Restraining orders – also sometimes called a protection orders, orders of protection, or injunctions – are issued by state courts and require one person to stop harming another. They dictate who can file, what protection will be received, and how the order will be enforced. In some circumstances, the court can also order the abuser to turn over any guns, rifles, ammunition, etc., obtain drug testing and/or counseling, etc. These orders can also address other issues, such as who can and cannot have contact with any children shared by the two parties.
If you have any questions or concerns about obtaining or responding to a domestic restraining order here in California, contact our experienced California domestic restraining order attorneys.
Domestic Violence Restraining Orders
Domestic violence restraining orders have similar characteristics as other domestic restraining orders except that they provide protection from threats and/or abuse from someone that you have a close relationship with. In California, you can request this type of order if the person has threatened to abuse you and your close relationship with the other person is characterized by:
- Being closely related (such as a parent, sibling, grandparent, etc.)
- Being divorced or separated;
- Currently dating or used to date;
- Currently living together or used to live together;
- Being married or registered domestic partners; or
- Being the parents of a child.
The law defines domestic violence as this individual that you are in a close relationship with:
- Causing or attempting to cause you injury;
- Destroying your property;
- Disturbing your peace;
- Making you feel that you or someone else is in danger of immediate and serious physical injury;
- Attacking, battering, molesting, or striking you;
- Sexually assaulting you;
- Stalking you; or
- Threatening to harass you.
What About Enforcement?
If the individual who was served the order has engaged in an activity that the court informed them not to, they may have violated the order. The victim can ask the police and/or the court to enforce the order, although the police are typically called upon to enforce particular provisions, such as those ordering the person to stay away from the other. When it comes to other provisions, you can work with an attorney to file a motion for contempt in the court where the order was issued, and the court will then hold a hearing to determine if the order has been violated, as well as any applicable penalties
Contact Our California Domestic Restraining Order Attorneys
Regardless of whether you are seeking to file a restraining order or have had one filed against you, it is impractical—if not dangerous—to try and represent yourself in any of these legal matters. Our restraining order attorneys provide free consultations so that you feel comfortable in moving forward with whatever path is best for you. Contact us today to find out more.
FAQs
A domestic restraining order is a legal injunction meant to protect victims of domestic abuse or violence from their abusers. It restricts the abuser’s ability to contact or approach the victim.
Any individual suffering from domestic abuse—physical, emotional, or financial—can apply. In California, you must have a specific relationship with the abuser, like being current or former spouses, cohabitants, or dating partners.
California offers Emergency Protective Orders (EPO), Temporary Restraining Orders (TRO), and Permanent Restraining Orders. The differences primarily relate to their duration and the immediacy of the threat.
Yes, either party can request a modification, but it’s up to the court to decide. Changes could be made if new evidence comes to light or if circumstances change significantly.
If a violation occurs, immediately contact the police. It’s crucial to keep a copy of the restraining order with you as evidence.
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.
