Necessary for Any Civil Restraining Order
Whether you are filing for a restraining order or are served with one, you will want to gather the following:
A civil restraining order is a broad type of restraining order that covers situations not involving relatives or domestic partners, like stalking or severe harassment by acquaintances or strangers.
Civil restraining orders are generally used for non-domestic and non-relative cases. They are often employed to address issues like stalking, harassment, or threats from neighbors or acquaintances.
Yes, businesses can file restraining orders against individuals who pose threats to the business operations or the safety of employees.
Violation of a civil restraining order can result in arrest and criminal charges, including fines and imprisonment. Always report violations to law enforcement.
Typically, civil restraining orders last up to 3 years but can be extended by the court based on evidence or if the threat persists.
Note: This FAQ is for informational purposes only and should not be considered as legal advice. Always consult with a qualified attorney for your specific legal needs.